L.  R.  A* 

TRIENNIAL 

INDEX  DIGEST 

1915-1917 


TABLE  OF 

SUPPLEMENTED  L.  R.  A.  NOTES 
IN  APPENDIX 


UCSB    LIBH'ARY 

X- 


L.R.  A. 

TRIENNIAL 

INDEX  DIGEST 

1915-1917 


COMBINING  NOTES  AND  CASES  IN  ONE 
ALPHABETICAL  ARRANGEMENT 


AND  SUPPLEMENTING 

DIGESTS  1-70  L.R.A.  and  1-52  L.R.A.(N.S.) 

AND 
INDEXES  TO  NOTES  1  L.R.A.— 42  L.R.A.(N.S.) 

and  43  L.R.A.(N.S.)— L.R.A.  1916F 


THE  LAWYERS  CO-OPERATIVE  PUBLISHING  COMPANY 

ROCHESTER,  N.  Y. 

1918 


Copyright  1918 

by 
THE  LAWYERS  CO-OPERATIVE  PUBLISHING  COMPANY 


E.  R.  ANDREWS  PRINTING  COMPANY,  Rochester,  N.  T. 


PREFACE 


This  Triennial  Index  Digest  for  L.R.A.1915-191Y  will  greatly  simplify 
your  use  of  the  Reports.  It  combines  in  one  volume  and  under  one  alpha- 
betical arrangement  everything  needed  to  bring  the  Digests  and  Indexes 
of  L.R.A.  down  to  date.  It  therefore  entirely  supersedes  all  the  Cumula- 
tive Indexes  prior  to  January,  1918,  and  also  the  annual  Index  Digests 
for  1915  and  1916. 

The  index  to  the  decisions  and  the  index  to  annotations  are  no  longer 
separate,  but  are  brought  together  for  every  topic  and  for  every  division  or 
subdivision.  Yet  the  distinction  between  them  is  unmistakably  preserved 
by  putting  the  note  index  matter  in  striking  italic  type  and  under  the 
word  "Annotation." 

Heavy  black  type  is  used  for  all  division  headings  in  every  topic;  but 
subdivision  headings,  though  in  the  same  type  as  the  main  headings,  are 
printed  with  a  heavy  dash  before  each  of  them,  to  show  that  they  are 
only  subordinate  parts  of  the  main  head  above  them. 

To  make  this  subordination  of  the  subheadings  to  the  main  headings 
still  more  sharply  apparent,  and  also  to  give  a  bird's-eye  view  of  what 
is  contained  in  the  topic,  a  scheme  or  outline  of  these  divisions  and  sub- 
divisions is  printed  at  the  head  of  each  of  the  larger  subjects.  While  this 
may  not  be  strictly  necessary,  it  will  help  to  give  you  a  quick  grasp  of  just 
what  there  is  to  be  looked  for  in  that  topic. 

These  various  features  make  it  possible  to  find  very  quickly  every  decision 
and  annotation  in  the  L.R.A.  subsequent  to  your  bound  volume  Digests 
and  Indexes  to  Notes,  thus  bringing  them  down  to  January,  1918.  Discard 
all  prior  Cumulative  Indexes  and  Index  Digests.  This  one  volume  takes 
the  place  of  them  all. 

February,  1918. 


L.E.A. 

TRIENNIAL 

INDEX  DIGEST 

1915-1917 


ABANDONMENT. 

Of  contract,  see  CONTBACTS. 

As   ground    for    divorce,    see   DIVOBCE  ATTD 

SEPARATION. 
Of  wife,  see  HUSBAND  AND  WOTS. 

Annotation. 

Of  premises  ~by  tenant;  right  of  tenant 

to  increased  rent  on  re-leasing  by 

landlord.   1917D,   612. 

Of  appeal.    1915F,  726. 

Of     premises     by     tenant.       1916F,     1063; 

1917D,  609. 

Of  rights  under  mining  lease.    1915B,  561. 
Necessity  that  abandonment  of  real  property 

be  in  writing.     1915D,  176. 
Of   trust   for    public   in   navigable   waters. 

1917A,  1007. 
Of  operation  of  interurban  railroad.    1915B, 

547. 
By    carrier    of    operation    of    branch    road. 

1915A,  549;  1917D,  1105. 
Of  husband,  effect  on  rights  in  homestead. 

1915D,  551. 


<»*» 


ABATEMENT. 

Of  action,  see  ABATEMENT  AND  REVIVAL. 
Of  nuisance,  see  NUISANCES. 

Annotation. 

Bight  of  vendee  to  specific  performance 


Of 


abatement  from  purchase 
price  where  tJie  vendor  is  unable 
to  convey  a  good  and  unencum- 
bered title.  1917F,  597. 


rent    on    theory 
1917F,  713. 


of    partial    eviction. 


ABATEMENT    AND    REVIVAL. 
In  general. 

Annotation. 

Garnishment  proceedings  and  an  ac- 
tion to  recover  the  debt  pending  in 
different  states  or  countries  as  sus- 
taining plea  in  bar  or  abatement. 
1911F,  1O16. 

Plea  in  abatement.  1915B,  665;  1917F, 
1013. 

By  death. 

Effect  of  constitutional  provision  on  statute 
as  to  abatement  of  action  by  death. 
1915E,  1102. 

Abatement  of  action  by  woman  for  furnish- 
ing intoxicating  liquor  to  her  husband, 
by  his  death.  1916D,  940. 

Abatement  by  death  of  grantor  of.  his  right 
to  rescind  the  deed  for  fraud.  1916B, 
862. 

Action  to  recover  for  loss  caused  by  pur- 
chase of  worthless  corporate  stock 
through  fraud.  1917D,  832. 

Action  for  alimony.    1916B,  852. 

Action  for  assault.     1916 A,  1140. 

Action  for  personal  injuries.  1915E,  1102, 
1141. 

Action  for  death.    1910A,  1142;  1916C,  964. 

Right  of  defendant  in  prosecution  for  bas- 
tardy to  dismissal  on  death  of  the  bas- 
tard. 1915E,  314. 

Pendency  of  prior  action. 

Conflict  of  laws  as  to.     1915E,  1132. 

Raising  by  demurrer  defense  of  former  suit 
pending.  1917A,  671. 

Pendency  in  Federal  court  of  suit  for  per- 
sonal injuries  as  ground  for  abatement 
of  action  in  state  court,  after  plaintiff's 
death  as  the  result  of  the  injuries,  to 
recover  damages  for  her  death.  1915E, 
1132. 


ABATEMENT  AND  REVIVAL— ABUTTING  OWNER. 


6 

Abatement  of  subsequent  action  by  action 
in  which  record  has  been  lost.  1917A, 
671. 

Pendency  of  action  by  telephone  company 
to  restrain  governmental  agency  from 
destroying  its  poles  and  wires  as  bar 
to  action  by  such  agency  for  mandamus 
to  compel  the  removal  of  the  telephone 
line.  1917D,  660. 

Pendency  of  suit  for  infringement  of  trade- 
,  mark  as  bar  to  temporary  injunction  in 
suit  for  unfair  competition.  1915F, 
1107. 

Revival. 

Effect 'of  appointment  of  receiver  for  corpo- 
ration to  revive  right  of  action.  1916F, 
709. 


ABDUCTION  AND   KIDNAPPING. 

Kidnapping  of  child  by  father  by  enticing 
it  from  the  custody  of  its  mother. 
1915B,  189. 


ABORTION. 

Evidence  in  prosecution  for  manslaughter  in 
procuring.    1916C,  563. 


ABSENCE. 

Annotation. 

Validity  and  effect  of  by-law  of  mutual 
benefit  society  refusing  to  pay  bene- 
fit upon  presumption  of  death  from 
seven  years'  absence.  1917C, 
1032. 

Presumption  of  death  from.  1915B,  728, 
744,  749,  756;  1915D,  176;  1916C,  707; 
1916F,  438,  819;  1917C,  1029. 

By-law  of  benefit  society,  suspending  mem- 
ber who  disappears.  1917A,  183. 

Of  accused.    1917B,  344;  1917C,  610. 

Discontinuance  for  absence  of  party  or  wit- 
ness. 1916B,  686. 


ABSTRACTS. 


On  appeal,  see  APPEAL  AND  ERROR. 

Measure  of  damages  for  negligence  of  ab- 
stracter.  1916D,  820. 

Effect  of  mistake  in  name  on  records  on  lia- 
bility of  abstracter.  1915D,  1211. 

Liability  of  abstracter  to  one  other  than  the 
perron  for  whom  the  abstract  was  made. 
1916D,  820. 


ABUSE. 

Of  passenger,  see  CARRIERS. 

Annotation. 

Libel  or  slander  by  words  used  as  mere 
words  of  abuse.  1917D,  2O5. 

Conviction  for  use  of  abusive  words  as  bar 
to  prosecution  for  assault  and  battery. 
1917A,  140. 

Liability  of  storekeeper  for  abuse  of  cus- 
tomer by  servant.  1915F,  516. 

Liability  of  master  generally  for  abuse  by 
servant.  1916E,  912. 


ALUSE    OF   PROCESS. 

Liability  for,  generally,  see  FALSE  IMPRISON- 
MENT;  MALICIOUS  PROSECUTION. 

Action  for  malicious  abuse  of  process:  when 
maintainable.     1915A,  601. 


ABUTTING    OWNER. 

Measure  of  damages  to,  in  condemnation 
proceedings,  see  DAMAGES. 

Additional  servitude  as  against,  see  EMI- 
NENT DOMAIN. 

Right  to  compensation  for  consequential  in- 
juries on  condemnation  of  property,  see 
EMINENT  DOMAIN. 

Rights  of,  in  highways,  see  HIGHWAYS. 

Liability  for  injury  on  defective  highway, 
see  HIGHWAYS. 

Annotation.  \ 

Liability  of  property  owner  -for  injury 
to  persons  or  property  in  highway 
due  to  condition  of  fence.  1917E, 
812. 

Private  action  by,  to  abate  nuisance.    1916C, 

1260;   1917A,  1150. 
Compensation  for  taking  rights  or  injuring 

property  of.     1915C,  981;  1915F,  1005; 

1916D,  1074. 
Title  of  abutting  owner  to  material  placed 

by  him  in  sidewalk  which  is  not  accept- 
ed by  municipality.     1915B,  187. 
Right  to  complain  of  refusal  of  municipal- 

itv  to  set  aside  portion   of   street   for 

sidewalk.     1916D,  1049. 
Rights  of,  in  alley.    1917E,  721. 
Duty  to  maintain  premises  in  condition  of 

safety  to  travelers  on  highway.    1917E, 

809/ 

Duty  to  lay  sidewalks.    1917A,  472. 
Liability  of  railroad  company  to  abutting 

owner   for   noise  not  amounting   to  a 

nuisance.    1917C,  346. 
Liability  of  railroad  for  injury  to  access  of 

abutting    owner    by    change    of    grade. 

1916C,  433;    1916D,  1074. 


ACCELERATION— ACCOMPLICE. 


ACCELERATION. 

Of  maturity  of  notes  representing  debt  and 
interest  on  default  in  payment  of  one 
of  them.  1916B,  807. 

Of  remainder.    1915A,  671. 

4  «  » 


Right  of  conditional  vendor  of  automobile 
to  tires  fitted  thereto,  when  machine  is 
reclaimed.  1916E,  254. 


ACCEPTANCE. 

Of  part  payment  in  full,  see  ACCOBD  AND 

SATISFACTION. 

Of  negotiable  paper,  see  BILLS  AND  NOTES. 
Of  check,  see  CHECKS. 
Of  offer,  see  CONTRACTS. 
Of  performance  of  contract,  generally,  see 

CONTRACTS. 

Of  dedication,  see  DEDICATION. 
Of  deed,  see  DEEDS. 
Of  legacy,  see  WILLS. 

Annotation. 

Necessity  and  sufficiency  of  acceptance 
of  grant  of  right  of  way  over  public 
land  for  public  higliway.  1917 A, 
355. 

Of  highway.    1917A,  350. 

Of  guaranty.    1917D,  402. 

Of  employee's  resignation.     1915D,  477. 

Of  gift,  proof  of.     1916E,  283. 

Of  insurance  risk.     1916D,  238. 

Effect  of  acceptance  of  work  on  liability  of 
independent  contractor  for  subsequent 
injury.  1915E,  766;  1917C,  907. 


ACCESS. 

Easement  of.    1915D,  1115. 

Riparian  right  of.     1916C,  139. 

Liability  of  railroad  for  injury  to  access 

of  abutting  owner  by  change  of  grade. 

1916C,  433 ;  1916D,  1074. 
Liability  of   municipality   for   interference 

with    access    to    abutting    property    by 

change  of  street  grade.     1916C,  433. 


ACCESSION  AND   CONFUSION. 

Annotation. 

Confusion  of  goods  "by  inevitable  acci- 
dent. 1917D,  851. 

Right  of  public  to  maps  and  plats  prepared 
by  officer  out  of  office  hours  upon  paper 
taken  from  discarded  public  books. 
1917B,  1176. 

Right  of  creditor  of  grocer  holding  secured 
claim  antedating  a  transfer,  invalid  as 
to  creditors,  of  a  part  interest  in  the 
business,  in  consideration  of  additions 
to  stock,  to  enforce  his  lien  by  sale  of 
the  commingled  assets.  1917D,  619. 

Rights  in  money  received  by  warehouseman 
by  way  of  salvage  in  case  of  confusion 
of  goods  of  different  persons  in  ware- 
house by  fire.  1917D,  847. 


ACCESSORY. 

To  crime,  see  CBIMINAL  LAW. 


ACCIDENT. 

To  passenger,  see  CARRIERS. 

Presumption  of  negligence  from,  see  EVI- 
DENCE. 

Inevitable  accident,  see  INEVITABLE  ACCI- 
DENT. 

Insurance  against,  see  INSURANCE. 

As  cause  of  death  or  injury  of  insured,  see 
INSUBANCE. 

Proximate  cause  of,  see  PROXIMATE  CAUSE. 

To  person  on  railroad  track  or  at  crossing, 
see  RAILBOADS. 

What  constitutes  injury  by  accident  within 
meaning  of  Workmen's  Compensation 
Act,  see  WORKMEN'S  COMPENSATION. 

In  general,  see  NEGLIGENCE. 

Annotation.  . 

Aft  ground  for  relief  from,  divorce. 
1917B,  459. 

Homicide  by.    1917C,  533. 

Evidence  of  declarations  as  to.    1915D,  503. 


ACCIDENT    INSURANCE. 

See  INSURANCE. 


ACCOMMODATION    PAPER. 

What  is.    1916A,  1049,  1215. 

Pleading  in  action  against  accommodation 

maker.    1916C,  767. 
Variance  between  pleading  and  proof  as  to. 

1916A,  1049. 


ACCOMPLICE. 

Liability  of,  see  CBIMINAL  LAW. 
Proof  of  acts  or  declarations  of,  see  EVI- 
DENCE. 

Question  for  jury  as  to.    1916F,  1251. 
Admissibility  in  evidence  of  articles  taken 

from    accomplice    of    accused.      1916D, 

590. 
Corroboration.     1915D,   682;    1915E,   1222; 

1916F,  1251. 


8  ACCORD  AND  SATISFACTION— ACTION  ON  THE  CASE. 

ACCORD  AND   SATISFACTION.  ACCOUNTS. 


As  to  compromise  and  settlement,  see  COM- 

PROMISE  AND  SETTLEMENT, 

Annotation. 

Payment  of  part  of  a  liquidated  and 
undisputed  debt  as  a  consideration 
for  the  discharge  of  the  whole. 
1917A,  719. 

Retaining  check  stating  that  it  is  in  full 

payment.     1917A,  716. 
Agreement  to  accept  less  than  full  amount. 

1917A,  716,  725. 
Accord  with  agent  of  debtor.     1917A,  725. 


ACCOUNT  BOOKS. 

As  evidence,  see  EVIDENCE. 
Condition  in  insurance  policy  as  to  keep- 
ing of,  see  INSURANCE. 
In  general,  see  ACCOUNTS. 


ACCOUNTING. 

Suit   by   stockholders    for   accounting,    see 

CORPORATIONS. 
By  personal  representative,  see  EXECUTORS 

AND  ADMINISTRATORS. 

Annotations. 

Between  members  of  partnership  which 
is  illegal,  or  which  has  been  en- 
gaged in  illegal  business.  1917 A, 
446. 

Bight  of  creditor  of  individual  partner 
or  of  his  estate  to  appear  in  pro- 
ceedings for  the  settlement  of  af- 
fairs of  partnership.  1917B, 
1O47. 

Jurisdiction  to  entertain  bill  for,  where  com- 
plainant's claim  is  based  on  contract. 
1915B,  1052. 

Collusiveness  of  judgment  as  to  all  matters 
litigated  in  action  for  partnership  ac- 
counting. 1917F,  1006. 

In  action  of  ejectment.    1915F,  771. 

By  guardian.     1916A,  627. 

Against  bank  for  application  of  funds  of 
third  person  to  payment  of  overdraft. 
1915A,  715. 

By  corporate  directors  on  closing  business. 
1915D,  632. 

Suit  by  member  of  railroad  relief  association 
for  accounting  on  his  discharge  for 
sums  paid.  1916A,  1145. 

Right  of  employees  whose  compensation  is 
based  on  a  percentage  of  sales  and  who 
are  discharged  because  of  attempted 
organization  of  rival  business,  to  seek 
accounting  in  equity.  1915B,  1152. 


As  evidence,  see  EVIDENCE. 

Annotations. 

Effect  of  devise  or  bequest  of  store, 
shop,  or  business  to  pass  book  ac- 
counts. 1917D,  437. 

Effect  of  retaining  statement  of  account 
to  render  it  an  account  stated. 
1917C,  447. 

Application  of  usury  law  to  purported 
sale  or  assignment  of  accounts. 
1917E,  1121. 

Effect    of    silence    to    constitute   a   bill    nn 

account  stated.     1917C,  445. 
Usury  in  transaction  by  which  accounts  are 

assigned.     1917E,  1110. 
What  constitutes  a  closed  account  within 

rule    that   usury   cannot    be    recovered 

back  on  a  closed  account.    1917E,  1110. 
Effect  of  omission  of  item  of  interest  from 

statement  of  account.    1916A,  568. 


ACCRETIONS. 


Right  to,  see  WATERS. 


ACCUSED. 

In  general,  see  CRIMINAL  LAW. 
Evidence  of  confession  by,  see  EVIDENCE. 

Necessity    of    presence    of.      1917B,     344; 

1917C,  610. 
Cross-examination  of.     1915B,  131. 


ACKNOWLEDGMENT. 

As  effecting  limitation  of  actions,  see  LIMI- 
TATION OF  ACTIONS. 

Sufficiency;  necessity. 

Necessity  of  acknowledgment  of  gift  of  sav- 
ings bank  deposit.  1915B,  396. 

Failure  of  clerk  to  certify  that  acknowledg- 
ment was  taken  in  accordance  with  law 
of  place  where  made.  1915C,  492. 

Sufficiency  of  certificate  to  meet  statutory 
requirements.  1915C,  492. 

Effect  of  defective  acknowledgment  of  par- 
tition deed.  1917F,  566. 


ACQUIESCENCE. 

Estoppel  by,  see  ESTOPPEL. 


ACTION    ON    THE    CASE. 

See  CASE. 


ACTION  OR  SUIT. 


ACTION   OR   SUIT. 

In  general. 

Premature;  conditions  precedent. 

Defenses. 

Kind;  name. 

Splitting;  successive  suits. 

Joinder. 

Multifariousness. 


In  general. 

Abatement  of,  see  ABATEMENT  AND  REVIVAL. 

Appearance,  see  APPEABANCE. 

Stipulation  in  carrier's  contract  as  to  time 
of  commencing  suit  for  injury  to  or 
loss  of  goods,  see  CARRIERS. 

Compromise  of,  see  COMPROMISE  AND  SETTLE- 
MENT. 

Comity  in  general,  see  CONFLICT  OF  LAWS. 

Continuance  or  adjournment,  see  CONTINU- 
ANCE AND  ADJOURNMENT. 

Jurisdiction  of  courts,  see  COURTS. 

Dismissal  and  discontinuance,  see  DISMIS- 
SAL OR  DISCONTINUANCE. 

Injunction  to  restrain,  see  INJUNCTION. 

Civil  damage  suits,  see  INTOXICATING  LI- 
QUORS. 

Limitation  of  actions  or  suits,  see  LIMITA- 
TION OF  ACTIONS. 

Effect  of,  on  running  of  limitation,  see  LIMI- 
TATION OF  ACTIONS. 

Parties,  see  PARTIES. 

Removal  of,  see  REMOVAL  OF  CAUSES. 

Venue  of,  see  VENUE. 

Service  of  process  in,  see  WRIT  AND  PROC- 
ESS. 

On  bill  or  note,  see  BILLS  AND  NOTES. 

On  bond,  see  BONDS. 

Action  on  the  case,  see  CASE. 

Action  for  death,  see  DEATH. 

To  enforce  judgment,  see  JUDGMENT. 

For  libel,  see  LIBEL  AND  SLANDER. 

By  stockholder  of  corporation,  see  CORPORA- 
TIONS. 

By  or  against  foreign  corporation,  see  COR- 
PORATIONS. 

By  or  against  executor  or  administrator, 
see  EXECUTORS  AND  ADMINISTRATORS. 

By  husband  or  wife,  see  HUSBAND  AND 
WIFE. 

By  or  against  incompetent,  see  INCOMPE- 
TENT PERSONS. 

By  or  against  receiver,  see  RECEIVERS. 

Due  process  as  to  right  of  action.  1916A, 
403;  1916D,  412. 

Inciting  institution  of  fictitious  suit  as  con- 
tempt. 1915B,  689. 

Forbearance  to  sue  as  consideration  for  con- 
tract. 1917A,  1068. 

Effect  of  institution  of  suit  to  determine 
validity  of  statute  to  prevent  its  going 
into  effect.  1917B,  1. 

Right  of  alien  enemy  to  maintain  action. 
1917C,  644. 

Right  of  payee  of  check  to  maintain  action 
against  bank  for  the  amount  of  the 
check.  1915C,  531. 

Independent  suit  for  alimony.  1915E,  421; 
1916B,  919;  1917D,  773;  1917E,  490. 


Premature;   conditions  precedent. 

Conditions  precedent  to  rescission  of  con- 
tract, see  CONTRACTS. 

Condition  precedent  to  suit  against  city,  see 
MUNICIPAL  CORPORATIONS. 

Annotation. 

Necessity  of  entry  or  formal  declaration 
of  forfeiture  as  a  condition  of 
maintaining  action  other  than  for 
damages,  based  on  breach  of  con- 
dition subsequent  in  a  conveyance 
of  freehold.  1917C,  SS2. 

Effect  of  appeal  on  time  for  bringing  action. 
1916B,  ]272. 

Variance  between  pleading  and  proof  as  to 
date  of  accrual  of  cause  of  action. 
1917F,  935. 

Prematurity  of  action  to  subject  land  to 
payment  of  judgment  for  alimony. 
1916B,  1272. 

Prematurity  of  action  for  breach  of  promise. 
1915D,  1190. 

Prematurity  of  mortgage  foreclosure. 
1915C,  993. 

Prematurity  of  suit  on  insurance  policy. 
1915F,  1210. 

When  right  of  action  accrues  to  creditor  of 
corporation  against  directors  for  exceed- 
ing debt  limit.  1916C,  189. 

Prematurity  of  action  for  wrongful  attach- 
ment. *1917B,  350. 

Finding  by  Interstate  Commerce  Commis- 
sion as  condition  precedent  to  mainte- 
nance of  action,  1916D,  253;  1917D, 
750. 

Demand  as  condition  precedent.  1915 A, 
679;  1916D,  462. 

Notice  as  condition  precedent.     1917C,  879. 

Filing  of  mechanics'  lien  as  condition  pre- 
cedent to  action  on  contractor's  bond. 
1917D,  722. 

Cancelation  of  release  as  condition  precedent 
to  action  at  law  to  set  release  aside  and 
recover  damages.  1917E,  399. 

Condition  precedent  to  action  for  breach  of 
condition  subsequent.  1917C,  879. 

Conditions  of  right  to  maintain  action  for 
fraud.  1915F,  962. 

Duty  of  members  of  fraternal  society  to 
exhaust  all  remedies  within  the  order 
before  resorting  to  civil  courts.  1917  E, 
995. 

Condition  precedent  to  action  on  insurance 
policy.  1915D,  766;  1917E,  983. 

To  action  for  replevin.    1917A,  69o. 

To  action  for  breach  of  warranty.  1916C, 
1001. 

To  action  of  ejectment.     1915A,  679. 

To  maintenance  of  mandamus  proceedings. 
1915D,  98. 

To  action  for  malicious  prosecution.  1915A, 
601;  1915B,  1179. 

To  action  to  enforce  stockholders'  liability. 
1915B,  797. 

To  action  by  stockholders.     1915D,  1J28. 

Defenses. 

In  action  for  assault,  see  ASSAULT  AND 
BATTERY. 


10 


ACTION  OR  SUIT. 


In  action  on  negotiable  paper,  see  BILLS 
AND  NOTES. 

To  action  on  bond,  see  BONDS. 

Tu  action  for  breach  of  promise,  see  BREACH 
OF  PROMISE. 

Right  to  .set  up  defense  of  ultra  vires,  see 
CORPORATIONS. 

Against  liability  of  stockholders,  see  COR- 
PORATIONS. 

In  action  for  causing  death,  see  DEATH. 

In  suit  for  divorce,  see  DIVORCE  AND  SEPA- 
RATION. 

•  Laches   as,   see  ESTOPPEL;    LIMITATION   OF 
ACTIONS. 

Burden  of  proving,  see  EVIDENCE, 

In  action  for  false  imprisonment,  see  FALSE 
IMPRISONMENT. 

In  action  on  insurance  policy,  see  INSUR- 
ANCE. 

In  libel  suit,  see  LIBEL  AND  SLANDER. 

In  foreclosure  suit,  see  MORTGAGE. 

In  proceedings  to  abate  nuisance,  see  NUI- 
SANCES. 

Negation  of,  see  PLEADING. 

Violation  of  Sunday  law  as,  see  SUNDAY. 

To  action  for  infringement  of  trademark, 
see  TRADEMARKS. 

Usury  as  defense,  see  USURY. 

Annotation. 

Assignment  of  chose  in  action  to  one  of 
the  parties  liable  thereon  as  affect- 
ing defenses  and  equities  as  be- 
tween assignee  and  the  other 
party.  1917F,  433. 

Time    for    interposing    defenses    in    equity. 

1917E,  490. 

Validity  of  statute  abolishing.     1917D,  15. 
Who    may    set    up    defense.      1915B,    420; 

1915C,  634;  1916D,  395. 
Right  to  set  up  in  defense  of  liability  on 

contract,  breach  of  collateral  agreement 

by  plaintiff  which  has  not  injured  the 

defendant.     1915A,  271. 
Right  of  agent  of  foreign  corporation  to  de- 
feat action  by  corporation  against  him, 

on   theory   that   corporation    may   not 

maintain  action  in  state  courts.    1916A, 

640. 
Landlord's  breach  of  covenant  as  defense  to 

liability  for  rent.     191 5C,  649. 
Violation  of  law  by  plaintiff.    1916E,  1222 ; 

1917A,  1276. 
Unconstitutionally  of  statute  as  to  other 

persons.       1915D,     458;     1916D,     550; 

1917D,  996. 

Advice  of  counsel.     1915D,  16. 
To    father's    action    for    the    seduction    of 

daughter.    1917D,  273. 
To  liability  of  one  aiding  administrator  in 

misappropriating  assets.    1915C,  518. 
In    mandamus    case.     1915D,    288;    1915E 

774;  1916F,  1033;  1917F,  776. 
In    disbarment    proceedings.      1915A,    663; 

1915D,  1218. 
To  local  improvement  assessment.     1916B 

1027. 

Kind:   name. 

As  to  election  of  remedies,  see  ELECTION  OF 
REMEDIES. 


Effect  of  designating  action  by  wrong  name. 

1917C,  1128,  1176. 
Form  of  action  for   injury  from  operation 

under   statutory  authority  of  garbage 

incinerator.    1917B,  329. 
Civil  or  criminal.     1917B,  113;  1917E,  650. 
At  law  or  in  equity.     1917A,  33li;    1'JITF, 

692. 
Contract  or  tort.    1916F,  501. 

Splitting;  successive  suit*. 

Annotation. 

Damages  sustained  on  account  of  in- 
juries to  one's  self -and  another  at 
the  same  time,  as  constituting  one 
or  more  than  one  cause  of  action. 
1917C,  544. 

Independent  action  by  insurer  against  per- 
son responsible  for  loss  where  the  same 
negligent  act  causes  another  injury  to 
the  same  property  not  covered  by  the 
insurance.  1917C,  487. 

Publications  of  libel  in  different  editions  of 
newspaper  as  distinct  causes  of  action. 
1916A,  1074. 

Separate  action  for  loss  of  rents  caused  by 
permanent  injury  to  the  freehold. 
1916E,  966. 

Successive  actions  for  wrongful  discharge  of 
servant.  1916F,  926. 

Successive  actions  for  damage  to  property 
by  odors  and  deposit  of  ashes,  etc.,  from 
garbage  incinerator  plant.  1917F,  475. 

Successive  suits  for  injuries  from  nuisance. 
1916E,  958,  983,  990. 

Successive  actions  for  injury  by  diversion  of 
water  for  public  water  supply.  1916E, 
981. 

Injuries  by  flooding.     1916E,  958,  962,  990. 

Actions  for  pollution  of  water.    1915A,  369. 

Action  for  personal  injuries.  1916B,  742; 
1916D,  1164. 

Injuries  to  man  and  wife.    1917C,  543. 

Injuries  to  person  and  to  property.  1917C, 
543. 

Joinder. 

Joinder  of  parties,  see  PARTIES. 

Raising  for  first  time  on  appeal  question  ot 
misjoinder.  1915D,  766. 

Joining  claim  for  damages  with  suit  for  in- 
junction. 1915C,  624. 

Joining  counts  at  common  law  and  under 
the  Federal  Employers'  Liability  Act. 
1915C,  33. 

Joining  suit  for  reformation  of  insurance 
policy  with  action  to  recover  amount 
due  thereon.  1917F,  663. 

Joint  suit  by  beneficiaries  of  trust  induced 
by  fraud  to  assign  their  interests. 
1915E,  451. 

Joinder  of  suit  against  owner  of  building 
negligently  constructed  and  against  city 
negligently  permitting  it  to  be  con- 
structed. 1915E,  1069. 

Multifarionsness. 

Multifariousness  of  bill  for  partition. 
1917D,  357. 


ACT  OF  GOD— ADMISSIONS. 


11 


ACT    OF    GOD. 

Presumption  and  burden  of  proof  as  to. 
1915C,  423;  1915D,  547. 

As  ground  for  nonperformance  of  contract. 
1916F,  3;  1917A,  648. 

Effect  on  carrier's  liability.  1915D,  547; 
1916A,  545;  1916D,  974;  1917E,  1011. 

As  excuse  for  failure  of  carrier  .to  return  ex- 
cursionists to  their  homes.  1915C,  477. 

Effect  of,  on  forfeiture  of  recognizance. 
1916E,  595. 

What  constitutes,  within  exception  in  char- 
ter party.  1915C,  423. 

What  constitutes,  -within  meaning  of  proviso 
in  Hours  of  Service  Act.  1915D,  408. 

Flood  as.    1916F,  1289. 


ADAMSON  LAW. 

Validity  of.    1917E,  938. 


ADDITIONAL     INSURANCE. 

Provision  against,  see  INSUBANCE. 


ADDITIONAL  SERVITUDE. 

See  EMINENT  DOMAIN. 


ADEMPTION. 

Of  legacy,  see  WILLS. 


ADJOINING    OWNERS. 

Rights  in  party  wall,  see  PABTY  WAIL. 

Annotations. 

Obstruction  of  view  by  adjoining  own- 

er.     1917C,  1135. 
Duty  as  to  maintenance  and  repair  of 

retaining  wall.  1917F,   683. 

Liability  of  one  who,  in  constructing  build- 
ing close  to  wall  on  adjoining  lot, 
chokes  intervening  space  with  debris, 
for  resulting  injury.  1916D,  764. 

Casting  of  water  from  eaves  over  boundary 
line.  1916A,  689. 

Right  of  one  upon  whose  property  portions 
of  a  retaining  wall  fall  from  adjoining 
property,  to  damages.  1917F,  680. 

Duty  of  successor  in  title  of  one  building  a 
retaining  wall,  upon  removing  lateral 
support  on  an  adjoining  lot,  to  keep  the 
wall  in  repair.  1917F,  680. 

Injunction  to  compel  one  to  repair,  retaining 
wall  to  prevent  its  falling  onto  adjoin- 
ing property.  1917F,  680. 


ADJOURNMENT. 

Of  action,  see  CONTINUANCE  AND  ADJOURN- 
MENT. 

Appointment  of  committee  which  is  to  en-, 
dure  beyond  adjournment  of  legislature. 
1915E,  496. 


ADMINISTRATION. 

Of  decedent's  estate,  see  EXECUTORS  AND  AD- 

MZNISTBATOBS. 


ADMIRALTY. 

In  general. 

Liability  of  marshal  seizing  boat  in  admi- 
ralty proceedings  for  loss  thereof. 
1915A,  193. 

Jurisdiction. 

Annotation. 

Jurisdiction  and  determination  of  suits 
for  adjustment  of  rights  between 
part  oumers  of  ship.  1917 A,  11O8. 

Conflict  of  jurisdiction.    1916A,  436 ;  191 6D, 

935;  1C17F,  671. 
Of  suit  for  adjustments  of  rights  between 

part  owners  of  ship.     1917A,  1100. 
Action  for  death  of  seaman.    1916A,  1149. 
Jurisdiction  to  enforce  rights  of  employee 

under    Workmen's    Compensation    Act. 

1916A,  436;  1916D,  935. 
Extending   state   Workmen's   Compensation 

Act    to    injuries    occurring    on     local 

waters  within  admiralty  jurisdiction  of 

the  United  States.     1916A,  446. 

Practice;  extent  of  relief. 

Annotation. 

May  substantive  law  of  state  be  in- 
voked in  an  action  for  personal  in- 
juries, not  resulting  in  death,  on 
waters  within  the  maritime  juris- 
diction. 1917f,  078. 

Pleading.    1916A,  1149. 


ADMISSION. 

To  school,  see  SCHOOLS. 


ADMISSIONS. 

Estoppel  by,  see  ESTOPPEL. 
As  evidence,  see  EVIDENCE. 
By  pleading  or  failure  to  plead,  see  PLEAD- 
ING. 


12  ADOPTED  STATUTE— ADVERSE  POSSESSION. 

ADOPTED    STATUTE.  ADVERSE    POSSESSION. 


Construction  of,  see  STATUTES. 


ADOPTION. 

Of  Constitution,  see  CONSTITUTIONAL  LAW, 
Of  child,  see  PARENT  AND  CHILD. 
Of  statute,  see  STATUTES. 


ADULT  CHILD. 

Paront's  right  of  action  for  death  of.    1916C, 

964;  1916E,  185,  704. 
Right  of  action  for  death  of  parent.    1916E, 

172. 


ADULTERATION. 

Of  food,  see  FOOD. 


ADULTERY. 

Annotations. 

Of  plaintiff  as  ground  for  relief  from  a 
divorce  decree.  1917B,  464. 

Adultery  of  wife  icith  consent  or  con- 
nivance of  husband  as  justification 
of  abandonment  or  nonsupport  by 
latter.  1917 D,  64O. 

Indictment  for.     J916C,  651. 

Prejudicial  error  in  instructions.  1915F, 
1087. 

Evidence  in  prosecution  for.    1915F,  1087. 

Application  of  statute  providing  for  punish- 
ment of,  to  unmarried  man  having 
illicit  intercourse  with  married  woman. 
L.R.A.1915D,  438. 

Competency  of  husband  to  testify  to  fact  of 
marriage  in  prosecution  of  stranger  for 
commission  of  adultery  with  his  wife. 
1915F,  1087. 

Sufficiency  of  proof  of  adultery  for  a  pe- 
cuniary consideration  to  sustain  action 
for  alienation  of  wife's  affections. 
1917E,  935. 

Of  plaintiff,  as  defense  to  divorce  suit. 
1915E.  07-2. 

Effect  of  adultery  of  wife  with  collusion  of 
husband  to  relieve  him  from  the  duty 
of  supporting  her.  1917D,  639. 


ADVANCES. 

Recovery  of  advances  made  by  automobile 
a«:rnt  under  automobile  distribution 
contract.  19153,  109. 


In  general. 
As  to  remaindermen. 
As  to  public;  highway,  canal  or  tide- 
land. 

Color  of  title. 
Claim;  hostility. 
Extent  and  kind  of  possession. 
Effect;  time  required. 


In  general. 

Of  land  conveyed,  effect  on  validity  of  con- 
veyance, see  CHAMPERTY  AND  MAINTE- 
NANCE. 

Easement  by  prescription,  see  EASEMENTS. 

As  to  limitation  of  actions,  see  LIMITATION 
OF  ACTIONS. 

Notice  of  rights  from  possession  of  land 
generally,  see  NOTICE. 

Right  to  register  title  gained  by  prescrip- 
tion. 1916D,  3. 

AM  to  remaindermen. 

Annotation. 

When  does  possession  under  invalid 
proceedings  for  sale  of  decedent's 
land  to  pay  his  debts  become  ad- 
verse as  to  remaindermen.  1917E, 
1109. 

When  possession  by  purchaser  at  void 
administrator's  sale  becomes  adverse 
against  remaindermen.  1917E,  1103. 

As  to  public;  highway,  canal,  or  tide- 
land. 

Of  railroad  right  of  way.    1916B,  653. 

Color  of  title. 

Unrecorded  deed.     1915B,  1006. 

Claim;  hostility. 

Presumption  that  use  of  portion  of  railroad 
right  of  way  not  needed  for  operation 
of  railroad  is  permissive.  1016B.  053. 

Hostility  of  possession  by  life  tenant  to  re- 
maindermen. 1917E,  1103. 

Extent  and  kind  of  possession. 

Constructive  possession  only.     1917D,  900. 

Cutting  of  timber  from  land,  fencing  it,  and 
erecting  buildings  for  recreation  camp 
which  are  occupied  at  owner's  conven- 
ience. 1916D,  3. 

Effect;  time  required. 

Annotation. 

Possession  of  executor  or  administrator 

as  continuance  of  that  of  ancestor. 

1917C,  147. 

Effect  of  adverse  possession  by  trustee  to 
bar  recovery  on  ground  that  trust  was 
void.  1917C,  937. 

Tacking.    1917C,  143. 


ADVERTISEMENTS— AGRICULTURE. 


13 


ADVERTISEMENTS. 

For  letting  of  public  contracts,  see  CON- 
TRACTS. 

Annotation. 

Prohibiting  or  restricting,  as  interfer- 
ence with  interstate  commerce. 
1917E,  7O1. 

Wrongful  use  of  name  and  likeness  of  per- 
son for  purpose  of.  1915C,  839. 

Right  of  tenant  to  use  walls  of  building  for 
signs.  1915B,  1057. 

Of  liquor,  statute  or  ordinance  forbidding. 
1915E,  640;  1916B,  893;  1917C,  639. 


•*- 


ADVICE  OF  COUNSEL. 

Improper  advice  by  attorney  to  client  as 
ground  for  disbarment.  1916A,  1171. 

As  defense  to  action  for  malicious  prose- 
cution. 1915B,  1179;  1915D,  16. 


AEROPLANES. 

Injury  to  patron  at  fair  by  one  employed  to 
make  aeroplane  flight.    1915E,  469. 

*»» 


AFFECTIONS. 

Alienation   of,   see  ALIENATION   OF  AFFEC- 
TIONS. 


AFFIDAVITS. 

Time  for  objection  that  warrant  for  search 
of  premises  was  not  supported  by  affi- 
davit. 1915D,  330. 

False  swearing  in  affidavit  that  persons  for 
whom  marriage  certificate  is  asked  are 
of  lawful  age.  1916B,  848. 

Presumption  as  to  power  of  notary  of  other 
state  to  take.  1916A,  1167. 

Right  to  bring  misconduct  of  prosecutor  in 
his  address  to  the  jury  before  the  ap- 
pellate court  by  affidavit.  1917F,  646. 

Validity  of  mortgage  foreclosure  sale  made 
after  service  on  sheriff  of  purported  af- 
fidavit of  illegality.  1917B,  513. 

On  motion  for  new  trial.     1915F,  922. 

Libel  by  statements  in  affidavit  for  new 
trial.  1915C,  986. 

Of  juror  to  support  verdict  on  motion  for 
new  trial.  1915D,  569. 

For  service  by  publication.    1917C,  148,  171. 

In  contempt  proceeding.  1917B,  113; 
1917E,  650. 

In  application  for  injunction  against  nui- 
sance. 1917F,  1076. 

In  suit  to  quiet  title.     1916B,  1209. 

As  evidence.  1917B,  113,  1132;  1917E, 
1011. 


AFTER-ACQUIRED    TITLE. 

Estoppel  to  set  up.    1917D,  228. 


AFTER-BORN  CHILDREN. 

Liability  for  injury  to  infant  before  birth. 
1917B,  334. 


AGE. 

Of  alleged  accompli^  as  affecting  necessity 
of  corroboration  of  testimony.  1915E, 
1222. 

Provision  in  devise  contemplating  attain- 
ment of  specified  age  as  rendering  gift 
contingent.  1915C,  993,  1009. 


AGENCY. 

See  PRINCIPAL  AND  AGENT. 
• « » 


AGGRAVATION. 

Of  condition  existing  at  time  of  personal 
injury.     1915D,  834. 


AGISTER. 

Negligence  of,  as  question  for  jury.     1915E, 

590. 
Duty  of  agister  to  furnish  cattle  with  water, 

1915E,  590. 


AGITATOR. 

Libel  by  charging  one  with  being  an  agi- 
tator.    1916D,  587. 


AGRICULTURE. 

As  to  farm  loans,  see  FARM  LOANS. 

Annotations. 

Who  is  a  farm  laborer  within  meaning 
of  Workmen's  Compensation  Act. 
1917D,  147. 

Who  is  a  "farm"  or  "agricultural"  la- 
borer within  statute  giving  lien. 
1917D,  382. 

Effect  upon  state  insolvency  laws  of 
provisions  of  Federal  Bankruptcy 
Act  excepting  farmers  from  invol- 
untary bankruptcy.  1917A,  1O9. 

Property  covered  by  insurance  on 
"farming  utensils."  1917B,  937. 


14 


AGRICULTURE— ALLEYS. 


Liability  of  state  board  of  agriculture  hold- 
ing a  fair,  for  injury  to  patron.  1915E, 
469. 

Personal  liability  of  irembers  of  state  board 
of  agriculture.  1915E,  469;  1915F, 
578. 

Exclusion  of  agricultural  or  horticultural 
organizations  from  operation  of  Federal 
income  tax.  1917D,  414. 

Destruction  of  fruit  trees  affected  by  dis- 
ease. 1917C,  894. 

Involuntary  bankruptcy  proceedings  against 
farmer.  1917A,  105. 

Total  disability  of  farmer  within  meaning 
of  insurance  policy.  1917C,  910. 

Right  of  employees  engaged  in,  to  benefit 
of  Workmen's  Compensation  Act. 
1916E,  626. 

Effect  of  exclusion  of  farm  laborers  from 
operation  of  Workmen's  Compensation 
Act.  1916D.  412;  1917D,  1,  15. 

Who  is  a  farm  laborer  entitled  to  lien. 
1917D,  377. 


AIDING   AND    ABETTING. 

Aiding  and  abetting  forgery.     1916F,  1251. 

Liability  of  powder  company  aiding  negli- 
gent and  illegal  storage  of  dynamite. 
1917F,  021. 

Liability  as  accessory  of  one  aiding  and  as- 
sisting in  false  pretense.  1917E,  797. 


AIR. 

Easement  of.     1915D,  1115;  1917A,  524. 


ALCOHOL. 

Annotation. 

Construction  and  effect  of  provisions 
against  Keeping,  on  insured  prem- 
ises. 1917C,  278. 

Liability  for  act  of  bartender  in  pouring 
alcohol  over  foot  of  guest  and  setting 
fire  thereto.  1916E,  269. 

Injury  to  child  by  denatured  alcohol. 
1915E,  191. 


ALDERMEN. 

Delegation  of  power  to.     1915E,  264. 


ALIENATION. 


Of 


affections,    see    ALIENATION   OF   AFFEC- 

TIONS. 

Suspension  of  power  of,  see  PERPETUITIES. 
Restraints  upon,  see  COVENANTS  AND  Comn- 

TIONS;  WILLS. 

Of  property  by  municipality.     1915A,  1106. 


ALIENATION    OF    AFFECTIONS. 

Annotation. 

May  action  for  alienation  of  affections 
rest  upon  a  breacJi  of  contract  or 
negligent  tort.  1917B,  6SO. 

Effect  of  divorce  decree  to  bar  action  for. 

1915C,  870. 

Evidence  in  action  for.     1915C,  870. 
Sufficiency  of  proof  in  action  for.     1916E, 

1086;    1917F,  !>:},.3. 
Of    wife,    husband's    right    of    action    for. 

1917B,  679. 
Competency  of  wife  who  has  secured  divorce 

as  witness  in   action   by   husband   for 

alienation    of    her    affections.      1910C, 

870;  1917F,  935. 
Of    husband,    wife's    right    of    action    for. 

1915A,  67;  1916E,  1083. 


ALIEN    ENEMIES. 


See  WAB. 


ALIENS. 

As  to  inheritance  by,  or  through,  aliens,  see 

DESCENT  AND  DISTRIBUTION. 
As  to  alien  enemies,  see  WAR. 

Effect  of  woman's  marriage  to  alien  on  her 

citizenship.      1916E,    127. 
Administration  of  estate  of.     1915D,  373; 

1917A,  486. 
Equal    protection     and    privileges    as    to. 

1915B,  151;   1916D,  545,  550. 
Subjecting  alien  lieirs  to  higher  inheritance 

tax  than  domestic  heirs.     1916A,  469; 

1916D,  1127. 
Excluding  aliens  from  privilege  of  securing 

license  as  auctioneer.     1915B,  151. 
Forbidding  employment  of  aliens  on  public 

work.     1916D,  550. 
Requiring  that   SO   per   cent  of   employees 

shall    be    qualified    electors    or    native- 
born  citizens.     1916D,  545. 


ALIMONY. 

See  DIVORCE  AND  SEPARATION. 


ALLEYS. 

Annotation. 

Use  of  private  alley  by  public  as  per- 

missive   or    prescriptive.       1917E, 

723. 


Right  of  abutting  owner  to  close. 
721. 


1917E,. 


ALLUVION— AMUSEMENT. 


15 


ALLUVION. 

Annotation. 

Division,  in  absence  •  of  special  agree- 
ments, of  \cater  front,  alluvion, 
and  flats  between  adjoining  ri- 
parian owners.  1917B,  786. 


ALTERATION     OF    INSTRUMENTS. 
In  general. 

Annotations. 

Addition  of  name  of  attesting  ivitness 

to     instrument    as    an    alteration. 

1917D,   82S. 
"Effect  of  changing  name  of  grantee  in 

deed.     1917JE,  815. 

Estoppel   to   set  up   defense  of   alteration. 

1915A,    166. 

Parol  evidence  to  show.     1916F,  687. 
Alteration   of   warehouse   receipt   by   agent 

by  erasing  his  own  name  and  inserting 

that  of  the  principal.     1916F,  289. 
Changing    name    of    grantee    in    dcod    and 

recording  it  in  the  new  name.     1917E, 

814. 

Bills   and  notes. 

Addition  at  instance  of  maker,  of  name  of  a 
witness  to  the  signature  of  the  surety. 
1917D,  826. 

Indorsement  upon  back  of  note  of  partial 
payment  made  on  the  date  of  the  note 
by  persons  not  appearing  as  parties. 
1916F,  209. 

Making  memorandum  on  note.     1916D,  528. 

Authority  to  fill  blanks.     1916F,  1263. 

Changing  name  of  payee.     1P15A,  166. 

Changing  name  of  month.     1916F,  1263. 


ALTERNATIVE  ALLEGATIONS. 

In  pleading.     1915B,  900. 


ALTERNATIVE   "WRIT. 

Of  mandamus,  sufficiency  of.     1917F,  776. 


AMBIGUITY. 

Parol  evidence  to  explain,  see  EVIDENCE. 

In  statute.  1916D,  435;  1917  A,  1198; 
1917B,  1276. 

Of  demand  for  autopsy  by  insurance  com- 
pany. 1915D,  1199. 


AMENDMENT. 

Of  record  on  appeal,  see  APPEAL  AND  ER- 
EOB. 

Of  Constitution,  see  CONSTITUTIONAL  LAW. 

Of  by-laws  of  insurance  company,  see  IN- 
SURANCE. 

Of  pleading,  generally,  see  PLEADING. 

Of  statute,  see  STATUTES. 

Of  verdict,  see  TRIAL. 

As  affecting  limitation  of  actions.  1916B, 
910;  1!>16D,  316;  1917F,  414. 

Of  municipal  charter.     1917A,  1244. 

Of  corporate  charter.  1915B,  811;  1916A, 
1133. 

Of  execution.     1915A,  706. 

Of  writ  of  mandamus.     1915D,  288. 

Of  writ  generally.     191CD,  220. 

Of  return  to  writ.    1917C,  148. 


AMERICAN    MEDICAL    ASSOCIA- 
TION. 

Delegation  of  power  to.    1917D,  996. 


AMOUNT. 

Of  license  fee,  see  LICENSE. 
Of   judgment.      1915E,    385. 


AMOUNT    IN    CONTROVERSY. 

For    purpose    of    jurisdiction    on    appeal 

1915E,  455;   1917B.  723. 
For     purpose     of     jurisdiction,     generally. 

1917B,  924. 


AMUSEMENT. 

Sunday  amusements,  see  SUNDAY. 

See  also  BATHING  RESORTS;   BOAT  LTVEBY; 

GOLF     COURSE;      MOVING     PICTURES; 

THEATERS. 

Annotations. 

Games  or  amusements  which  are  prop- 
er S'ibjects  for  exercise  of  police 
power.  1917E,  318. 

Municipal  liability  for  injury  from  de- 
fects in  building  used  for  conveni- 
ence or  pleasure  of  its  inhabitants. 
1917E,  695. 

Gift  for,  as  a  charity.    1917D,  1062. 
Amusement    devices    placed    by    lessee    in 

amusement   park    as    fixtures.      1915A, 

654. 
Liability  of  lessor  for  injury  to  patron  at 

place  of  amusement.     1915F,  700. 
Liability  of  owner  of  amusement  park  for 

assault    by    police    constable.      1916E, 

356. 


18 


AMUSEMENT— ANIMALS. 


Liability  of  fair  association  for  death  of 
patron  by  negligence  of  concessionaire. 
1915C,  632. 

Liability  of  state  board  of  agriculture  hold- 
ing a  fair,  for  injury  to  patron.  1915E, 
469. 

Injury  to  person  at  swimming  pool  while 
diving.  1915F,  689. 


ANCILLARY  ADMINISTRATION. 

See  EXECUTORS  AND  ADMINISTBATOBS. 


ANCILLARY    RECEIVERS. 

See  RECETVEBS. 


ANESTHETIC. 

Death  of  insured  from  poisoning  by.   1916E, 
1203. 


ANIMALS. 

In  general. 

Injury  to,  or  killing  of. 

Liability  for  injuries  by. 

—  in  general. 

—  dogs. 

—  running  at  large. 
Animals  with  infections  diseases. 
Cruelty  to. 


In  general. 

As  to  agisters,  see  AGISTERS. 

As  to  trailing  of  criminal  with  bloodhounds, 

see  BLOODHOUNDS. 
Transportation  of,  see  CARRIEBS. 
Constitutionality  of  regulations  as  to,  see 

CONSTITUTIONAL  LAW. 
As  to  game,  see  GAME  AND  GAME  LAWS. 
Fright  of,  generally,  see  FRIGHT. 
Fright  of,  by  noise  of  railroad  train,  see 

RAILBOADS. 

Annotations. 

Keeping  of  pigs  as  nuisance.     1917C, 

212. 
Duty    of   seller    to    disclose   defect   in. 

1917C,   619. 
Implied  warranty  of  fitness  of  animate 

fold  for  slaughter.     1917D,  823. 
Liability  for  death  of,  or  injury  to,  one 

attempting     to     stop     a     runaway 

horse.     1917C,   1O83. 

Larceny  of.    1915E,  848 :  1916E,  768. 

Measure  of  damages  for  conversion  of 
1915B,  291. 

Payment  of  board  furnished  to,  as  con- 
dition precedent  to  action  to  recover 
possession.  1916B,  748. 


Priority  between  chattel  mortgage  on  horses 
and  lien  for  their  board.  1916B,  748. 

Priority  of  lien  of  mortgage  on  animals  over 
claim  of  o  :e  taking  them  damage  fea- 
sant.  1916E,  524. 

Change  of  location  of  insured  animals. 
1915B,  361. 

Breach  of  warranty  on  sale  of  stallion. 
1915B,  1216. 

Liability  for  false  pretenses  in  selling. 
1916C,  1101. 

Duty  of  seller  to  disclose  defects  in.  1917C, 
617. 

Implied  warranty  of  fitness  on  sale  of  ani- 
mal to  be  slaughtered  for  food.  1917D, 
822. 

Drought  as  excuse  for  nonperformance  of 
contract  to  furnish  pasture.  1917A, 
648. 

Nuisance  consisting  of  hog  ranch  and 
garbage  assembled  to  feed  the  hogs. 
1917E,  1007. 

Keeping  of  pigs  as  nuisance.    1917C,  211. 

Voluntarily  incurring  risk  in  attempting  to 
stop  runaway  horse.  1917C,  1080. 

Forbidding  keeping  under  herd  of  calves  un- 
der certain  age  unaccompanied  by  their 
mothers.  1915B,  213;  1917 A,  1185. 

Injury  to,  or  killing  of. 

Injury  on  railroad  track,  see  RAILROADS. 

Annotations. 

Implied    warranty    of    fitness    of    food 

sold  for.     1917F,  475. 
Liability  for  unintentionally  killing  or 

injuring  unlicensed  dogs.     1917F, 

435. 

Proximate  cause  of  injury  to.     1917C,  983. 

Measure  of  damages  for.     1917C,  983. 

Injury  resulting  from  fright.     1917C,  983. 

Injury  on  tracks  of  interurban  railroad. 
1917E,  767. 

Injury  to,  through  failure  to  maintain  suf- 
ficient fences.  1915D,  1074. 

Liability  of  bailee  for  destruction  of,  by 
fire.  1915B,  295. 

Recovery  for  injury,  by  excessive  driving, 
to  horse  let  on  Sunday  contrary  to 
statute.  1915F,  644. 

Injury  to,  through  negligence  in  sale  of 
food  for.  1916B,  1104;  191 7F,  475. 

Liability  of  seller  for  damage  to,  by  im- 
proper medicine.  1916B,  1104. 

Necessity  of  knowledge  by  owner  of  vicious 
propensities  of  dog  to  justify  another 
in  killing  it  to  protect  his  own  animals 
1915E,  372. 

Statute  authorizing  killing  of  dog  worrying 
or  chasing  any  domestic  animal.  1915C, 
359. 

Unlicensed  dog  running  at  large.  1917F, 
434. 

Liability   for   injuries  by. 
—  in  general. 

Annotation. 

Contributory  negligence  of  children  in- 
jured by.  1917F,  93. 


ANIMALS— ANTI-HOG-CHOLERA  SERUM. 


17 


Liability    of    city    for    injury    by.      1915E, 

448;    1917A,  399. 
Liability  of  one  harboring  dangerous  animal 

for  damage  inflicted  by  it.     1917E,  516. 
Liability  of  carrier  for'  injury  by  live  stock 

escaping  from  cars.     1915D,  563. 
Liability  of  master  for  injuries  to  servant 

by  vicious  horse.     1915B,  433. 
Assumption   by   servant  of   risk   of   injury 

from  horse.     1915B,  433;   1916D,  1229. 
Liability  for  injury  by  stock  to  land  which 

it  reaches  because  of  railroad's  failure 

to  fence  tracks.     1916E,  446. 

—  dogs. 

Annotations. 

Who  is  keeper  or  harborer  of  dogs. 
1917E,  520. 

Contributory  negligence  of  children  in- 
jured by.  1917F,  92. 

Finding    of    facts    in    action    for    injury. 

1916E,  710. 
Sufficiency    of    proof    of    identity    of    dog. 

1916D,  1032. 
Evidence  as  to  character  of  dog  in  action  for 

injury.    1916E,  710. 
Statute  making  owner  of  dog  liable  in  case 

it  injures  another  person  while  out  of 

the  inclosure  of  the  owner.    1916E,  710. 
Liability  of  person  harboring.    1915A,  500; 

1917E,  516. 
Liability    of   husband    for   injury   by   dogs 

harbored  by  wife.     3  915 A,  500. 
Liability  of  corporation  for  injuries  by  dog 

kept   in   its   plant   with   knowledge   of 

agent  in  charge  thereof.    1917E,  516. 
Strict  accountability,  of  one  beeping  vicious 

dog  for  protection  of  life  and  property. 

1916D,  1032. 
Negligence    in    keeping    vicious,  unfastened 

dog    in    a    duplex    flat;    injury   to   one 

opening    door    of    owner    by    mistake. 

1916C,  344. 
Knowledge   of  vicious   disposition.      1916C, 

344;   1916D,  1032. 

—  running  at   large. 

Liability  of  city  for  injuries  by  animal  al- 
lowed to  run  at  large  in  violation  of 
ordinance.  1915E,  448. 

Priority  of  lien  of  chattel  mortgage  over 
claim  of  one  taking  animals  damage 
feasant  under  statute  prohibiting  their 
running  at  large.  1916E,  524. 

Animals    -with    infections    diseases. 

Liability  of  cattle  inspector  for  injury  to 
animal  during  inspection.  1915B,  1013. 

Statute  as  to  sale  of  anti-hog-cholera  serum. 
1916F,  136. 

Crnelty  to. 

Forbidding  sale  or  exchange  of  animal  un- 
fit for  labor.  1916A,  950. 


ANNEXATION. 

To  city,  see  MUNICIPAL  CORPORATIONS. 
L.R.A.  Tri.  Index  1915-17.— 2. 


ANNUITIES. 

Annotation. 

Testamentary   annuity   as   payable   out 
of  corpus  or  income.     1917E,  58O. 

Question  whether  annuity  is  a  charge  upon 

both  the  corpus  and  income  of  the  estate 

(      or  upon  the  income  only.     1917E,  578. 


ANNULMENT. 
Of  marriage,  see  MARRIAGE. 


ANSWER. 


See  PLEADING. 


ANTECEDENT    DEBT. 

See  PBE-EXISTING  DEBT. 


ANTENUPTIAL  CONTRACT. 

See  HUSBAND  AND  WIFE. 


ANTI-ALIEN    LABOR   LAW. 

Validity  of.     1916D,  545,  550. 

Suit   to   restrain   enforcement  of   anti-alien 

labor  law  as  a  suit  against  the  state. 

1916D,  545. 


ANTICIPATED    INJURY. 

Injunction  to  prevent.  •   191 6A,   739. 


ANTICIPATORY    BREACH. 

Annotation. 

Damages  for  anticipatory  breach  of 
contract  as  provable  claim  in 
bankruptcy.  1917B,  585. 

Filing  of  involuntary  petition  in  bankruptcy 

as   an   anticipatory  breach  of  contract 

by  bankrupt.     1917B,  580. 
Of  contract;  damages  for,  as  provable  claim 

in  bankruptcy.     1917B,  580. 
Of  executory  contract  of  purchase  and  sale. 

1915E,  *851. 


ANTI-HOG-CHOLERA  SERUM. 

Validity    of     statute    regulating    sale    of. 
1916F,  136. 


18 


ANTI-TRUST  LAW— APPEAL  AND  ERROR. 


ANTI-TRUST     LAW. 


Combination  in  violation  of,  see  MONOPOLY 
AND  COMBINATIONS. 


APARTMENT     HOUSES. 

As  violation  of  covenant  limiting  use  of  lot 

to  dwelling  house.     1915F,  651. 
Lien  upon  baggage  or  furniture  of  tenants. 

1915F,  664. 
Statute  requiring  fire  escapes  and  fireproof 

stairways.    1917C,  1146. 
Negligence  as1  to  elevator  in.     1915E,  721; 

1917E,  696. 


APPEAL.    AND    ERROR. 

In  general. 

Right  of  appeal;  what  cases  review- 
able. 

—  in  general. 

—  finality  of  decision. 

—  criminal  cases. 
Jurisdiction  of  particular  courts. 

—  of    Supreme     Court    of    United 

States. 

—  of  state  courts. 
Transfer  of  cause;  parties. 

—  right  to  transfer. 

—  effect;     subsequent    proceedings 

in  court  below. 

—  parties. 

—  mode;   conditions. 

—  citation;  notice;  appearance. 

—  time. 

—  security. 

Record  and  case  in  appellate  court. 

—  in  general. 

—  what  should  be  shown  by. 

—  amending;  perfecting. 

—  evidence. 

—  abstracts. 

—  case  made;  statements. 

—  bill  of  exceptions. 

—  assignments  of  error. 

—  briefs. 

Objections  and  exceptions;  raising 
questions  in  lower  court. 

—  definiteness;   sufficiency. 

—  necessity  for  exceptions. 

—  time  for  exceptions. 

—  raising   questions  by  motion   or 

other  mode. 

Preliminary  motions;  dismissal; 
abatement;  abandonment. 

—  in  general. 

—  grounds  for  dismissal. 
Hearing  and  determination  generally; 

rules  of  decision. 

Who  may  complain. 

Evidence  on  appeal;  amendments; 
trial  de  novo. 

Presumptions. 

What    reviewable    generally. 

Decisions  in  favor  of  party,  or  not  af- 
fecting him. 


Objections    as    to    which    party    is    es- 
topped. 

—  in  general. 

—  by  requesting  or  obtaining  rul- 

ing or  decision. 
Interlocutory     matters;     orders,     etc., 

not  appealed  from. 
Discretionary  matters. 

—  in  general;  costs;  contempt. 

—  continuance  or  adjournment. 

—  as   to   pleadings;   indictment. 

—  as  to  evidence;  witnesses;  phys- 

ical  examination. 

—  injunction. 

—  conduct  of  trial;  jury. 

—  vacation  or  suspension  of  judg- 

ment or  verdict;  new  trial. 
Questions  not  raised  below. 

—  in  general. 

—  causes  of  action  or  defense;  new 

theories. 

—  as  to  pleadings,  indictments,  etc. 

—  as  to  evidence;  witnesses;  vari- 

ance. 

—  as  to  instructions. 

—  as  to  judgment,  verdict,  etc. 
Errors  waived   or  cured  below. 

—  in  general. 

—  as  to  pleadings. 

—  as  to  evidence. 

—  as  to  instructions. 

—  taking  case  from  jury. 
Review  of  facts. 

—  in  general. 

—  of  verdict. 

—  of  findings  of  court. 

—  of  findings  by  referee,  etc. 
What  errors  warrant  reversal. 

—  in  general. 

—  as  to  pleadings. 

—  as  to  evidence. 

—  as  to  instructions. 

—  argument  or  remarks  of  counsel. 

—  remarks  or  conduct  of  judge. 

—  as  to  jury;  conduct  of  trial. 

—  as  to  findings,  verdict,  or  judg- 

ment. 
Judgment. 

—  in  general. 

—  rendering  modified  judgment. 

—  remanding;  granting  new  trial. 

—  costs;  interest. 

—  effect    of    decision;    subsequent 

proceedings. 
Rehearing. 
Liability  on  appeal  bond. 


In  general. 

For  certified  questions,  see  CASES  CERTIFIED. 

In  eminent  domain  proceedings,  see  EMI- 
NENT DOMAIN. 

From  justice's  judgment,  see  JUSTICE  OF 
THE  PEACE. 

As  to  bill  of  review,  see  REVIEW. 

Annotation. 

Possibility  of  appeal  from  dismissal 
of  garnishment  or  attachment  as 
affecting  right  to  withhold  property 
from  debtor.  1917B,  591. 


APPEAL  AND  ERROR. 


19 


From  tax  assessment.     1915C,  380.' 

Right  of  one  seized  on  body  execution  to 
bail  pending  appeal.  1915E,  340. 

Right  to  release  pending-  appeal  on  taking 
pauper's  oath.  1916F,  103. 

Effect  of  stay  of  judgment  pending  appeal 
to  extend  period  allowed  for  revival. 
191 6E,  735. 

Necessity  of,  to  review  objections  to  local 
assessment.  1915D,  772. 

What  constitutes  authorization,  by  one  ulti- 
mately liable  for  injury,  of  appeal  by 
one  against  whom  action  is  brought. 
191.5F,  598. 

Parol  evidence  of  condition  attached  to  note 
given  for  money  advanced  to  pay  ex- 
penses of  appeal.  1917C,  300. 

Effect  of  right  of  appeal  upon  plaintiff's 
right  to  dismiss  the  action.  1917C, 
130. 

KtlVct  of  possibility  of  appeal  from  dismis- 
sal of  garnishment  of  bank  deposit. 
1917B,  588. 

Effect  of  failure  to  plead  pardon  on  appeal 
from  conviction.  1917B,  567. 

Right  of  appeal;  what  cases  review- 
able. 

—  in  general. 

Denial  to  employer  of  right  to  appeal  from 

findings  of  industrial  commission  fixing 

minimum  wage.    1917C,  944. 
Writ  of  error  to  review  canvass  of  primary 

election  returns.     1917B,  723. 
Appeal    from   decision    in   primary   election 

contest.     1917B,  723. 
Appealability  of  action  for  slander.     1915E, 

455. 

—  finality  of  decision. 

Finality  of  judgment  in  suit  for  modifi- 
cation of  prior  decree.  1915A,  699. 

Finality  of  injunction  order.     1917B,  1296. 

Probate  decrees.     1915D,  754,  856. 

Order  allowing  alimony  pendente  lite. 
1917C,  89. 

Judgment  as  to  state's  right  to  preference 
in  assets  of  insolvent  bank.  1916C,  1. 

—  criminal    cases. 

Constitutional  provision  that  appellate  di- 
vision may  allow  appeal  upon  any 
question  which  in  its  opinion  ought  to 
be  reviewed  by  the  court  of  appeals. 
1915D,  223. 

Right  of  state  to  appeal.  1915F,  1093; 
1917F,  985. 

Jurisdiction  of  particular  courts. 

—  of  Supreme  Court  of  United  States. 

Over  state  courts.  1915A.  771,  1090;  1915C, 
1,  572:  1916F,  919;  1917B,  580;  1917F, 
1148. 

—  of  state  courts. 

Jurisdiction  of  appeal  to  test  jurisdiction 
of  recorder's  coirt  of  a  municipality. 
1916A,  1228. 

Over  constitutional  questions;  validity  of 
statutes.  1916B,  1143. 


Amount  necessarv  for  jurisdiction.  1915E, 
455;  19176/723. 

Transfer  of  cause;  parties. 

—  right  to  transfer. 

Who  entitled  to.    1917B,  1043;  1917E,  1. 
How  lost  or  waived.     1916E,  892. 

—  effect;     subsequent     proceedings     in 

court  below. 

Annotations. 

Effect  of  pardon  granted  pending  ap- 
peal. 1917B,  57O. 

Effect  of  appeal  or  right  of  appeal  upon 
plaintiff's  right  to  dismiss  action. 
1917C,  133. 

Effect    of,    on     time    for    bringing    action. 

1916B.  1272. 
Effect  of  filing  of  supersedeas  bond  to  extend 

time  for  revival  of  judgment.     1916E, 

735. 

Effect  of  appeal  or  supersedeas  bond  to  sus- 
pend judgment  ousting  persons  from 

office.     1915E,  401. 
Effect   of   supersedeas   bond   executed   after 

erroneous    judgment    has   been    carried 

into   effect   by    sale   of   property,   upon 

such  sale.     19]  7C,  1176. 
Duty  to  pav  alimony  pending  appeal  from 

'decree/  1915B,  1071;  1915E,  567. 
Right    to    allow    alimony    and    suit    money 

after     perfection     of     appeal.       1916F, 

]257. 
Validity  of  pardon  granted  pending  appeal. 

1917B,  567. 

—  parties. 

Necessary  parties  defendant.    1917D,  666. 

—  mode;  conditions. 

Right  of  receiver  who  brin~s  action  to  ap- 
peal from  adverse  decision  without  per- 
mission of  court.  1915D,  802. 

—  citation;  notice;  appearance. 

Sufficiency  of  notice.     1915B,  287;   1916B, 

1069. 
Return.     1915C,  1. 

—  time. 

Setting  aside  judgment  after  time  for  ap- 
peal has  elapsed.  3916E,  303. 

Statutory  provision  as  to  time  for  appeal 
by  insurance  company.  1917C,  1029. 

Implied  repeal  of  statute  as  to  time  for  ap- 
peal. 1917C,  1029. 

—  security. 

Right  to  devolutive  appeal  without  bond. 
1917E,  756. 

Giving  of  single  bond  on  appeal  from  judg- 
ment in  consolidated  actions.  1915B, 
396. 

Record  and  case  in  appellate  court. 

—  in  general. 

Dismissal  of  appeal  for  insufficiency  of  rec- 
ord. 1917B,  329. 


20 


APPEAL  AND  ERROR. 


Sufficiency  of  record  to  show  impaneling  of 

valid  jury.     1917A,  1226. 
Sufficiency   of   record  to  show   plea  of   res 

judicata.     1916D,  220. 

—  what  should  be  shown  by. 

Necessity  that  error  in  argument  be  shown 
by  record  on  appeal.  1915C,  747. 

—  amending;  perfecting. 

Motion  by  plaintiff  to  make  an  oral  motion 
for  nonsuit  a  part  of  the  record;  where 
plaintiff  would  not  be  benefited  there- 
by. 1917D,  809. 

Amendment  of  cross  petition  in  error. 
1917E,  921. 

Treating  petition  in  action  by  broker  for 
commissions  as  amended  where  evidence 
shows  that  name  of  purchaser  was  other 
than  that  stated  in  the  petition.  1917E, 
1036. 

Filing  supplemental  record  to  show  entry  of 
judgment  nunc  pro  tune.  1917F,  1. 

—  evidence. 

Right  to  reverse  judgment  for  refusal  to 
give  affirmative  charge  if  the  evidence 
is  not  all  in  the  record.  1915E,  372; 
1916F,  1130. 

Striking  out  evidence.    1916E,  1264. 

—  abstracts. 

Failure  to  serve  abstract  and  argument  on 
one  of  the  appellees.  1916D,  1127. 

Dismissal  of  appeal  to  question  a  ruling 
properly  abstracted  because  of  failure 
to  furnish  abstract  on  other  questions. 
1916C,  817. 

—  case  made;  statements. 

Necessity  of  statement  of  the  case.     19]  5D, 

754.' 
Striking  statement  from  the  record.    1917B, 

319. 
Loss  of  case  made  in  mail,  as  ground  for 

new  trial.    1917B,  1073. 
Necessity    of    incorporating    improper     re- 
marks of  prosecuting  attorney  into  the 

case  made.     1915A,  1088. 
Time  for  presenting  statement  of  facts  to 

trial  court.     1915A,  572. 
Order  extending  time  for  serving  case  made 

after    expiration    of    statutory    period. 

1917E,  359. 

—  bill  of  exceptions. 

Necessity    for.      1915A,    572;    1915F,    551; 

1916C,  1275;   1916E,  1264:  1917F,  646. 
Bill  showing   two  offers   of  proof   of  what 

should  have  been  included  in  one  offer; 

construction.    1917D,  408. 
Refusal  to  consider  exceptions  not  noted  in 

the  bill  of  exceptions.     1917F,  974. 
Signing  and  sealing  of.     1915F,  922. 

—  assignments   of   error. 

Sufficiency  of  assignment  of  error  to  admis- 
sion of  evidence.  1916E,  420. 

Sufficiency  of  assignment  of  error  to  exclu- 
sion "of  evidence.  1917D,  980. 

Cross  errors.    1915B.  287  :  1917E,  1. 

Amendment  of  cross  petition  in  error. 
1917E,  921. 


—  briefs. 

Effect  of  failure  of  defendant  in  error  to 
file  a  brief.  1915B,  221. 

Supplemental  brief  filed  after  submission  of 
cause.  1917C,  469. 

Duty  to  point  out  errors  and  support  con- 
tention with  argument  and  authority. 
1917E,  668. 

Striking  brief  from  files  for  vituperative 
language.  1916A,  771. 

Objections  and  exceptions;  raising 
questions  in  lower  court. 

—  denniteness;  sufficiency. 

Sufficiency  to  raise  question  of  sufficiency  of 

indictment.     1916D,  767. 
Sufficiency  of  objection  to  pleading.    1915A, 

120. 
To  admission  of  evidence.     1915E,  202,  991; 

1915F,  558;  1916A,  ]079,  1240;  1916C, 

351,    1214;    1916F,    382;    1917 A,    740; 

1917B,  1143. 

To  instructions.     1915B,  415;   1915F,  1087. 
To-  findings  or  conclusions  of  court.    1916E, 

506. 
As  to  probable  cause,  in  action  for  malicious 

prosecution.     1915D,   1. 

—  necessity  for  exceptions. 

Right  to  review  ruling  where  no  exception 
was  taken  to  it  as  required  by  statute. 
1916B,  1117. 

To  admission  of  evidence.     1915 A,  491. 

To  instructions.     1917F,  1307. 

To  language  of  counsel.     10] 5D,  621. 

To  question  of  trial  court  indicating  opin- 
ion of  guilt  of  defendant.  1917C,  89. 

—  time  for  exceptions. 

Necessity  of  making  objection  for  insuf- 
ficiency of  evidence  before  submission 
of  the  case.  1917F,  974. 

For  objections  to  instructions.     1915D,  621. 

Objection  that  insane  plaintiff  cannot  sue 
by  next  friend.  1917A,  299. 

Objection  to  instructions  given.  1917A, 
1226. 

Refusal  of  instructions.     1917A,  1226. 

—  raising     questions     by     motion     or 

other  mode. 

Presenting  question  of  wrongful  direction  of 
verdict  or  of  error  in  instructions  by 
mere  certification  of  the  evidence  and 
charge  of  the  court.  .19150,  319. 

Motion  for  new  trial.  1915A,  120;  1915F, 
922;  1916A,  1240;  1917A,  1194. 

Preliminary  motions;  dismissal; 
abatement;  abandonment. 

—  in  general. 

Annotation. 

Right  of  appellant  to  dismiss  appeal  or 
writ  of  error.  19 17 A,  113. 

Dismissal  of  appeal  from  commissione  -s  to 
court  in  eminent  domain  proceedings. 
1916E,  420. 


APPEAL  AND  ERROR. 


21 


Right  of  one  who  has  appealed  from  order 
granting  new  trial  to  dismiss  appeal 
and  proceed  with  new- trial.  1917A,  111. 

Abandonment  of  appeal.  1915A,  839; 
1915F,  726. 

—  grounds  for  dismissal. 

Annotation. 

Dismissal  of  appeal  or  error  "by  one 
joint  defendant  for  nonjoinder  of 
other  defendant  in  whose  favor 
judgment  below  was  rendered. 
1917D,  676. 

Dismissal  of  appeal  by  defendant  from  judg- 
ment in  plaintiff's  favor  upon  affirm- 
ance of  order  granting  new  trial  to 
plaintiff  because  of  allowance  of  a 
counterclaim.  1916C,  491. 

Voluntary  payment  and  satisfaction  of 
judgment  after  appeal.  1917A,  1157. 

Irregularities  in  papers  or  proceedings. 
1915B,  396;  1917B,  329. 

Hearing  and  determination  generally; 
rnles  of  decision. 

Liberal  construction  of  complaint  first  at- 
tacked in  appellate  court.  1915A,  120. 

Construing  instructions  as  a  whole.  1917F, 
1107. 

Moot  questions.     1916C,  338. 

Who   may  complain. 

Right  of  party  whose  motion  for  a  new  trial 
has  been  granted  to  have  rulings  ad- 
verse to  him  on  the  trial  reviewed  on 
his  cross  appeal.  1915B,  287. 

Evidence  on  appeal;  amendments; 
trial  de  novo. 

Judicial  notice  by  appellate  court,  see  EVI- 
DENCE. 

Ignoring     evidence     erroneously     admitted. 

1917B,  1245. 
Trial  de  novo.     1916A,  493. 

Presumptions. 

On  appeal  from  rulings  of  Workmen's  Com- 
pensation Commission.  1916A,  295,  321. 

As  to  sufficiency  of  evidence.     1917C,  1190. 

As  to  instructions.     1915E,  991. 

As  to  rulings  on  demurrer.     1915E,  465. 

As  to  findings  or  verdict.  1916C,  589; 
1916F,  1021. 

What  reviewaljle  generally. 

Extent  of  review  on  appeal  from  decision 
under  Workmen's  Compensation  Act, 
see  WORKMEN'S  COMPENSATION. 

On  appeal  from  allowance  of  damages  under 
Federal  Employers'  Liability  Act. 
1916C,  817. 

On  appeal  from  refusal  to  modify  prior  de- 
cree directing  sale  by  receiver.  1915A, 
699. 

Consideration  of  mere  assertions  of  error  in 
briefs  of  counsel.  1917E,  668. 

Issues  not  raised  by  pleadings  or  passed 
upon  by  the  trial  court.  1915E,  794. 


Decisions  in  favor  of  party,  or  not 
affecting  him. 

Right  of  party  to  complain  of  instruction 
favorable  to  him.  1916B,  622;  1917B, 
350. 

Right  of  defendant  in  criminal  case  to  com- 
plain of  instruction  which  was  prejudi- 
cial to  the  state.  1917E,  668. 

Objections  as  to  which  party  i*  es- 
topped. 

—  in   general. 

Right  of  one  who  makes  no  attempt  to 
prove  a  branch  of  his  case  at  the  trial 
to  complain  of  failure  of  the  court  to 
consider  it.  1916E,  1175. 

Right  of  one  invoking  jurisdiction  of  equity 
in  controversy  belonging  exclusively  to 
court  of  law,  to  raise  question  of  juris- 
diction on  appeal.  1916B,  799. 

Right  to  complain  of  instructions  in  accord- 
ance with  stipulations  at  trial.  1916A, 
744. 

Contending  on  appeal  that  evidence  does  not 
show  a  fact  admitted  on  the  trial. 
1917E,  797. 

—  by   requesting   or    obtaining   ruling 

or  decision. 

Right  to  complain  of  submission  ol  question 
to  jury  made  at  complainant's  sug- 
gestion. 1915F,  977. 

As  to  pleadings.    1916E,  618. 

Evidence.     1915A,  120. 

Instructions.     1915F,  13;  1917B,  350. 

Interlocutory  matters;  orders,  etc., 
not  appealed  from. 

Right  to  review  validity  of  judgment  upon 
which  litigation  depends  where  no  ap- 
peal was  taken  from  the  ruling  of  the 
trial  judge  upon  the  attack  made  upon 
it.  1915C,  581. 

Effect  of  appeal  from  judgment  refusing 
second  new  trial  to  bring  up  for  review 
order  granting  the  first  new  trial. 
1915D,  621. 

Review  of  rulings  on  exceptions  to  a  mas- 
ter's report  not  appealed  from.  1917F 
755 

Pleadings.     1916C,  1275. 

Discretionary  matters. 

—  in  general;  costs;  contempt.  i 

Review  of  discretion  in  refusing  specific  per- 
formance of  contract.  1917F,  594. 

Reduction  of  verdict  by  the  trial  court. 
1916C,  964.  - 

Discretion  as  to  cost  bond.     1917D,  365. 

—  continuance  or  adjournment. 

General    rule   as   to.      1915A,    120;    1917A, 

1226. 
Refusal  of  continuance  on  ground  of  absence 

of  nonresident  witness.     1915A,  120. 

—  as  to  pleadings;  indictment. 

Reiusal  of  motion  to  have  entire  answer 
stricken  out  where  part  of  it  is  respon- 
sive. 1915E,  991. 


22 


APPEAL  AND  ERROR. 


Amendments.  1915A,  731;  1915D,  766; 
1915F,  648;  1917E,  490. 

—  as  to  evidence;  witnesses;   physical 

examination. 

Admission  of  evidence.    1915B,  1179. 
View  by  jury.     1915F,  558. 
Exclusion  of  evidence.     1917 A,  501;  1917C, 
89;  1917E,  258. 

—  injunction. 

Preliminary  injunction.  1915F,  1012,  1107; 
1916D,  136. 

—  conduct  of  trial;  jury. 

Severance  of  proceedings  to  oust  several  in- 
cumbents from  office.  1916D,  1090. 

Interference  with  trial  judge  in  discharge 
of  duty  over  trial  jurors.  1916E,  1264. 

Order  of  proof.    1915D,  1021. 

Reopening  case.     1915E,  1047. 

Submitting  special  issues  to.  jury.  1916D, 
144. 

Time  allowed  for  argument  of  case.  1917B, 
738. 

—  vacation  or  suspension  of  judgment 

or  verdict;  new  trial. 

Setting  aside  verdict.    1916D,  569. 

New  trial.    1915B,  353;  1915D,  621;  1916C, 

491,   566,   1155;    1916D,    1179;    1916E, 

100. 
Vacation  of  judgment.    1916F,  837;  1917B, 

984. 

Questions  not  raised  below. 

—  in  general. 

Objection  that  search  warrant  was  not  sup- 
ported by  affidavit  as  required  by  stat- 
ute. 1915D,  330. 

—  causes    of    action    or    defense;    new 

theories. 

Annotation. 

May  Statute  of  Frauds  be  raised  for 
first  time  on  appeal  where,  under 
the  pleadings,  it  might  have  been 
raised  below.  1917B,  1O71. 

Rule  that  same  cause  of  action  must  be  pre- 
sented and  tried  on  appeal  that  was 
tried  in  the  court  below.  1917F,  1096. 

Adding  of  issuable  fact  in  the  appellate 
court.  1917F,  1096. 

Sustaining  verdict  for  plaintiff  in  action  for 
alienation  of  affections  where  proof 
shows  merely  criminal  conversation, 
which  was  not  relied  upon  at  trial. 
1917F,  935. 

Action  for  personal  injuries.  1915A,  363; 
1915F,  888. 

In  proceeding  to  foreclose  railroad  mort- 
gage; question  as  to  stockholder's  lia- 
bility. 1916F,  1067. 

Right  of  defendant  in  action  to  recover 
stipulated  damages  to  raise  on  appeal 
question  of  general  damages.  1916E, 
1175. 


Right  to  complain  of  rule  of  damages  in  ac- 
cordance with  theory  upon  which  case 
was  tried.  1916E,  983. 

Raising,  for  first  time,  on  appeal  question 
of  right  of  carrier  to  waive  failure  to 
give  notice  of  claim.  1917C,  433. 

Raising  on  appeal  defense  to  forfeiture  of 
oil  and  gas  lease  where  forfeiture  had 
been  denied  in  trial  court.  101713, 
1184. 

Raising  question  of  Statute  of  Frauds  for 
first  time  on  appeal.  1917B,  1061. 

Objection  that  corporation  had  not  paid 
license  fee.  1916A,  588. 

Right  to  recover  on  quantum  meruit.  1916E, 
788. 

Defense  of  estoppel.     1917A,  685. 

Defense  of  laches.     1917A,  685. 

Breach   of   covenant.      1916E,   901. 

—  as   to  pleadings,  indictments,   etc. 

Complaint,  declaration,  or  petition.    1915D, 

766;  1916D.  836. 
Reply.  1915E,  1047. 
Indictment.  1915D,  229. 

—  as  to  evidence;  witnesses;  variance. 

Admission  of  evidence.     1915A,  564;  1915C, 

1163. 

Failure  of  proof.     1915E,  519. 
Variance.     1915C,  17;   1915D,  632. 

—  as  to  instructions. 

Duty  of  one  dissatisfied  with  instruction  to 
present  request  for  instructions  in  ac- 
cordance with  his  views.  1915E,  294. 

—  as  to  judgment,  verdict,   etc. 

Form  or  amount  of  award  in  workmen's 
compensation  case.  1916F,  957. 

Errors  waived  or  cured  below. 

—  in  general. 

Effect  of  appearance  to  waive  defects,  see 
APPEARANCE. 

On  appeal  from  justice's  judgment.  1916B, 
686. 

Submitting  to  compromise  judgment  as 
waiver  of  error.  1917A,  1017. 

Effect  of  failure  to  request  instructions  to 
preclude  one  from  raising  the  objection 
that  he  was  not  guilty  of  the  offense 
charged.  1917D,  944. 

Waiver  of  taking  of  view  in  other  state  by 
failure  to  except  to  grant  of  motion  for 
taking  of  such  view.  1917F,  974. 

Waiver  of  objection  to  making  experiments 
at  view  by  failure  to  object  until  the 
decree  is  entered.  1917F,  974. 

Failure  to  ask  for  new  trial.     1915D,  1077. 

—  as   to   pleadings. 

Error  in  refusing  to  require  government  to 
elect  in  proceeding  for  contempt. 
1917C,  485. 

Complaint,  declaration  or  petition.  1915C, 
367. 

Plea  or  answer.     191 6D,  777. 

Demurrer.     1916C,   752. 


APPEAL  AND  ERROR. 


23 


—  as  to  evidence. 

Admission  of  evidence.     1915C,  619. 
Exclusion  of  evidence.     1915C,  460;   1916C, 

1001. 
Striking  out  evidence.     1917D,  1049. 

—  as   to   instructions. 

By  other  instructions.     1915E,  294,  1215. 
By  verdict.     1916B,  622;  1917A,  1194. 

—  taking  case   from  jnry. 

Directing  verdict.  1916F,  1220;  1917D, 
1049;  1917F,  1107. 

Review  of  facts. 

—  in  general. 

Review  of  findings  in  workmen's  compen- 
sation case,  see  WORKMEN'S  COMPENSA- 
TION. 

Review  of  findings  of  fact  by  Federal  Su- 
preme Court  on  writ  of  error  to  state 
court.  1917F,  1148. 

Giving  findings  construction  which  will  sup- 
port judgment.  1917D,  549. 

—  of  verdict. 

Instances  of  excessive  damages,  see  DAM- 
AGES. 

Where  the  evidence  reasonably  tends  to  sup- 
port the  verdict  or  there  is  a  sub- 
stantial conflict  of  evidence.  1915A, 
153;  1915B,  279,  364;  1915C,  531; 
1915E,  959,  1215;  1916B,  1184;  1916C, 
803,  1208;  1916D,  1176;  1916F,  548; 
1917A,  415. 

Where  the  verdict  is  clearly  wrong,  or  there 
is  no  evidence  to  support  it.  1916D, 
1280;  1916F.  869;  1917F,  540. 

Sufficiency  of  evidence  to  sustain.  1917E, 
975. 

Sufficiency  of  evidence  of  fraud  to  overthrow 
verdict  of  the  jury.  1915C,  3179. 

Peremptory  instructions.     1917B,  919. 

Finding  as  to  proximate  cause.     1915E,  959. 

Finding  as  to  good  faith.     3  91 6 A,  669. 

In  action  on  note.    1916D,  1280. 

Insurance  cases.     1915C,  1179;   1916 A,  669. 

Xegligence  cases.  3916D,  618;  1916F,  1110; 
1917C,  507. 

Criminal  cases.     1915A,  1078. 

As  to  damages  and  values.  1915A,  120, 
491;  1915C,  39;  1915D,  292,  611; 
1916C,  348,  808;  1917A,  1194;  1917C, 
507;  1917D,  214. 

—  of  findings  of  court. 

Findings  by  court  sitting  as  jury.     1916C, 

707. 
Review  of  evidence  on  appeal  from  directed 

verdict.      1916C,    1001. 
Findings   based   on    tangible    and    sufficient 

evidence.     1916E.  1165:  1917B,  1043. 
Finding  as  to  validity  of  claim  to  fund  in 

condemnation  case.     1917A,  685. 
Firiding  as  to  existence  of  contract  in  action 

to  enjoin  breach.     1917B,  267. 
Ruling    sustaining    service    of    process    on 

record  and  affidavits  presented.     1917C, 

148. 


Finding  of  absence  of  consideration  in 
promissory  note.  1917C,  1005. 

Finding  that  road  is  a  regularly  laid  out 
highway.  1915E,  751. 

Finding  that  fare  paid  by  interstate  passen- 
ger was  less  than  amount  due  under 
published  rates.  1915E,  665. 

Finding  as  to  recognition  of  illegitimate 
children.  1916E,  664. 

Of  judgment  as  to  custody  of  children. 
1915B,  154. 

Disbarment  of  attorney.     191 5A,  663. 

In  action  of  assumpsit.     1915A,  881. 

Authority  of  agent.     1916B,  856. 

Fraud;  good  faith.     1915A,  675. 

Findings  of  fact  by  trial  judge  in  work- 
men's compensation  case.  1916C,  1203; 
1917A,  76. 

Review  of  findings  of  fact  in  equity.  1915B, 
475;  1917D,  361. 

—  of  findings  by  referee,  etc. 

Review  of  findings  in  workmen's  compensa- 
tion case,  see  WORKMEN'S  COMPENSA- 
TION. 

Review  of  findings  of  master  where  evidence 
is  not  reported.  1916C,  218. 

Findings  of  master  consistent  with  the  other 
findings  and  with  the  evidence  set  out. 
1917E,  389. 

What  errors  warrant  reversal. 

—  in  general. 

Reversal  of  judgment  of  appellate  court  in 
which  action  was  tried  de  novo  because 
of  errors  of  nisi  prius  court.  1916B, 
1117. 

Error  not  materiallv  affecting  result  of  pros- 
ecution. 1917E,  797. 

Criminal  cases.     1915B,  103. 

—  as  to  pleadings. 

In  action  to  rescind  a  contract  or  to  re- 
cover damages.  1915A,  675. 

Refusal  of  trial  court  to  permit  filing  of 
plea  of  res  judicata  in  action  of  as- 
sumpsit. 19i6D,  220. 

Failure  to  attach  exhibit  to  complaint. 
1915F,  711. 

Failure  to  plead  estoppel.     1915A,  288. 

Amendments.     1915A,  328. 

Striking  out.  1915B,  678;  1915C,  319; 
1915E,  991. 

Rulings  on  demurrer.  1916C,  767;  1916D, 
761;  1917F,  380. 

Criminal  cases.     1915B,  83;  1917C,  610. 

—  as  to  evidence. 

Right  of  insurance  company  to  complain  on 
appeal  of  court's  refusal  to  compel  pro- 
duction of  evidence  by  plaintiff  where 
company  itself  had  previously  pro- 
duced such  evidence.  1917E,  983. 

Error  in  admission  generally.  1915A,  742; 
1916D,  777;  1917D,  666*;  1917E,  539. 

Evidence  of  mental  distress  of  plaintiff  in 
action  for  personal  injury.  1916D, 
1035. 

Evidence  of  insurance  on  life  of  person  for 
whose  death  action  is  brought.  1915E, 
1201. 


24 


APPEAL  AND  ERROR. 


Exhibition  of   infant  to  jury   in  bastardy 

proceedings.     1917B,  1143. 
In   action   against   landlord   for   injury   to 

third    person    by    defect    in    premises. 

1916F,  1110. 
In  action   under  Workmen's  Compensation 

Act.    1916E,  1201. 

In  action  for  injury  to  property  by  nui- 
sance. 1916E,  983. 

In  eminent  domain  proceeding.  1916E,  420. 
Criminal  cases.  1915B,  389;  1915A,  1078. 
Immaterial  admitted  or  uncontroverted 

facts.     1915A,  153,  1078;   1915B,  608; 

1915D,    305;     1915E,    131;     1915F,    3; 

1199;  1916A,  1190;  1916D,  644;  1916E, 

743. 
Facts     otherwise     proved.       1916C,     1214; 

1916F,  687;    1917F,   104C. 
Witnesses    and   their   examination.     1915D, 

1199;  1916A,  1190;  1916D,  644;  1916E, 

420. 

Error  cured  by  other  evidence.  1915E,  1201. 
Error  in  admission  cured  by  instruction, 

verdict,  etc.     1917A,  365. 
Erroneous     exclusion.       1915A,    232,     742; 

1915C,  813,  1163;   1915D,  972;   1915F, 

977;    1916B,    764;    1916D,    739,    1176; 

1916E,   763;    1916F,   209,   939;    1917E, 

539;  1917F,  475. 

—  as  to  instructions. 

Correctness  as  a  whole  of  instruction, 
portion  of  which  considered  alone  is  in- 
sufficient. 1916F,  1237. 

Considering  charge  to  jury  as  a  whole; 
technical  defects.  1917A,  501. 

Inconsistency  in  instructions.    1917C,  1066. 

Inapplicable  instructions-,  failure  to  com- 
plain of.  191 6A,  565. 

Refusal  to  reverse  for  errors  not  causing 
miscarriage  of  justice.  1917C,  89. 

Serious  misdirection  on  material  issue. 
1916B,  695. 

Assuming  existence  of  injury  in  action  for 
personal  injuries.  1915D,  83. 

As  to  duty  of  street  car  company  to  employ 
men  of  experience  and  ability  to  oper- 
ate cars.  1917D,  214. 

As  to  negligence  of  street  car  operator. 
1917D,  214. 

Negligence  of  master.    1917E,  242. 

As  to  duty  to  keep  lookout  for  animals  on 
railroad  track.  1915F,  127. 

As  to  contributory  negligence  of  person 
killed  by  automobile.  1917D,  690. 

As  -to  contributory  negligence  of  person 
falling  down  elevator  shaft.  1915E, 
721. 

As  to  probable  cause  for  arrest.     1915D,  1. 

As  to  dependency  of  beneficiary  of  benefit 
certificate.  1916B,  901. 

Using  permissive  instead  of  imperative  lan- 
guage in  instruction  as  to  elements  of 
damages.  1916C,  808. 

As  to  damages  on  revival,  after  plaintiff's 
death,  of  action  for  personal  injuries. 
1915E, 1141. 

As  to  damages  for  delay  in  transportation; 
decline  in  market  value.  1917A,  193. 


Instruction  as  to  punishment  practically  in 
the  language  of  a  statute  which  fixes 
the  maximum  punishment  but  fails  to 
provide  a  definite  minimum.  1917E, 
1129. 

As  to  right  of  jury  to  recommend  punish- 
ment in  homicide  case.  1916D,  590. 

As  to  insanity  of  accused.    1916D,  519,  590. 

Instructing  jury  not  to  count  witnesses. 
1917E,  767. 

Singling  out  testimony  of  particular  wit- 
ness and  attempting  to  state  rule  for 
determining  its  weight.  1915C,  627. 

As  to  interest  and  appearance  of  witness. 
1915E,  721. 

Failure  or  refusal  to  instruct.  1915A,  1078 ; 
1915E,  413,  1031;  1917A,  306;  1917E, 
726;  1917F,  502. 

—  argument   or  remarks   of  counsel. 
Improper     remarks     of     county     attorney. 

1917F,  210. 

Where  verdict  was  not  affected  by  miscon- 
duct. 1916D,  395. 

Effect  of  instructions  by  court  to  disregard 
remarks.  1915 A,  153;  1917B,  984. 

Harmlessness  of,  where  only  question  open 
was  amount  of  damages.  1917D,  694. 

Asking  witnesses  who  were  with  plaintiff 
at  time  of  accident  whether  defendant 
had  settled  with  them.  1917D,  549. 

Reference  by  counsel  in  contempt  proceed- 
ings for  nonpayment  of  alimony,  to- 
defendant's  duty  to  support  his  wife 
and  child.  1917C,  89. 

Stating  that  victim  of  confidence  game  haa 
been  reduced  to  poverty.  1917E,  797. 

Statement  that  accused  was  living  an  im- 
moral life.  1915A,  809. 

In  suit  against  police  officer  for  false  im- 
prisonment. 1915D,  621. 

—  remarks  or  conduct  of  judge. 

Annotation. 

Admonishing    or    warning    witness    b;/ 

judge  in  criminal  case  as  ground  of 

reversal.     1917E,  859. 

Harmlessness  of,  where  only  question  open 
was  amount  of  damages.  1917D,  694. 

Threat  to  punish  counsel  for  contempt  for 
making  proper  objections.  1917D,  199. 

Direction  to  defendant  on  witness  stand  to 
answer  questions  of  prosecutor  by  yes 
or  no,  and  not  to  be  dodging.  1917E, 
857. 

Assumption  by  trial  judge  of  burden  of 
cross-examining  accused.  1916A,  1190. 

Statement  in  sustaining  objection  to  ques- 
tion, that  it  implies  something  that  is- 
not  of  record.  1916D,  590. 

Statement  of  judge  that  he  did  not  see  how 
witness  could  have  answered  in  any 
other  way.  1916E,  420. 

—  as  to  jury;  conduct  of  trial. 

Annotations. 

Effect  of  failure  to  swear  jury.  1917D, 
399. 


APPEAL  AND  ERROR. 


25 


J)elegati<tn  of  power  to  receive  verdict 
in  criminal  case.  1911E,  1O9O. 

Misconduct  of  jurors  as  ground  for  new 
trial,  see  NEW  TRIAL. 

Refusal  by  court  of  request  to  have  stenog- 
rapher take  down  statements  made  by 
prosecuting  attorney  during  his  argu- 
ment. 1915A,  1088. 

Forcing  parties  to  action  to  trial  on  the 
day  that  the  issues  of  fact  were  joined. 
1915D,  551. 

Overruling  application  requesting  judge  to 
disqualify.  1915F,  766. 

Refusal  to  compel  election  between  counts. 
1916D,  462. 

Overruling  challenge  for  cause  to  jurors. 
1916D,  590. 

Addressing  jury  during  adjournment  in  ab- 
sence of  accused.  1917C,  610. 

Permitting  jury  to  separate.     1916B,  963. 

Taking  exhibits  into  jury  room.  2915C, 
315. 

Speaking  of  juror  to  sheriff  during  recess. 
1917F,  210. 

Drinking  of  intoxicating  liquors  by  jurors. 
1916C,  315. 

Dining  of  counsel  in  case  at  same  table  as 
juror.  1915F,  3. 

Refusal  to  submit  special  interrogatories  to 
the  jury.  1915E,  294. 

Submission  of  issues.  1915E,  294;  11.16A, 
295;  1916B,  1111;  1917B,  684. 

Directing  verdict.    1917B,  1245;  1917E,  715. 

—  as  to  findings,  verdict,  or  judgment. 
Immaterial    or    technical     errors.       1916C, 

1208;   1916D,  436. 
Sufficiency  of  evidence  to  justify  reversal. 

1917A,  685. 
Findings   of  court   in   equity  cause  outside 

of  pleadings  and  proof.     1915C,  367. 
Insufficiency  of  verdict  or  findings.     1915A, 

862;  1915E,  991. 
Form  of  judgment  in  replevin  suit.     1915 A, 

421. 
Amount;  measure  of  damages.     1915E,  294; 

1916C,  589;  1917A,  394;  1917B,  924. 
Refusal   on   appeal   by   plaintiff   to  disturb 

judgment   for  nominal   damages   where 

he   was   not   entitled   to   any    damages. 

1917F,  206. 
Wrong  reasons  for  decision.    1917B,  676. 

Judgment. 

—  in  general. 

Effect  of  reversal  of  conviction  on  former 
jeopardy.  1917E,  1085. 

Reversal  of  judgment  of  dismissal  improp- 
erly rendered  on  motion  for  judgment 
non  obstante  veredicto.  1917A,  1194. 

Dismissal  of  petition  without  new  trial. 
1915D,  215. 

Dismissal  of  suit  to  quiet  title.    1916A,  493. 

Judgment  for  plaintiff  upon  reversal  of 
"judgment  for  defendant.  1915C,  704; 
1916E,  618. 


Reversal  of  judgment  with  directions  to 
enter  judgment  in  favor  of  other  party. 
1916D,  1280;  1917F,  167. 

Permitting  defendant  in  suit  for  unfair 
competition  to  market  goods  manu- 
factured after  denial  of  preliminary  in- 
junction by  trial  court  where  injunc- 
tion is  granted  by  appellate  court. 
1915F,  1107. 

—  rendering  modified  judgment. 
Affirming  in   part   and  reversing   in   part. 

1917A,  336;  1917.C,  433;  1917D,  440. 
Power  of  appellate  court  to  allow  alimony, 

suit  money,  and  attorney's  fees.    1915A, 

1044;    1915B,  1071. 
Remittitur.     1915E,  1141;   1916E,  420. 

—  remanding;  granting  new  trial. 

Necessity  of  remanding  to  lower  court  to 
pass  on  all  errors  alleged  in  a  petition 
in  error.  1917E,  279. 

Directions  to  trial  court.  1915B,  353; 
1916D,  1280;  1917F,  167. 

Sending  criminal  case  back  for  proper  sen- 
tence where  sentence  imposed  is  below 
legal  minimum.  1915B,  71. 

Eomanding  case  to  appellate  division  for 
consideration  upon  the  facts,  in  case  of 
erroneous  dismissal  of  complaint  for 
failure  to  state  a  cause  of  action  by  ap- 
pellate division,  after  verdict  in  plain- 
tiff's favor  in  trial  court.  1915F,  700. 

New  trial  for  failure  of  trial  court  to  define 
or  outline  the  issues  of  fact.  1915B, 
1179. 

Refusal  of  new  trial  except  for  fundamental 
error  where  guilt  of  appellant  is  clearly 
established.  1917F,  210. 

Limiting  issues  on  grant  of  new  trial. 
1915C,  1183;  1915E,  239;  1915F,  723. 

—  costs;  interest. 

Right  of  plaintiff  to  recover  costs  where  he 
secures  reversal  of  ruling  sustaining 
demurrer  to  complaint,  though  order 
dissolving  a  preliminary  injunction 
sought  by  him  is  affirmed.  1915C,  624. 

Liability  of  contractor  undertaking  to  in- 
demnify injuries  due  to  his  negligence 
for  costs  of  appeal  in  suit  for  injuries. 
191 5F,  598. 

Liability  of  insurer  against  employer's  lia- 
bility for  expenses  of  successful  ap- 
peal from  judgment  against  insured. 
K_5A,  629. 

Requiring  benefit  society  successful  in  ap- 
peal from  injunction  against  raising 
rates,  to  pay  costs.  1916A,  750. 

Taxing  costs  of  appeal  against  one  who 
secures  reversal  of  judgment  for  lack 
of  jurisdiction  which  he  invoked. 
1916B,  799. 

Taxing  cost  of  appeal  against  appellee  be- 
cause of  modification  of  the  decree  by 
appellate  court.  1915B,  1052. 

Cost  of  transcript,  brief,  etc.     1916B,  751. 


26 


APPEAL  AND  ERROR— APPROPRIATIONS. 


—  effect  of  decision;  subsequent  pro- 
ceedings. 

Annotations. 

Reversal  of  judgment  on  appeal  or 
error  by  one  joint  defendant  as  af- 
fecting other  joint  defendant  in 
if  hose  favor  judgment  below  was 
rendered.  1917D,  674. 

Measure  of  restitution  where  property 
is  sold  under  a  judgment  or  order 
subsequently  reversed  without  in- 
tervening supersedeas  or  stay. 
1917C,  1179. 

Effect  of  judgment  of   reversal   on  appeal 

taken  by  one  only  of  several  codefend- 

ants.     1917D,  666. 
Subsequent  proceedings  in  trial  court  upon 

award   of  new   trial  upon   question    of 

damages  only.     191 5E,  239. 
On  later  appeal.     1915D,  817;    1915F,  13; 

1916A,   519;    1916C,   803;    1917D,   666, 

802;    1917E.   539. 
Restitution.    1917C,  1176. 

Rehearing. 

Power  of  municipality  to  employ  attorneys 
to  obtain  reversal  of  decision  denying 
exclusive  right  of  municipality  to  li- 
cense sale  of  liquors  within  its  limits. 
1917D,  237. 

Duty  to  state  grounds  for,  briefly  and  con- 
cisely and  separately  from  argument. 
1915D,  772. 

What  will  be  considered.     1916E,  1153. 

Liability  on  appeal  bond. 

Annotation. 

Effect  of  insertion  of  unauthorized  pro- 
vision in  appeal  bond.  1917B, 
992. 

Effect  of  abandonment  of  appeal  on  lia.bil- 
ity  upon  bond.  1915A,  839. 


APPEARANCE. 

Necessity  of,  to  valid  judgment,  see  JUDG- 
MENT. 

Effect  of  appearance  of  state  bank  commis- 
sioner to  make  the  state  a  party  to  the 
action.  1915F,  623. 

What  constitutes;  sufficiency.  1916E,  298; 
1916F,  583;  1917E,  1152. 

Effect  to  give  jurisdiction.  1915D,  838; 
1917D,  666. 

As  waiver  of  process,  defects  or  objections 
1916E,  1079;  1917C,  148;  1917D,  G66. 


APPELLATE    COURT. 

In  general,  see  APPEAL  AND  ERROR. 
Original  jurisdiction  of.     1917B,  710. 


APPLIANCES. 

Master's  duty  as  to,  see  MASTER  AND  SERV- 
ANT. 


APPLICATION. 

Of  deposit,  see  BANKS. 

For  insurance,  see  INSURANCE. 

Of  payment,  see  PAYMENTS. 


APPOINTMENT. 

Of  personal  representative,  see  EXECUTORS 

'   AND  ADMINISTRATORS. 
Of  judge,  see  JUDGES. 
To  office,  see  OFFICERS. 
Of  receiver,  see  RECEIVERS. 
Power  of,  see  POWERS. 


Of   committee   for   insam 
581. 


persons.     1915C, 


APPORTIONMENT. 

Of  damages,  see  DAMAGES. 
Of  loss  between  insurers,  see  INSURANCE. 
Of  street  improvement  assessments,  sea  PUB- 
LIC IMPBOVEMENTS. 


APPRAISAL. 

Of  insurance  loss,  see  INSURANCE. 

Annotation. 

Specific  performance  of  provisions  for 
appraisal  of  property  preliminary 
to  exercise  of  option.  1917C,  813. 

Of  property  seized  under  execution.  1916E, 
1140. 


APPROPRIATION. 

Of  water,  see  WATFRS. 


APPROPRIATIONS. 

For  what  purposes  appropriation  of  public 
money  is  allowed,  see  PUBLIC  MONEYS. 

Annotation. 

Necessity  and  sufficiency  of  reference 
in  title  of  statute  to  appropriations 
to  put  its  purpose  into  effect. 
1917B,  S12. 

Mandamus  to  compel  appropriation.    1915E, 

858. 


APPROPRIATIONS— ARREST  OF  JUDGMENT. 


27 


Necessity  of.     19] 5E,  496. 

Sufficiency;  failure  to  state  amount. 
1917F,  770. 

Confining  bill  for,  to  subject  of.  1917A, 
495. 

Statute  making  appropriation  for  longer 
time  than  the  Constitution  allows. 
1917A,  495. 

Sufficiency  of  reference  in  title  of  statute  to 
appropriation  to  carry  act  into  effect. 
1917B,  808. 

Effact  of  invalidity  of  provision  for  appro- 
priation to  carry  statute  into  effect  to 
nullify  remainder  of  the  act.  1917B, 
808. 


APPROVAL. 

Of  verdict  by  the  court.     1915F,  6. 


APPURTENANCES. 

Easement  as,  see  EASEMENTS. 


ARBITRATION. 

Of  insurance  loss,  see  INSURANCE. 

As  to  references  generally,  see  REFERENCE. 


ARCHITECT. 

Right  to  mechanic's  lien.     1915D,  204. 


AREAWAY. 

In  highway.     1916B,  927. 


ARGUMENT. 

Of  counsel,  see  APPEAL  AND  ERROR;  TRIAL. 
-  •»•»  -  * 

ARMS. 
Carrylrg  of,  see  CARRYING  WEAPONS. 


ARMY    AND    NAVY. 
As  to  militia,  see  MILITIA. 

Annotation. 

Right  of  minor  unlawfully  enlisted  in 
the  arm  i/  or  nary  to  discharge 
upon  habeas  corpus  from  custody 
of  court-martial  under  charge  of 
desertion  or  fraudulent  enlistment. 
1917D,  1059. 


Application  to  National  Guard  of  provision 
against  enlistment  of  person  under  18. 
1917D,  1056. 

Right  to  punish  for  desertion  a  person  un- 
der age  who  after  attempting  to  enlist 
returns  to  his  home.  1917D,  1053. 

Habeas  corpus  to  secure  release  of  minor 
who  enlisted  without  consent  of  parents 
contrary  to  statute.  1917D,  1056. 


ARREST. 

In  general. 

Of  passenger,  see  CARRIERS. 
Civil  liability  for  making,  see  FALSE  IM- 
PRISONMENT. 
Of  judgment,  see  ARREST  OF  JUDGMENT. 

Killing  of  insured,  while  resisting  arrest. 
1917E,  311. 

Injunction  against  repeated  arrests  under 
unconstitutional  statutes.  1916C,  261. 

Of  leaders  of  insurrection  by  officers  of 
militia  called  out  to  suppress  insur- 
rection. 1915B,  988. 

Failure  to  pay  check  as  proximate  cause  of 
arrest  of  drawer  on  charge  of  issuing 
check  with  intent  to  defraud.  1916A, 
1220. 

For  crime. 

—  in   general. 

Right  of  innocent  person  arrested  through 
mistake  to  have  the  record  of  the 
arrest  canceled  or  destroyed.  1917E, 
774. 

Authority  of  fish  warden  to  arrest.  1915F, 
1031. 

—  without    warrant. 

Annotations. 

Arrest  without  \carrant  of  woman  so- 
liciting or  accosting  men.  1917D, 
697. 

Right  to  have  record  of  arrest  can- 
celed. 1917E,  777. 

Question  for  jury  as  to  whether  officer  had 
warrant  when  making  arrest.  1915B, 
505. 

Evidence  in  justification  of.     1917D,  694. 

Right  of  police  officer  to  arrest  without 
warrant  one  making  an  assault  upon 
him.  1917E,  311. 

Effect  of  fact  that  person  had  a  jail  record 
and  on  former  occasions  had  violated 
ordinances.  1917D,  694. 

Conviction  of  person  charged  with  an  of- 
fenso  as  justification  for  his  wrongful 
arrest  without  warrant.  1917D,  694. 

For  misdemeanor  not  committed  in  pres- 
ence of  officer  arresting.  1916F,  1247. 

Of  woman  accosting  man.    1917D,  694. 


ARREST  OF  JUDGMENT. 

Motion  in  arrest  of  judgment.     1915B,  83: 
1916B,  1117;  1916C,  1134;   1916H,  767. 


28 


ARSON— ASSAULT  AND  BATTERY. 


ARSON. 

Indictment  for.     1915D,  229. 

Expert  testimony  in  prosecution  for. 
1915D,  229. 

Evidence  of  trailing  of  accused  with  blood- 
hounds. 1916D,  1295. 

Evidence  of  other  fires  in  prosecution  for. 
191 5D,  229;  1915A,  809. 

Relevancv  of  evidence  generally  in  prose- 
cution for.  1915D,  229. 

Prejudicial  error  in  remarks  of  prosecuting 
attorney.  1915A,  809. 

Effect  of  absence  of  proof  of  corpus  r'elicti. 
1916D,  1295. 


ARTERIAL    SCLEROSIS. 

Effect  of  existence  of,  on  recovery  for  in- 
jury under  Workmen's  Compensation 
Act.  1916D,  1277. 


ARTICLES  OF  INCORPORATION. 

See  CORPORATIONS. 

+  »  » 

ARTISAN'S  LIEN. 

Priority  of.  1915D,  1141,  1146,  1149. 


ASPHYXIATION. 

Annotation. 

Death  of  insured  from.     1917D,   740. 

Death  of  insured  from.    1917D,  738. 


ASSAULT   AND    BATTERY. 

In  general. 
Justification;   defenses. 


In  general. 

On  passenger,  see  CARRIERS. 

Measure  of  damages  for,  see  DAMAGES. 

Assault  with  intent  to  rape,  see  RAPE. 

Annotations. 

Provision  in  insurance  policy  against 
liability  in  event  of  death  or  injury 
in  consequence  of  violation  of  laiv 
as  applied  to  death  or  injury  re- 
sulting from  a  personal  encounter. 
1917C,  199. 

Taking  liberties  u-ith  u-oman  as  an  as- 
sault. 1917  A,  142. 

Negligent  operation  of  automobile. 
1917D,  950. 


Right  of  police  officer  to  arrest  without  war- 
rant one  making  an  assault  upon  him. 
1917E,  311. 

Death  or  injury  of  insured  while  engaged  in. 
1915E,  127;  1917C,  195;  1917E,  311. 

Right  to  instruction  on  simple  assault  in 
prosecution  for  mayhem.  1916E,  492. 

Recovery  for,  under  Workmen's  Compensa- 
tion Act.  1916A,  304,  306;  1916D,  968, 
970;  1916F,  957;  1917E,  847. 

On  witness  as  contempt.     1915D,  509. 

On  juror  as  contempt.     1916D,  1190. 

Evidence  in  action  for.  1915A.  491;  1915E, 
812;  1916A,  1240;  1916C,  358;  1916D, 
810;  1916E,  896. 

Inconsistency  of  defenses  pleaded  in  action 
for.  1916C,  358. 

Abatement  of  action  for,  by  death  of 
assailant.  1916A,  1140. 

By  striking  employees  upon  emplovees  con- 
tinuing at  work.  1916C,  218.  * 

Liability  of  master  for  assault  by  servant. 
1916C,  1200,  1203;  1916E,  1151;  1917E, 
741. 

Liability  of  constable  on  his  bond  for  as- 
saulting and  arresting  an  innocent  per- 
son. 1917F,  1134. 

Liability  of  treasurer  on  hu  bond  for  as- 
sault committed  by  deputy.  1916D, 
278. 

Municipal  liability  for  assault  by  police 
officer.  1915E,  460. 

Liability  of  husband  for  assault  by  wife. 
1915A,  491. 

Husband  as  proper  party  defendant  in  ac- 
tion against  wife  for  assault.  1915A, 
491. 

Right  of  woman  to  sue  husband  for.  1916B, 
907. 

Effect  of  assault  on  right  subsequently  to 
kill  in  self-defense.  1915F,  656;  1916B, 
924. 

Conviction  for  use  of  abusive  words  as  bar 
to  prosecution  for  assault  and  battcrv. 
1917A,  140. 

Conviction  of  assault  and  battery  as  bar 
to  prosecution  for  assault  with  intent 
to  commit  rape.  1917A,  661. 

Assault  in  taking  hold  of  woman  with  re- 
quest to  kiss  her.  1917A,  140. 

Conviction  of  assault  with  intent  to  inflict 
bodily  injury  of  one  striking  another 
in  a  highway  with  automobile.  1917D, 
944. 

Striking  horse  driven  by  another  so  that 
driver  is  injured.  1915E,  812. 

In  retaking  property  sold  conditionally. 
1915F,  673. 

Justification;    defenses. 

Burden  of  proving  justification  for.  191GC, 
358. 

Contributory  negligence  of  plaintiff.  191 5E, 
812. 

Mutual  combat.     1915C,  893. 

Indecent  and  insulting  language.  1916E, 
896. 

Protection  of  property  from  wrongful  at- 
tachment. 1916B,  955. 


ASSENT— ASSIGNMENT. 


29 


ASSENT. 

Estoppel  by,  see  ESTOPPEL. 

Presumption  and  burden  of  proof  as  to,  see 

EVIDENCE. 
See  also  CONSENT. 


ASSESSMENTS. 

For  drains  and  sewers,  see  DRAINS  AND 
SEWERS. 

For  insurance,  see  INSURANCE. 

For  public  improvements,  see  PUBLIC  IM- 
PROVEMENTS. 

Of  tax,  see  TAXES. 


ASSETS. 

Of  bankrupt,  see  BANKRUPTCY. 
Of   decedent's   estate,    see   EXECUTORS    AND 
ADMINISTRATORS. 


ASSIGNMENT. 

In  general;  validity. 

Equitable    assignment. 

Rights  and  liabilities  of  parties. 


In  general;  validity. 

For  creditors,  see  ASSIGNMENT  FOR  CREDI- 
TORS. 

Of  negotiable  paper,  see  BILLS  AND  NOTES. 
Of  corporate  stock,  see  CORPORATIONS. 
Of  expectancy,  see  EXPECTANCIES. 
Of  insurance  policy,  see  INSURANCE. 
Of  judgment,   see  JUDGMENT. 
Of  lease,  see  LANDLORD  AND  TENANT. 
Of  mortgage,  see  MORTGAGE. 

Annotations. 

Right    to     transfer    -privilege     to    use 

streets  for  telegraph,  telephone,  or 

other        quasi        public        purpose. 

1917D,   707. 
Assignment   or  release  of  the  right  to 

third    persons'     services.       1917F, 

84:2. 

Effect  of  words  of  assignment  added  to  in- 
dorsement. 1917A,  1165. 

Check  as  an  assignment.  1915C,  531; 
1916A,  711. 

Constitutionality  of  statute  as  to.  1915B, 
191. 

Who  may  question  validity  of  assignment. 
1916D,  395. 

Validitv  of  assignment  as  against  garnish- 
ment. 1916D,  361. 

Assignment  of  proceeds  of  contract  due  and 
to  become  due;  necessitv  of  registra- 
tion. 1916D,  361. 


Right  of  agent  to  transfer  his  powers  to 

a     corporation      organized      by     him. 

1916F,  88. 
Release  by  baseball  club  of  services  of  ball 

player  under  contract  with  it  to  enter 

club.     1917F,  841. 
Of  franchise  of  telephone  company  to  use 

streets.     1917F,  1178. 
Of  future  wages.     191 5B,  191. 
Of  unearned  pay  of  officers.     1916E,  618. 

Eqnitable   assignment. 

Effect  of  draft  on  bank  with  which  col- 
lateral has  been  deposited  to  meet  over- 
drafts to  work  assignment  of  an  in- 
terest in  the  collateral  sufficient  to  meet 
the  draft.  1916C,  12. 

Rights  and  liabilities  of  parties. 

Rights  of  assignee  of  negotiable  paper,  see 
BILLS  AND  NOTES. 

Rights  of  transferees  of  corporate  stock,  see 
CORPORATIONS. 

Rights  of  assignee  of  insurance  policy,  see 
INSURANCE. 

Parties  to  assignment  of  lease,  see  LAND- 
LORD AND  TENANT. 

Annotations. 

Who  may  take  advantage  of  failure  to 
file  assignment  of  a  building  con- 
tract or  of  the  money  due  thereun- 
der. 1917F,  1127. 

Assignment  of  chose  in  action  to  one  of 
the  parties  liable  thereon  as  affect- 
ing defenses  and  equities  as  be- 
tween the  assignee  and  the  other 
party.  1917F,  4=4:3. 

Set-off  against  judgment  in  hands  of 
assignee.  1917F,  10 1O. 

Who  may  take  advantage  of  failure  of  con- 
tractor to  file  assignment  of  funds  due 
under  his  contract.  1917F,  1123. 

Claim  good  in  hands  of  assignor  as  equal- 
ly free  from  defenses  in  hands  of  his 
assignee.  1917E,  440. 

Effect  of  garnishment  on  rights  of  prior 
assignee.  1915E,  1017;  1916E,  79. 

Assignee  of  wages  or  salary.  1915E,  1017; 
1916D,  267;  1916E,  247. 

Priority  between  assignees.  1915E,  1017; 
1916E,  79. 

Rights  of  assignee  of  expectancy  of  one  who 
predeceases  his  ancestor,  as  against 
heirs  of  grantor.  1917C,  266. 

Necessity  that  one  seeking  to  recover  against 
alleged  assignee  of  lease  should  prove 
assignment  and  transfer  of  the  lease  to 
the  defendant.  1917E,  975. 

Enforcing  covenant  for  renewal  of  lease 
against  assignees  of  the  reversion. 
1916E,  1227. 

Injunction  against  assignee  of  oil  and  gas 
lease.  1915E,  570. 

Rights  of  bank  clerk  who  paid  check  after 
notice  to  stop  payment  and  who  has 
taken  an  assignment  of  the  bank's 
rights  as  against  drawer.  1916F,  826. 


30 


ASSIGNMENT— ASSUMPSIT. 


Right  of  carrier  which  has  innocently  con- 
verted wheat  the  bill  of  lading  for 
which  incorrectly  named  the  consignors 
?nd  consignee,  after  paying  the  claim 
of  the  owner  and  taking  an  assignment 
of  the  wheat  and  of  the  cause  of  ac- 
tion, to  assert  owner's  claim  against 
the  consignee  named  in  the  bill  of  lad- 
ing and  the  one  to  whom  he  sold  the 
wheat.  1917F,  440. 


ASSIGNMENT     FOR     CREDITORS. 

In  general. 

Construction  and  effect  of  assign- 
ment. 

Assignee  or  trnstee. 

Rights,  duties,  and  liabilities  of  cred- 
itors; priority  and  release  of 
claims. 


In  general. 

As  to  bankruptcy  matters,  see  BANKRUPTCY. 
As  to  insolvency  generally,  see  INSOLVENCY. 
As  to  receiver,  see  RECEIVERS. 

Validity  of  mortgage  on  future  crops  as 
against  assignment  by  mortgagor  for 
benefit  of  creditors.  1917C,  1. 

Conversion  by  purchaser  at  assignee's  sale. 
1915D,  474. 

Construction  and  effect  of  assignment. 

Annotation. 

Effect  of  re-entry  by  landlord  after  as- 
signment for  creditors  by  tenant 
upon  the  latter's  liability  for  sub- 
sequent rent.  1917 A,  2O8. 

Effect  of  re-entry  by  landlord  after  assign- 
ment for  creditors  by  tenant  on  latter's 
liability  for  subsequent  rent.  1917A, 
205. 

Assignee  or  trnstee. 

Annotation. 

Right  of  assignee  in  behalf  of  general 
creditors  to  complain  of  failure  to 
record  contract  of  conditional  sale. 
1917C,  442. 

Presumption  that  trustee  in  deed  to  secure 

creditors    is    a    bona    fide    purchaser. 

1917C,  883. 
Right  of  trustees  and  creditors  secured  to 

protection    of    recording    acts.      1917C, 

883. 

Rights,  duties,  and  liabilities  of  cred- 
itors; priority  and  release  of 
claims. 

Right  of  creditors  secured  by  deed  in  trust 

to  protection  of  recording  acts.     1917C, 

883. 
Presumption  that  creditors  secured  by  trust 

deed  are  bona  fide  purchasers.    '1917C, 

883. 


Priority  between  mortgage  on  future  crops 
and  mortgagor's  assignment  for  benefit 
of  creditors.  1917C,  1. 


ASSISTANCE. 

To  passengers.     1916D,  514. 


ASSOCIATIONS. 

In  general. 

Benevolent  societies,  see  BENEVOLENT  SOCIE- 

TIES. 
Building  and  loan  associations,  see  Brnu 

ING  AND  LOAN  ASSOCIATIONS. 
Jurisdiction  over,  see  COURTS. 
Labor  organizations,  see  LABOR  ORGANIZA- 

TIONS. 
Illegal    combinations,    see    MONOPOLY    AND 

COMBINATION. 
Exemption  of,  from  taxation,  see  TAXES. 

Members. 

Review  by  court  of  expulsion.    1917C,  1053. 


«  » 


ASSUMED  NAME. 

See  FICTITIOUS  NAME. 


ASSUMPSIT. 

In  general. 

Money  had  and  received  generally. 

Recovering  back  payments. 

—  in  general. 

—  public  money. 


In  general. 

Condition  precedent  to  action  of  assumpsit. 

1916D,  462. 
Amendment  of  process  issued  in  action  of. 

1916D,  220. 

Pleading  in  action  of.     1916D,  220. 
Record  on  appeal.     1916D.  220. 
Review    on    appeal    of    findings    of    court. 

1915A,  881. 
Reversal  of  judgment  upon  appeal.     101  t'.K. 

618. 
Refusal  of  trial   court  to  permit   filing   of 

plea  of  res  judicata.     1916D,  220. 

Money  had  and  received  generally. 

Effect  of  election  of  other  remedy  to  pre- 
vent action  for  money  had  and  re- 
ceived. 1915F,  962. 

Action  by  third  person  against  officer  of 
corporation  for  money  had  and  re- 
ceived. 191 6D,  1030.  " 

Action  by  one  claimant  to  fund  paid  into 
court  against  another  who  has  received 
the  fund.  1917A,  685. 


ASSUMPSIT— ATTACHMENT. 


31 


Right  of  executor  to  maintain  assumpsit  to 
recover  money  paid  into  court  a«d  ob- 
tained by  rival  claimant.  1917A,  685. 

Right  to  recover  money  obtained  by  fraud 
after  its  payment  to  an  innocent  third 
person.  1917A,  704. 

Assumpsit  by  tenant  who  has  abandoned 
premises  to  recover  from  landlord,  who 
has  secured  a  new  tenant  at  increased 
rent,  amount  of  rent  in  excess  of  that 
which  he  was  required  to  pay.  1917D, 
609. 

Recovering  back  payments, 
—  in  general. 

Annotation. 

Alteration  of  position  T>y  payee  as  af- 
fecting right  to  recover  back  money 
under  mistake.     1917E,  34:9. 


Effect  on  right  to  recover  of  inability  to 

place  other  party  in  statu  quo.     1917E, 

344. 
Liability    of    infant    vendor    for    purchase 

price  of  property   on   rescission  of  the 

contract.     3915A,  1221. 
Liability   in   assumpsit   for   purchase   price 

paid,  of  stranger  whose  false  represen- 

tations  aided   infant   in   sale   of   prop- 

erty.    1915A,  1221. 
Recovery  of  unearned   premium  upon  bond 

of  public  officer.     1915D,  966. 
Recovery    of    overcharges    exacted    by    car- 

rier during  existence  of  injunction  re- 

straining   putting    in    force    of    lower 

schedule.     1916C,  309. 
Of   amount  paid  on   forged  check.      1915A, 

77;    1915D,   1138;    1915E,   537;    1916E, 

1296. 

Insurance  premium  paid.     1916A,  750. 
Voluntary    payments;    what    are.      1916D, 

462,  466;  1916F,  532;  1917A,  415. 
For    mistake.      1916A,    711;     1916E,    618; 

1916F,   532;    1917E,  344. 
For  duress.     1916B,  667. 

—  public    money. 

Recovery    of    money    paid    on    forged   draft 

asrainst       United       States       Treasury. 

1915D,  797. 


ASSUMPTION    OF    DEBT. 

As  consideration  for  conveyance,  see  MORT- 
GAGE. 


ASSUMPTION     OF     RISKS. 

By  servant,  see  MASTER  AND  SERVANT. 

By  one  depositing  goods  in  warehouse. 
1915D,  725. 

By  one  accepting  invitation  to  ride  in  auto- 
mobile. 1917F,  253. 

By  passenger  on  freight  train.     1917C,  86. 

By  guest  at  hotel.    1917C,  1146. 

Of  danger  from  lack  of  fire  escapes  by  lodger 
in  building.  1917E,  250. 


ATTACHMENT. 

In  general. 

Against  nonresident  or  foreign  corpo- 
ration. 

Effect;  interest  acquired. 
Procedure. 

—  in    general;    affidavits;    petition, 

etc. 

—  bonds;  liability  on. 

—  dissolution;     dismissal;     setting 

aside. 


In  general. 

Property  exempt  from,  see  EXEMPTIONS; 
HOMESTEAD. 

As  to  garnishment,  see  GARNISHMENT. 

Sale  under,  see  JUDICIAL  SALE. 

What  property  subject  to,  see  LEVY  AND 
SEIZURE. 

Mode  and  sufficiency  of  levy  and  return,  see 
LEVY  AND  SEIZURE. 

Malicious  attachment,  see  MALICIOUS  PROS- 
ECUTION. 

Assault  in  protecting  property  from  wrong- 
ful attachment.  1916B,  *955. 

Want  of  probable  cause  for  levy  of.  1915A, 
541. 

Exemption  of  nonresident  from  service  of 
process  in  attachment  suit. while  tempo- 
rarily in  state.  1915A,  694. 

Limitation  of  time  for  action  against  sheriff 
for  failure  to  return  attachment. 
1915D,  1363. 

Right  of  attaching  creditor  of  contractor  to 
take  advantage  of  his  failure  to  file 
assignment  of  funds  due  under  the  con- 
tract. 1917F,  1123. 

What  constitutes  appearance  in  attachment 
suit,  1916F,  583. 

Estoppel  of  owner  of  property  attached  as 
that  of  another  to  set  up  his  claim  to 
it.  1916F,  939. 

Admissibility  of  evidence  as  to  title  to  at- 
tached property.  1916F,  939. 

Against  nonresident  or  foreign  cor- 
poration. 

Against  property  of  ambassador  from  Unit- 
ed States  to  foreign  government  resid- 
ing there.  1915A,  400. 

Against  foreign  corporation.    1915D,  115. 

Effect;  interest  acquired. 

Annotation. 

Effect  of  attachment  and  sale  of  stran- 
ger's property.  1917B,  4OO. 

Procedure. 

—  in   general;   affidavits;  petition,   etc. 

Necessity  and  sufficiency  of  process.  1917B, 
395. 

—  bonds;  liability  on. 

Annotation. 

Effect  of  insertion  of  unauthorized  pro- 
vision in  attachment  bond.  1917B. 
993. 


ATTACHMENT— A  TTORNE  YS. 


Estoppel  by  recitals  in  redelivery  bond  as  to 
ownership  of  property.  1915A,  1132. 

—  dissolution;  dismissal;  setting  aside. 

Annotation. 

Possibility  of  appeal  from  dismissal  of 
attachment  as  affecting  right  to 
withhold  property  from  debtor. 
191-7 B,  591. 


ATTEMPT. 

To  commit  crime,  see  CRIMINAL  LAW. 


ATTESTATION. 

Of  wills,  see  WILLS. 


ATTORNEY  GENERAL. 

Appropriation  of  money  to  pay  assistant. 

1917F,  770. 
Mandamus  to  compel  governor  to  approve 

certificate   by  attorney  general   to   se- 

cure  warrant   to    pay   for   services   of 

assistant.    1917F,  770. 
Effect  of  fact  that  expense  of  suit  filed  by 

attorney-general  for  the  abatement  of  a 

nuisance   is   paid   by   private   relators. 

1915A,  615. 
Suit   against,    as    suit    against  the  state. 

1916D,  545. 


ATTORNEYS. 

In  general. 

Right  to  practise  generally. 

Disbarment;  suspension. 

—  in  general. 

—  grounds  for. 
Control  of  court  generally. 
Relation  to  client. 

—  in  general;  liability. 

—  compensation;  lien. 


In  general. 

Argument  of,  see  APPEAL  AND  ERROR; 
TRIAL. 

Appearance  by,  see  APPEARANCE. 

As  to  district  and  prosecuting  attorneys, 
see  DISTRICT  AND  PROSECUTING  ATTOR- 
NEYS. 

Annotations. 

Exemption  of  attorney  from  service  of 

summons  while   in   jurisdiction  on 

legal  business.     1O17B,  893. 
Misconduct     of    counsel     for    defeated 

spouse   as   ground    for   relief   from 

divorce.     1917B,  464. 


Power  of  municipality  to  employ. 
1917D,  24O. 

Kiglit  of  public  body  entitled  to  serv- 
ices of  official  attorney  to  employ 
otlier  attorney  in  civil  matters. 
1917D,  251. 

Effect  of  presence  of  counsel  for  ward  on 
validity  of  release  given  by  him  to 
guardian.  1916E,  854. 

Advice  of  counsel  as  defense  to  action  for 
malicious  prosecution.  1915B,  1179; 
1915D,  16. 

Libel  by  statement  by  seller  to  attorney  for 
buyer.  191 5E,  275. 

Waiver  by  accused  of  services  of  attorney. 
1936D,  590. 

Right  of  client  to  recover  from  third  per- 
son for  services  rendered  by  attorney 
which  benefited  both.  191 5B,  856. 

Validity  of  verdict  received  by  attorney  ap- 
pointed for  the  purpose  by  the  trial 
judge.  1917E,  1085. 

Implied  power  of  municipality  to  employ. 
1917D,  237. 

Exemption  of,  from  service  of  process. 
1917B,  888;  1917C,  431. 

Contribution  between  members  of  partner- 
ship of  attorneys.  1917A,  443. 

Effect  of  judgment  requiring  attorneys  to 
return  fees  paid  them  for  services,  on 
rights  of  attornevs  as  between  them- 
selves. 1917A,  443. 

Liabilitv  of  attorney  for  false  imprison- 
ment. 1917B,  360. 

Libel  by.     1915D,  578;  1916E,  779. 

Liability  of  attorney  conspiring  with  cred- 
itor to  defeat  debtor's  exemption. 
1915A,  1186. 

Agreement  of  attorney  to  advance  money 
to  client  for  expenses.  1917B,  1140. 

Validity  of  contract  for  employment  of,  pro- 
cured through  solicitation.  1917B, 
1123. 

Solicitation  of  business  by,  as  champerty. 
1917B,  1140. 

Validity  of  contract  with,  for  legal  services 
in  inducing  certain  disposition  of  prop- 
erty by  a  relative  of  the  other  parties 
to  the  contract.  1917F,  464. 

Validity  of  contract  with  attorney  to  ren- 
der assistance  to  prosecuting  attorney 
in  criminal  case.  1916D,  459. 

Right  to  compel  attorney  to  testify  as  to 
who  employed  him.  1916C,  593. 

Right   to   practise    generally. 

Vested  right  to  practise  law.  1915D, 
1218. 

Disbarment;    suspension. 
—  in  general. 

Annotation. 

Eligibility    of   suspended    or    disbarred 

attorney  to  judicial  office.     1917B, 

8O3. 

Eligibility  to  office  of  judge  of  suspended 
attorney.  1917B,  801. 


ATTORNEYS. 


33 


Inherent  power  of  court  to  disbar.     1915D, 

1218. 
Review   on   appeal   of   disbarment.      1915A, 

663. 
Necessity     of     notice     before     disbarment. 

1D15D,  1218. 
Who  may  bring  charges  for.     1915A,  663; 

1915D,   1218;    1917B,  1132. 
Sufficiency  of  complaint.     1915A,  663. 
Necessity  of  verification  of  specification  of 

charges.     1915D,  1218. 
Fact    that    findings    involve    matters    lying 

outside   the   charges   of   the   complaint. 

1915A,  663. 

Right  to  trial  by  jury.     1915D,  1218. 
Admissibllity    of    evidence.      1915D,    1218; 

1917B,  1132. 

Sufficiency  of  proof.     1915D,  1218. 
Defenses.     1915A,  663;   1915D,  1218. 

—  grounds   for. 

Annotations. 

Right  of  attorney  at  law  to  solicit  biisi- 
ness.  1917B,  1128. 

Concealment  or  failure  to  produce 
document  as  ground  for  disbar- 
ment  or  suspension.  1917B,  384:. 

Concealment  of  evidence.     1917B,  378. 

Solicitation  of  business.     1917B,  1132. 

Offering  to  pay  witness.     1915A,  514. 

Misconduct  of  attorney  in  his  capacity  of 
probate  judge.  1915A,  663. 

Participation  in  acts  of  mob.     1915C,  259. 

Insulting  and  offensive  conduct  toward 
judges  personally.  1915D,  1218. 

Malicious  attack  on  integrity  of  courts  and 
judges.  1915D,  1218. 

False  charge  of  wrong  conduct  of  opponent 
and  collusion  with  the  court.  1916F, 
394. 

Deviation  by  attorney  from  strict  perform- 
ance of  his  duty  to  the  court  because  of 
belief  that  his  adversary  is  attempting 
to  take  an  unfair  advantage.  1916A, 
1171. 

Obtaining  information  from  members  of 
grand  jury  concerning  their  vote. 
1916A,  1171. 

Improper  advice  to  client.     1916A,  1171. 

Control  of  court  generally. 

Censuring  of  attorney  for  ignoring  statu- 
tory provisions  in  closing  an  estate. 
1915A,  514. 

Relation  to  client. 

—  in  general;  liability. 

Annotations. 

Consideration  -for  note  or  obligation 
(liven  by  attorney  to  cover  loss  on 
transactions  conducted  by  liim  for 
principal.  1O17H,  fiO6. 

Remedy  of  attorney  discharged  without 
cause  before  completing  service,  or 
before  expiration  of  time  for  which 
he  Teas  employed.     1917F,   4O6. 
L.R.A.  Tri.  Index  1915-17.— 3. 


Imputing  to  client,  knowledge  of  attorney. 
1916D,  7. 

Confidential  communications  to.  1916C, 
593. 

Liability  of  attorney  who  maliciously 
brings  action  for  client.  1915A,  1186. 

Admissibility  in  evidence  of  attorney's  dec- 
larations. 1917E,  1060. 

Liability  for  acts  committed  in  good  faith. 
1917B,  360. 

Consideration  for  note  given  by  attorney  to 
cover  loss  on  investments  made  by  him 
for  client.  1917B,  694. 

Right  of  attorney  to  damages  for  discharge 
before  completing  services.  1917F,  402. 

When  limitations  begin  to  run  against 
claim  of  attorney  for  wrongful  dis- 
charge. 1917F,  402. 

—  compensation;   lien. 

Stipulation  in  contract  for  attorneys'  fees 
to  be  added  to  obligation,  see  ATTOR- 
NEYS' FEES. 

Champertous  agreements  between  attorney 
and  client,  soe  CHAMPERTY  AND  MAIN- 
TENANCE. 

Annotations. 

Right  of  executor  to  allowance  for  at- 
torneys' fees  for  services  rendered 
in  attempt  to  establish  or  resist  at- 
tack upon  will.  191711,  4:50. 

Power  of  public  body  to  employ  attor- 
ney on  contingent  -fee.  1917D, 
263. 

Liability  of  married  woman  for  legal 
services  in  divorce  suit.  1917F, 
362. 

Attorney's  services  as  necessaries  with- 
in statute  rendering  wife  or  her 
property  liable  therefor.  1917F, 
863. 

Effect  of  Carmack  Amendment  on  applica- 
tion to  claim  based  upon  a  loss  of  an 
interstate  shipment,  of  local  statute 
providing  for  attorney's  fees.  1915E, 
942. 

Statute  allowing  attorney's  fee  to  success- 
ful plaintiff  in  certain  cases.  1915E, 
942. 

Attorneys'  fees  as  element  of  costs.  1915B, 
134;  1916A,  519,  784. 

Fees  of,  as  cost  of  receivership.  1915A, 
606;  1915F,  1219. 

Jurisdiction  to  allow  fees  to  attorney  em- 
ployed by  receiver.  1915F,  1219. 

Allowance  to  administrator  for  attorney's 
fees.  191 6C,  759. 

Liability  of  municipality  for  attorney's  fees. 
1915D,  927. 

Payment  of,  out  of  public  moneys.  1916D, 
90. 

Husband's  liability  for  services  of  wife's  at- 
torney. 1915C,  467;  1917C,  335. 

Liability  of  married  woman  for  services  of 
attorney.  1915F,  1162;  1917F,  359. 

Contract  for  contingent  fee.     1917D,  258. 

Contract  to  pay  attorney  percentage  of  sum 
obtained  by  way  of  settlement  or  com- 
promise in  action  for  breach  of  promise. 
1917D,  912. 


34 


ATTORNEYS— AUTOMATIC  ELEVATOR. 


Agreement  of  defendant  in  settling  case  to 
reimburse  plaintiff  for  his  attorney's 
fees;  effect  of  contract  for  contingent 
fee.  1917B,  1140. 

Liability  of  judgment  debtor  who  compro- 
mises claim  for  less  than  face  of  judg- 
ment to  attorney  whose  contract  en- 
titled him  to  a  percentage  of  the  recov- 
ery. 1917B,  1123. 

Sufficiency  of  service  of  notice  of  attorney's 
lien.  1917F,  1006. 

Right  of  one  against  whom  judgment  has 
been  recovered  and  upon  whom  an  at- 
torney's lien  has  been  properly  served 
to  set  off  against  such  judgment  a  judg- 
ment assigned  to  him  after  the  assign- 
ment of  the  former  judgment.  1917F, 
1006. 


ATTORNEYS'    FEES. 

For  right  of  an  attorney  to  recover  fees 
from  his  own  client,  see  ATTORNEYS. 

Priority  over  mechanics'  liens.  1917C, 
1116. 

Effect  of  Carmack  Amendment  on  applica- 
tion to  claim  based  upon  a  loss  of  an 
interstate  shipment,  of  local  statute 
providing  for  attorney's  fees.  1915E, 
942. 

Effect  of  provision  for,  on  negotiability  of 
note.  1916B,  672,  697. 

Excessiveness  of  fees  allowed.     1916B,  856. 

Validity  of  stipulation  as  to.     1915B,  928. 

Power  of  court  to  add  attorneys'  fees  to 
amount  of  recovery  on  note.  1916F, 
548. 

Sufficiency  of  tender  to  relieve  from  pay- 
ment of  attorney's  fees.  1916A,  568. 

Recovery  of  statutory  attorneys'  fees  for 
nonpayment  of  insurance  policy. 
1916B,  1252. 


ATTORNMENT. 

By  tenant.     1915C,  190. 


ATTRACTIVE    NUISANCE. 

See  NEGLIGENCE. 


AUCTION. 

Annotations. 

Effect  of  insertion  of  unauthorized  pro- 

visions      in       auctioneer's       bond. 

1917B,   1O13. 
Right  to  ivithdraiv  property  from  auc- 

tion sale  after  it  has  been  offered. 

1917A,   74. 


Discrimination  in  grant  of  license  to  auc- 
tioneer. 1915B,  151. 

Right  of  minority  stockholders  to  insist  on 
auction  sale  of  assets  of  corporation  on 
dissolution  of  company.  1917A,  1174. 

Effect  of  fall  of  auctioneer's  hammer  in  re- 
sponse to  fictitious  bid  to  conclude  con- 
tract with  one  who  made  highest  bona 
fide  bid.  1917A,  63. 

Withdrawal  of  property  after  it  has  been 
offered.  1917A,  63. 


AUCTIONEER. 

Annotation. 

Effect  of  insertion  of  unauthorized  pro- 
visions in  bond  of.     1917B,  1O13. 

Delegation    of    power    to    license.      1915B, 

151. 
Discrimination     in     grant    of     license     to. 

1915B,  151. 


AUDITOR. 

Proceeding  to  compel  issue  by,  of  warrants 
for  statutory  allowances  to  state  of- 
ficers. 1915E,  858. 

Presumption  of  truth  of  certificate  of. 
1915D,  772. 

Sufficiency  of  auditor's  findings  to  sustain 
verdict  of  jury.  1915D,  725. 


AUNT. 

Insurable  interest  in  life  of  nephew.    1916F, 
457. 


AUTHENTICITY. 

Sufficiency  of  proof  of  authenticity  of  tele- 
gram.    1915A,  862. 

•  «  » 


AUTHORITY. 

Of  agent,  see  PRINCIPAL  AND  AGENT. 
Question  for  jury  as  to,  see  TRIAL. 

Presumption    and    burden    of    proof    as    to. 

1917E,  539. 
Sufficiency  of  proof  of.     1917E,  539,  788. 


AUTOMATIC  ELEVATOR. 


Delegation  of  power  to  license  auctioneers.  I  Injury  to  person  attempting  to  use.    1917E, 
1915B,  15L  696;   1917F,  260. 


AUTOMOBILES. 


35 


AUTOMOBILES. 

In  general. 

Public  regulation  and  control. 
Negligence  in  use  of. 
Contributory  negligence. 


In  general. 

As  to  gasolene  stations,  see  GASOLENE  STA- 
TIONS. 
As  to  jitney  buses,  see  JITNEY  BUSES. 

Annotations. 

Garage  as  a  nuisance.     1917E,  369. 

Right  to  take  toll  for  use  of  road  or 

bridge  by  automobile.     1917E,  562. 
Automobile  liability  insurance.    1917F, 

615. 
Automobile     insurance     against    theft, 

robbery     and     pilferage.       1917F, 

543. 

Regulating  use,  location,  and  construction 
of  garage.  1915D,  603,  607. 

Estoppel  to  enjoin  use  of  garage.  1916C, 
939. 

Insurance  on.     1915D,  239,  344. 

Insurance  against  loss  or  damage  by  theft. 
1915B,  327;  1915E,  575;  1917F,  540. 

Insurance  against  owner's  liability  for  in- 
jury to  person  or  property.  1917F, 
612. 

Lien  on,  for  repairs.     1915D,  1141,  1146. 

Opinion  evidence  as  to  value  of.  1915E, 
959. 

Right  of  toll  road  company  chartered  before 
invention  of  automobiles.  1917E,  559. 

Bequest  of  lot  and  residence  thereon  and 
"all  the  contents  of  said  residence"  as 
passing  automobile  kept  in  garage  on 
the  lot.  1917D,  426. 

Damages  for  wrongful  termination  of  em- 
ployment to  sell  on  commission.  1916B, 
868. 

Provision  for  liquidated  damages  in  auto- 
mobile distribution  contract.  1915B, 
109. 

Right  of  automobile  agent  to  recover  ad- 
vance payments  where  he  fails  to  sell 
any  cars.  1915B,  109. 

Pleading  in  action  on  automobile  distribu- 
tion contract.  1915B,  109. 

Disaffirmance  of  infant's  purchase  of. 
1915C,  362. 

Novation  of  contract  for  purchase  of. 
1916C,  443. 

Authority  of  sales  agent  to  give  warranty. 
1916C,  411. 

Priority  between  lien  on  automobile  for  in- 
jury done  by  it  and  rights  of  condi- 
tional vendor.  1916F,  935. 

Right  of  conditional  vendee  in  possession  of 
automobile  to  maintain  action  for  in- 
jury to  it.  1917D,  214. 

Right  of  conditional  vendor  of  automobile 
to  tires  fitted  thereto,  when  machine  is 
reclaimed.  1916E,  254. 


Right  of  indorsee  of  notes  given  for  pur- 
cliu.se  price  of  automobiles  who  retakes 
car  on  failure  to  pay  matured  note,  to 
bring  a  suit  on  the  notes.  1917F, 
462. 

Counterclaim  of  amount  still  due  on  pur- 
chase price  in  action  for  conversion  of 
automobile  by  vendor.  1916C,  443. 
Time  for  which  damages  may  be  allowed  un- 
der counterclaim  for  depriving  pur- 
chaser of  possession,  in  action  for  bal- 
ance of  purchase  price  of  automobile 
of  which  the  seller  had  taken  posses- 
sion on  default  in  payment.  1916A, 
912. 

Review  on  appeal  of  findings  in  action  to 
recover  money  paid  for  automobile. 
1915A,  881. 

Liability  of  bank  paying  draft  attached  to 
bill  of  lading  issued  for  automobile 
where  machine  does  not  comply  with 
manufacturer's  contract  with  the  pur- 
chaser. 1915A,  881: 

Construction  of  covenant  on  sale  of  auto- 
mobile to  replace  parts  which  break 
because  of  defective  material  or  work- 
manship. 1917D,  1125. 

Liability  of  manufacturer  of,  for  injury 
due  to  defects  in  car.  1915E,  287; 
1916F,  696. 

Damages  for  injury  to.  1915C,  319;  1915E, 
959;  1915F,  723;  1917D,  214. 

Ordinary  motor  truck  as  an  attractive  nui- 
sance. 1917D,  875. 

Failure  of  one  uriving  vehicle  at  night  to 
carry  lights  required  by  statute  on  lia- 
bility for  injury  by  collision  with  auto- 
mobile. 1917F,  444. 

Right  of  driver  to  assume  that  road  is  safe 
for  ordinary  travel.  1917F,  253. 

Duty  of  municipality  toward  automobilists 
as  to  railings  or  barriers.  1916F,  1216; 
1917D,  754. 

Collision  of  automobile  with  train  at  cross- 
ing. 1915A,  363. 

Contributory  negligence  of  driver  at  rail- 
road crossing.  1916A,  842;  1916D,. 
783;  1916E,  455,  816;  1917D,  549. 

Contributory  negligence  of  driver  injured  on 
defective  highway.  1915B,  953;  1916A, 
1111. 

Imputing  negligence  of  driver  to  passenger. 
1915B,  953;  1916A,  1111;  1917A,  543; 
1917F,  253,  444. 

Proximate  cause  of  injury  to  person  riding 
in.  1917A,  543;  1917C,  203. 

Question  for  jury  as  to  whether  person  rid- 
ing in  car  of  another  is  engaged  in 
common  enterprise  with  him.  1915E, 
436. 

Driving  automobile  at  speed  prohibited  by 
statute  as  wilful  misconduct  within 
meaning  of  Workmen's  Compensation 
Act.  1916D,  903. 

Injury  to  bystander  by  skidding  of  auto- 
mobile due  to  slippery  condition  of 
pavement  because  of  oil  placed  thereon, 
1917E,  710 


36 


AUTOMOBILES. 


Public  regulation  and  control. 

Annotation. 

Validity  and  effect  of  regulation  as  to 
parking  or  leaving  automobiles 
standing  in  street.  1917F,  352. 

Delegation  of  power  as  to.     1915E,  264. 

Exclusion  of,  from  certain  streets.  1915E, 
264. 

Forbidding  parking  of  automobiles  in 
streets.  1917F,  345. 

Imposition  of  license  tax  for  revenue  pur- 
poses. 1917B,  553. 

License  tax  on  automobiles  passing  through 
state  as  interference  with  interstate 
commerce.  1917B,  553. 

Discrimination  in  license  tax.     1915D,  322. 

Reasonableness  of  license  tax.     1915D,  322. 

Graduating  license  tax  on  automobiles  ac- 
cording to  horse  power  of  the  machine. 
1917B,  553. 

Effect  of  failure  to  procure  license  on  lia- 
bility for  negligent  injurv.  1916E, 
1216. 

Effect  of  operating  without  a  license  on 
right  to  recover  for  injury  to  auto- 
mobile or  occupants.  1915D,  628; 
1916E,  1212,  1222. 

Negligence  in  use  of. 

In  operation  of  jitney  bus,  see  JITNEY 
BUSES. 

Annotations. 

Constitutionality  of  statutes  giving  lien 
on  automobile  for  injuries  done  by 
it.  1917E,  928. 

Liability  of  one  undertaking  to  give  in- 
struction in  driving  automobile  for 
negligent  operation  during  instruc- 
tion. 1917A,  397. 

Intoxication  of  person  operating  auto- 
mobile. 1917 A,  313. 

Violation  of  statute  or  ordinance  giv- 
ing one  vehicle  right  of  \vay  as 
against  another  as  affecting  liabil- 
ity for  injury.  1917D,  693. 

Liability  for  injuries  by  automobile 
set  in  motion  by  stranger.  1917D, 
867. 

Liability  of  otcner  upon  the  ground  of 
dangerous  agency,  or  of  negligence 
in  intrusting  car  to  incompetent 
or  negligent  person,  for  injuries 
inflicted  while  the  latter  is  oper- 
ating the  car  for  his  oirn  purpose. 
1917F,  384. 

Liability  where  automobile  is  being 
used  by  a  member  of  owner's  fam- 
ily. 1917F,  365. 

Assault  b:f  negligent  operation  of  auto- 
mobile. 1917D,  95O. 

Duty  owed  to  others  by  driver  blinded 
by  light  on  highway.  1917E, 
1045. 

Lien  upon  automobile  for  injuries  done  by 

it.     ]917E,  925. 
Evidence  in  action  for  injury.     1917 A.  306. 

394. 


Question  for  jury  as  to  negligence  of  driver. 
1917D,  690;  1917F,  610. 

Question  for  jury  as  to  whether  driver  was 
acting  within  scope  of  authority  at  time 
of  accident,  1917E,  715. 

Instructions  in  action  $or  injury.  1917A, 
306;  1917F,  610. 

New  trial  in  action  for  injury.  1915D, 
968. 

Injury  to  employee  struck  by  automobile 
while  going  from  one  job  to  another 
as  within  protection  of  Workmen's  Com- 
pensation Act.  1917A,  252. 

Effect  of  failure  to  procure  license  on  lia- 
bility for  negligent  injury.  1916E, 
1216. 

Automobile  as  dangerous  agency.  1915D, 
691. 

Liability  of  owner  of  automobile  for  in  fur 
to  guest.     1916E,  1190;  1917F,  253. 

When  one  riding  with  driver  is  engaged  in  a 
common  enterprise  with  him  so  that  he 
cannot  recover  for  injury  resulting 
from  the  driver's  negligence.  1917 F, 
253. 

Proximate  cause  of  injury  where  automobile 
left  by  the  driver  on  an  incline  with 
brake  set  is  released  by  a  stranger. 
1917D,  864. 

Conviction  of  assault  with  intent  to  inflict 
bodily  injury,  of  one  striking  another 
in  highway  with  automobile.  1917D, 
944. 

Liability  of  one  conducting  school  for  in- 
struction in  automobile  driving  for  in- 
jury through  incompetence  of  pupil  in- 
trusted with  management  of  car  by 
teacher.  1917A,  394. 

Liability  of  owner  for  injury  while  machine 
is  being  operated  by  third  person  gen- 
erally. 1917E,  715. 

Liability  of  keeper  of  motor  livery  for  in- 
jury through  negligence  of  one  to  whom 
he  -let  a  car.  1915D,  691. 

Liability  of  owner  for  negligence  of  driver 
while  using  car  for  his  own  purpose. 
1916A,  954. 

Employee  of  public  garage  in  which  auto- 
mobile is  kept  as  servant  of  the  owner. 
1916B,  757. 

Liability  of  owner  for  injury  while  car  is 
being  operated  by  member  of  family. 
1915A,  1130;  1915F,  216,  228:  1916D, 
618;  1917E,  357;  1917F,  363,  380. 

Liability  of  joint  owner  of  automobile  for 
negligence  of  co-owner.  1916E,  1300. 

Liability  of  one  of  two  persons  using  auto- 
mobile in  common  enterprise  for  neg- 
ligence of  the  other.  1915E,  436; 
1915F,  876. 

Liability  of  guest  for  negligence  of  chauf- 
feur. 1915E,  439:  1915F,  876. 

Liability  of  city  for  injury  by  automobile 
operated  by  fireman.  1917E,  1170. 

Effect  of  traffic  regulation  giving  automo- 
bile driver  right  of  way  at  street  inter- 
section. 1917D,  690. 

Effect  of  drunkenness  of  driver.  1917A, 
306. 

Incompetency  of  driver  to  handle  machine. 
191 7F,  380. 


AUTOMOBILES— BAGGAGE. 


•     37 


Illegal  or  dangerous  speed.  1917A,  710; 
1917E,  1170;  1917F,  610. 

Application  of  rule  as  to  speed  and  con- 
trol of  car  by  driver  to  case  where  he 
is  unexpectedly  confronted  by  a  dan- 
gerous situation.  1917F,  253. 

Turning  corner  to  the  left  at  high  speed. 
1916A,  744. 

Failure  to  keep  lookout.     1916A,  943. 

Violation  of  statute  or  ordinance.  1915D, 
«>2S;  1916E,  1292;  1917A,  710;  1917E, 
272,  1170. 

Attempt  of  driver  to  pass  ahead  of  car 
turning  in  street  in  front  of  him. 
1915D,  628. 

Failure  to  get  wheels  out  of  rut  in  time 
to  avoid  collision  with  motorcycle. 
1917B,  753. 

Driving  on  main  traveled  roadway,  al- 
though it  is  on  extreme  left  of  the 
driveway.  1917B,  753. 

Effect  of  signal  of  traffic  officer  on  driver's 
duty.  1P17B,  133. 

Driving  automobile  past  standing  street  car 
receiving     or     discharging    passengers. 
1917A,  710-  1917E,  272. 
« 

Contributory  negligence. 

Annotation. 

Violation  of  statute  or  ordinance  giving 
one  vehicle  right  of  wai/  as  against 
another  as  affecting  liability  for  in- 
jury. 1917D,  693. 

Effect  of  violation  of  statute  by  driver  to 
deprive  him  of  defense  of  contributory 
negligence.  1915D,  968. 

Necessity  of  instruction  as  to.    1917A,  306. 

Prejudicial  error  in  instruction  as  to. 
1917D,  690. 

Evidence  on  question  of.  1917A,  306; 
1917F,  610. 

Assumption  of  risk  of  ordinary  dangers  by 
one  accepting  invitation  to  ride  in  auto- 
mobile. 1917F,  253. 

Contributory  negligence  in  riding  in  auto- 
mobile with  knowledge  that  chauffeur 
is  drunk.  1915E,  588. 

Drunkenness  of  person  injured.    1917A,  306. 

Application  of  law  of  the  road  to  automo- 
bile turning  around  in  street.  1915D, 
628. 

Failure  of  guest  who  knew  that  canal  ran 
across  highway,  to  warn  driver  thereof. 
1917F,  253. 

Right  of  one  riding  motorcycle  in  rut  on 
proper  side  of  road  to  rely  entirely  on 
approaching  automobilist  getting  out 
of  such  rut;  speed  of  motorcycle. 
1917B,  753. 

Negligence  of  bicycle  rider  in  turning  from 
side  to  side  to  avoid  collision  when 
meeting  automobile  on  wrong  side  of 
street.  19 16 A,  744. 

Driving  upon  highway  with  mule  known  to 
be  afraid  of  automobiles.  1915C,  702. 

Negligence  of  pedestrian  in  stopping  upon 
crosswalk  without  keeping  constant 
watch  for  the  approach  of  automo- 
biles. 1917B,  133. 


Failure  of  one  crossing  street  in  front  of 
standing  street  car  to  observe  that 
automobile  is  attempting  to  pass  the 
car  on  the  left,  contrary  to  municipal 
ordinance.  1917C,  477. 

Doctrine  of  last  clear  chance.  1915C,  702; 
1916A,  943. 


AUTCPST. 

Stipulation     as    to,    in     insurance    policy. 
1915D,  1199. 


AVALANCHE. 

Derailment  of  train  by.     1915F,  1174. 


AVERAGE    EARNINGS. 

Annotation. 

Computation  of,  under  Workmen's 
Compensation  Act.  1917D,  175. 

Determination  of,  as  basis  for  compensation 
under  Workmen's  Compensation  Act. 
1916A,  371;  1917E,  277,  765. 


AWARD. 

In  condemnation  proceedings,  see  EMINENT 

DOMAIN. 
Under    Workmen's    Compensation   Act,    see 

WORKMEN'S  COMPENSATION. 


AWNINGS. 

Requiring   removal   of    awning  posts   from 
sidewalks.    1916C,  561. 


*  » 


BAD    FAITH. 

See  GOOD  FAITH. 


BAGGAGE. 

In  general,  see   CARRIERS. 

Innkeeper's  liability  for,  see  INNKEEPERS. 

Annotation. 

Right  of  carrier  to  grant  exclusive 
train  privilege  to  baggage  or  pas- 
senger transfer  companies.  1917F, 
10S5. 

Grant  of  exclusive  privilege  to  solicit  at 
railroad  station.  1915B,  358;  1917F, 
1080.  ' 


38 


BAGS— BANKRUPTCY. 


BAGS. 

Effect  of  failure  of  purchaser  of  potatoes 
to  furnish  sacks  therefor  as  agreed. 
1916D,  728. 


BAIL    AND    RECOGNIZANCE. 

Annotation. 

Effect  of  insertion  of  unauthorized  pro- 
visions in  bail  bond.  1917B,  994. 

Conflict  of  jurisdiction  between  state  court 
admitting  criminal  to  bail  under  state 
law  and  Federal  court  arresting  him 
for  offense  against  Federal  law.  1916E, 
595. 

Right  to;  when  admitted  to.     1915E,  340. 

Right  to  release  pending  appeal  on  taking 
pauper's  oath.  1916F,  103. 

Extension  of  recognizance  to  subsequent 
term  of  court.  1916F,  361. 

Forfeiture  of  bond.  1916A,  361;  1916E, 
595. 


BAILMENT. 

In  general. 

As  to  warehousemen,  see  WAREHOUSEMEN. 

General  deposit  in  bank  as  a  bailment. 
1915A,  728. 

Distinction  between  bailment  and  loan. 
1915F,  90. 

Distinction  between  bailment  and  condi- 
tional sale.  1917B,  615. 

Sufficiency  of  words  to  change  character  of 
possession  from  that  of  bailee  in  pos- 
session to  purchaser.  1916F,  389. 

Cashier  of  bank  who  has  agreed  that  prop- 
erty may  be  stored  in  the  bank  as 
bailee.  1915B,  542. 

Innkeeper  as  gratuitous  bailee  of  trunk. 
•  1916F,  234. 

Carrier  as  gratuitous  bailee  of  baggage. 
1916E,  478. 

Rights  of  purchaser  from  bailee.  1917B, 
615. 

Instruction  in  action  for  breach  of  contract 
of  bailment  authorizing  recovery  as 
though  action  had  been  in  tort.  1916F, 
1036. 

Duty  and  liability  of  bailee. 

Who  may  maintain  auction  for  loss  of  goods 

stored.     1917D,  493. 
Presumption    and    burden    of    proof    as    to 

negligence.     1915A,  594. 
Measure  of  damages  for  loss  of  property. 

1917D,  493. 
Loss   of   or   injury   to   property   generally. 

L.R.A.1915A/594;   1915C,  712;   1916F, 

1036. 

Loss  of  property  by  fire.     1915B,  295. 
Master's    liability    for    theft    by    servant. 

1915C,  712. 

Violation  of  Sunday  law  as  defense  to  lia- 
bility of  bailee  for  injury  to  property. 

1915F,  644. 


BALLOTS. 


See  ELECTIONS. 


BANK    COMMISSIONER. 

Necessity  of  permission  from,  to  sue  re- 
ceiver of  insolvent  bank.  1917D,  1002. 

Limiting  time  for  action  by  bank  to  re- 
cover property  seized  by.  1915E,  675. 

Suit  against  state  banking  commissioner  as 
suit  against  the  state.  1915F,  623. 


BANK  EXAMINER. 

Note  given  to  bank  to  enable  it  to  pass 
examination  by  state  bank  examiner. 
1916A,  1215. 


BANKRUPTCY. 

In  general;  jurisdiction;  procedure. 

—  in  general. 

—  effect  of  bankruptcy. 

Assets  generally;  what  constitutes  as- 
sets. 

Avoidance   of  prior   transfer,    prefer- 
ence, or  levy. 

—  validity    of    prior    transfers    ox 

liens;  preferences. 

Rights  in  assets;  title,  rights,  and  lia- 
bilities of  trustee. 
Claims    against    estate;    distribution. 

—  in  general. 

—  what   claims   provable;    set-offs. 

—  presentment   and  proof. 

—  distributive  rights  and  distrib- 

ution. 
Discharge;  effect. 


Assignment  for  creditors,  see  ASSIGNMENT 

FOB  CREDITORS. 
As  to  insolvency,  see  INSOLVENCY. 

In  general;  jurisdiction;  procedure. 
—  in    general. 

/innovations. 

Who  is  ivithin  protection  of  provision 
of  Bankruptcy  Act  as  to  use  in 
criminal  proceeding  of  testimony 
given  by  bankrupt.  1917B,  614. 

Effect  upon  state  insolvency  laws  of 
provisions  of  Federal  Bankruptcy 
Act  excepting  farmers,  wage  earn- 
ers, and  small  debtors  from  invol- 
untary bankruptcy.  1917A,  1O9. 

Judicial  notice  of  institution  of  bankruptcy 

proceedings.      191 6E,    303. 
Federal     questions     in     bankruptcy     case. 

1917B,  580. 


BANKRUPTCY. 


Who  is  within  protection  of  provision  of 
Bankruptcy  Act  as  to  use  in  criminal 
proceedings  of  testimony  given  by 
bankrupt.  1917B,  608. 

Who  may  be  adjudged  bankrupt.  1916E, 
628;  1917A,  105. 

Bankruptcy  of  partnership  or  member 
thereof.  1915E,  706;  1915F,  668; 
1917A,  135. 

Eight  of  bankrupt  or  his  creditors  to  in- 
tervene in  suit  by  trustee  to  foreclose 
mortgage.  1916C,  633. 

Effect  of  payment  by  trustee  under  order 
of  court  to  interrupt  running  of  lim- 
itations. 1915B,  1221. 

Effect  of  assumption  by  vendee,  on  sale  of 
•bankrupt's  estate,  of  judgment  recov- 
ered by  employee  against  the  trustee, 
on  recovery  by  the  trustee  on  employ- 
er's liability  insurance  policy.  1916F, 
876. 


—  effect  of  bankruptcy. 

Effect  of  adjudication  of  bankruptcy  against 
one  to  whom  material  is  sold  on  right 
to  perfect  lien  after  expiration  of  time 
provided  for  filing  thereof.  1915F, 
1132. 

Effect  of  institution  of  bankruptcy  proceed- 
ings to  destroy  jurisdiction  of  state 
court  proceedings  to  enforce  a  statu- 
tory lien.  1916E,  303. 

Effect  of,  to  work  dissolution  of  corpora- 
tion. 1916C,  189. 

Effect  of  adjudication  in  bankruptcy  to  in- 
terrupt running  of  limitations.  1915B, 
1221. 

Effect  of  bankruptcy  of  principal  contractor 
on  liens  of  subcontractor  and  material- 
men.  1916F,  106. 

Effect  of  subsequent  bankruptcy  of  corpo- 
ration on  note  given  for  stock.  1915A, 
464. 

Right  of  one  depositing  stock  to  cover  mar- 
gins to  return  thereof  on  bankruptcy 
of  broker.  1916F,  488. 

Assets  generally;  what  constitutes  as- 
sets. 

Annotation. 

Interest  of  cestui  que  trust  in  spend- 
thrift trust  as  assets  passing  to 
trustee  in  bankruptcy.  19 17 A, 
989. 

Venue  of  action  to  recover  assets.  1917C, 
393. 

Interest  of  cestui  que  trust  in  spendthrift 
trust  as  assets  in  bankruptcy.  1917A, 
988. 

Goods  sold  with  reservation  of  title,  but  to 
be  resold  at  retail,  as  assets  in  bank- 
ruptcy of  purchaser.  1917B,  667. 

Right  of  seller  who  has  refused  to  permit 
buyer  to  reject  goods  to  acquiesce 
therein  after  bankruptcy  of  buyer. 
1916A,  634. 


Avoidance  of  prior  transfer,  prefer- 
ence, or  levy. 

—  validity  of  prior  transfers  or  liens; 

preferences. 

Recovery  by  trustee  in  bankruptcy  of  cor- 
poration of  dividends  paid  to  stock- 
holders out  of  capital.  1917C,  390,  393. 

Creditor's  knowledge  or  belief.  1916A,  683 ; 
1917C,  393. 

Computation  of  period  of  retroactive  avoid- 
ance. 1917A,  295. 

Rights  in  assets;  title,  rights,  and 
liabilities  of  trustee. 

Annotation. 

Rights  of  trustee  with  respect  to  execu- 
tory contracts  of  bankrupt.  1917F, 
657. 

Liability  of  trustee  in  bankruptcy  on  exec- 
utory contracts  of  the  bankrupt.  1917F, 
654. 

Conclusiveness  of  judgment  that  state  court 
has  no  jurisdiction  of  replevin  action 
to  take  property  from  receiver  in  bank- 
ruptcy. 1916A,  634. 

Effect  of  refusal  of  buyer  to  accept  goods, 
in  which  seller  does  not  concur,  on  right 
of  buyer's  trustee  in  bankruptcy  there- 
to. 1916A,  634. 

Right  of  bankruptcy  trustee  of  corporation 
to  recover  bonds  illegally  issued. 
1916E,  563. 

Right  of  customer  who  has  deposited  stock 
with  broker  to  cover  margin,  to  return 
of  stock  on  bankruptcy  of  broker. 
1916F,  488. 

Right  of  purchaser  of  goods  in  bulk  to  re- 
cover from  trustee  in  bankruptcy  of 
seller,  cost  of  preparing  to  defend  suit 
brought  by  creditor.  1916F,  548. 

Claims  against  estate;  distribution. 

—  in  general. 

Interest  on  approved  claims  against  bank- 
.  rupt's  estate.     1915B,  884. 

—  what  claims  provable;  set-offs. 

Annotation. 

Damages    for    anticipatory    breach    of 

contract       as       provable       claim. 

1917B,'585. 

Effect  of  election  of  other  remedy  to  prevent 
presentation  of  claim  in  bankruptcy. 
1916B,  1099. 

Review  in  Federal  Supreme  Court  of  prov- 
able claim.  1917B,  580. 

Filing  of  involuntary  petition  as  anticipa- 
tory breach  of  contract  by  bankrupt 
giving  rise  to  claim  provable  in  bank- 
ruptcy proceedings.  1917B,  580. 

Estimate  of  damages  in  allowing  claim  for 
damages  arising  from  anticipatory 
breach  of  contract  by  bankrupt.  1917B, 
580.  . 

—  presentment  and  proof. 

Estoppel  by  filing  claim  in  bankruptcy.! 
1916C,  189.  ' 


40 


BANKRUPTCY— BANKS. 


Presentation  of  claim  in  bankruptcy  as  elec- 
tion of  remedy.  1916C,  429. 

—  distributive  rights  and  distribution. 

As  between  individual  and  firm  creditors. 

1917A,  135. 

Claims  of  lien  creditors.     1915B,  438. 
Priorities.     1915B,  148.    ' 

Discharge;  effect. 

Annotation. 

Effect  of  re-entry  toy  landlord  after 
bankruptcy  of  tenant  upon  latter's 
liability  for  subsequent  rent. 
1917 A,  2O8. 

Right  to  discharge.     1915C,  89. 

Effect  of  d.  -charge  of  partnership  to  release 

partners  from  further  liability.    1915F, 

668. 
Relief  from  default   judgment  after  claim 

sued  on  was  discharged  in  bankruptcy. 

1916F,  837. 
Right  of   mater ialman   entitled   to   perfect 

his   lien    after   discharge   of   owner   in 

bankruptcy,     to     deficiency     judgment 

against  such   owner.     1915F,    1132. 
What  debts  released  by  discharge.     1916D, 

113;   1916E,  247. 


BANKS. 

In  general. 

Right  to  do  business;  powers. 

Stockholders. 

Officers  and  agents. 

—  in  general. 

—  authority;  ratification. 

—  liability. 

Deposits  generally;  nature  of. 
Bank's   control   over   deposits;    appli- 
cation of. 
Payment  of  checks;  forgeries. 

—  in  general. 

—  forgeries. 
Certificate  of  deposit. 
Collections. 

—  in  general. 

—  insolvency.  , 
Other  transactions;  discounts,  etc. 
Insolvency. 

Savings  bank. 
Crimes. 


In  general. 

Bond  of  depository  of  public  funds,  see 
BONDS. 

Constitutionality  of  statutes  as  to,  see  CON- 
STITUTIONAL LAW. 

Usury  in  bank  transactions,  see  USURY. 

Annotation. 

Consideration   for  note   given   to   make 

good  depletion  of  capital  or  assets 

of  bank.     1917B,  688. 


State  taxation  of  national  bank  shares. 
1917B,  294. 

Effect  of  failure  specifically  to  exempt  na- 
tional banks  from  state  income  tax  law. 
1915B,  569. 

Suit  against  state  banking  board  and  state 
bank  commissioner  as  suit  against  the 
state.  1915F,  623. 

Authorizing  bank  superintendent  to  take 
possession  of  assets  of  bank  whenever 
he  deems  it  necessary.  1915E,  675. 

Appointment  of  receiver  for  solvent  bank 
because  of  irregularities  of  officers.. 
1925A,  606. 

Binding  effect  of  custom  of.     1915E,  395. 

Estoppel  to  deny  entry  on  books  of  bank  or 
sworn  statements.  1915D,  935. 

Effect  of  draft  on  bank  with  which  collater- 
al has  been  deposited  to  meet  over- 
drafts to  work  assignment  of  an  inter- 
est in  the  collateral  sufficient  to  meet 
the  draft.  1916C,  12. 

Liability  of  one  recommending  another  to 
bank  for  credit.  1915A,  100;  1916E, 
362. 

Deposit  of  deed  in  escrow  with.  191 6A, 
493. 

Conversion  by.     1916C,  544;   1917 A,  740. 

Consideration  for  note  given  to.    1917C,  840. 

Note  executed  to  enable  bank  to  meet  re- 
quirement of  state  superintendent  that 
deficiency  of  assets  be  made  good. 
1917B,  684. 

Note  given  to  bank  to  enable  it  to  pass 
examination  by  state  bank  examiner. 
1916A,  1215. 

Right  to  do  business;  powers. 

Annotation. 

May  a  charter  or  license  for  a  bank  be 
refused  upon  general  considera- 
tions of  public  policy.  1917D, 
316. 

Illegal  delegation  of  power  to  state  super- 
intendent of  banking.  1917F,  514. 

Refusal  of  charter  by  state  banking  board. 
1917D,  310. 

Right  of  national  bank  to  hold  stock  in  an- 
other corporation.  1916A,  568. 

Right  of  trust  company  to  purchase  its  own 
stock.  3916F,  281. 

Stockholders. 

Stockholder  of  bank  which  is  made  execu- 
tor of  will  as  witness  to  its  execution. 
3916D,  179. 

Appointment  of  receiver  at  suit  of  minority 
stock  holders.  1915A,  606. 

Fraud  in  securing  subscription  to  stock. 
1915D,  792. 

Right  of  state  to  tax  national  bank  shares. 
1917B,  294. 

Inheritance  tax  on  stock  of  national  banks 
located  in  state,  owned  by  nonresident 
decedent.  1916A,  901. 

Refusal  to  deduct  value  of  real  estate  from 
value  of  capital  stock  of  bank  for  pur- 
poses of  taxation.  1915C,  386. 


BANKS. 


41 


Valuation  for  taxation  of  national  bank 
shares;  deduction  on  account  of.  bank's 
ownership  of  state  bonds.  1917B,  294. 

Rate  of  taxation  on  shares  of  national  bank. 
1917B,  294. 

Who  liable  as  stockholder.     1915B,  168. 

Constitutionality  of  statute  increasing  lia- 
bility. 1917A,  1223. 

Release  from  liability.    1917C,  890. 

Transfer  of  stock.     1915B,  168. 

Officers  and  agents. 

—  in  general. 

Annotations. 

Effect  of  insertion  of  unauthorized 
provisions  in  cashier's  bond. 
1917B,  991. 

Liability  of  bank,  for  misappropriation 
of  collections  by  its  officers  or  em- 
ployees. 1917 A,  522. 

Officer  of  trust  company  named  as  trustee 
in  will  as  witness  to  its  execution. 
1915E,  832. 

Cancelation  of  deeds  and  notes  given  by  wife 
of  bank  cashier  to  save  him  from  prose- 
cution for  embezzlement.  1917D,  1170. 

Imputing  to  bank  knowledge  of  officer  or 
agent.  1915B,  1091;  1916C,  767; 
J916F,  822;  1917A,  519;  1917F,  300, 
303,  453. 

Estoppel  of  bank  by  acts  of  agents.  1917A, 
519. 

Liability  of  bank  for  embezzlement  by  presi- 
dent and  cashier.  1917A,  519. 

—  authority;  ratification. 

Estoppel  to  deny  authority  of.  1915B, 
1091. 

Power  of  president  to  bind  bank  to  make 
good  the  default  of  another.  1917F, 
1096. 

Power  of  president  to  bind  bank  to  pay 
postdated  check  on  day  of  its  date. 
1917F,  1096. 

Authority  of  cashier  to  make  agreement  in 
nature  of  guaranty.  1917A,  1021. 

Right  to  assume  that  vice  president  per- 
forming duties  of  cashier  is  acting 
within  his  authority.  1917E,  901. 

Binding  effect  of  acts  of  cashier  beyond 
scope  of  his  authority.  191 5B,  542. 

Delivery  by  bank  official  in  satisfaction  of 
his  own  debt  of  draft  or  certificate  of 
deposit  bearing  his  signature,  to  be 
satisfied  out  of  bank  funds.  1915B, 
1091. 

Ratification.     1917F,  303. 

—  liability. 

Annotation. 

Limitation  of  actions  against  directors 

for    malfeasance    or    nonfeasanre. 

1917A,  98O. 

Refusal  of  cashier  to  answer  questions  pro- 
pounded by  grand  jury.  1915D,  1061. 


Liability  as  bf.'lee  of  caehier  of  bank  who 
has  agreed  that  property  may  be  stored 
in  the  bank.  1915B,  542. 

Limitation  cf  time  for  action.    1917A,  971. 

Statute  creating  presumption  of  fraud 
against  officers  of  bank  upon  proof  of 
insolvency.  1915C,  716. 

Right  of  receiver  to  maintain  action  against 
directors  for  loss  caused  by  their  neg- 
ligence. 1917A,  971. 

Equity  jurisdiction  of  action  to  compel  di- 
rectors to  account  for  loss  caused  by 
their  negligence.  1917 A,  971. 

Right  of  action  against  heirs  of  deceased 
director  for  loss  caused  by  his  misman- 
age,ment.  1917A,  971. 

Bond  for  fidelity  of  cashier.    1917B,  984. 

Deposits  generally;  nature  of. 

Rights  in  deposit  in  insolvent  bank,  see 
infra. 

Annotations. 

Effect  of  devise  or  bequest  of  store, 
shop,  or  business  to  pass  bank,  de- 
posit. 1917D,  437. 

Effect  of  deposit  of  funds  belonging  to 
the  depositor  in  a  bank,  account  in 
the  name  of  himself  and  another. 
1917C,  55O. 

Presumption  and  burden  of  proof  as  to. 
1916C,  6. 

Gift  of  bank  deposit.  1915B,  396;  1917D, 
357,  852. 

Enforcing  alimony  oblif  tions  of  nonresi- 
dent served  only  by  publication  out  of 
h:s  bank  deposit  in  a  local  bank. 
1917F,  1159. 

Liability  of  bank  for  embezzlement  of  de- 
posit by  officers.  1917A,  519. 

Injunction  against  withdrawal  of  funds 
from  bank  by  labor  organization. 
1915E,  1006. 

General  deposit  of  money  as  a  bailment. 
1915A,  728. 

Presumption  as  to  title  to  check  presented 
for  deposit.  1915B,  720. 

Effect  of  entries  made  by  bank  officer  on  de- 
posit of  check,  to  prove  assignment  of 
instrument  deposited.  1917D,  1002.  . 

Liability  for  interest,  of  bank  withholding 
attached  deposit  because  of  claim  there- 
to by  stranger.  1917B,  938. 

Garnishment  of  deposit.  1915D,  139; 
1917B,  588,  938. 

Deposit  of  money  by  owner  to  credit  of  him- 
self or  another.  1917C,  548. 

Joint  tenancy  in  bank  account.  .  1916C,  679. 

Special  deposit.  1915B,  342;  1916C,  6; 
1917A,  519,  680. 

Trust  in  deposit  of  public  funds.  1917A, 
680. 

Deposit  by  executor  of  funds  of  estate  in 
his  individual  bank  account.  1916F, 
1059. 

Deposit  of  corporate  funds  by  officer  to  his 
own  credit.  1915B,  715,  720. 

General  deposit  of  trust  funds  by  trustee; 
validity.  1916C,  6. 


42 


BAXKS. 


Bank's  control  over  deposits;  applica- 
tion of. 

Annotation. 

Effect  upon  surety  or  indorser  of  "bank'* 
failure  to  apply  principal's  deposit 
account  upon  note.  1917F,  266. 

Effect  to  release  surety  of  failure  of  bank 
holding  note  payable  at  its  place  of 
business  to  apply  maker's  deposit  ac- 
count thereon.  191 7F,  263. 

Claim  of  accommodation  maker  of  note  to 
release  because  of  failure  to  apply  de- 
posit account  to  the  note.  1916C,  767. 

Liability  of  administrator  requesting  bank 
to  hold  deposit  against  claimant  to  re- 
imburse bank  for  interest  which  it  is 
compelled  to  pay  on  legal  establish- 
ment of  the  claim.  1915E,  797. 

Estoppel  to  enforce  liability  of  bank  as  to. 
1915C,  518. 

Effect  of  bank's  right  to  apply  deposit  on 
note  of  third  person  to  toll  running  of 
limitations.  1915E,  794. 

Application  on  debt  due  bank  generally. 
1915A,  715,  728;  1916C,  531;  1917C, 
129;  1917F,  460. 

Effect  of  acceptance  of  check  in  payment  of 
overdue  note  with  knowledge  of  cus- 
tomer's insolvency.  1910A,  683. 

Effect  of  certification  of  check  sent  by  col- 
lecting bank  to  insolvent  correspondent 
on  right  to  set  off  such  check  against 
deposit  in  the  .insolvent  bank.  1916C, 
186. 

Duty  as  to  trust  funds.  1915A,  728;  1915C, 
"518,  531;  1916F,  1059;  1917F,  460. 

Right  of  depositor  in  insolvent  bank  to  set 
off  deposit  against  debt  due  bank. 
1915A,  299;  1915D,  403. 

Payment  of  checks;  forgeries. 

—  in   general. 

Right  of  holder  of  check  to  maintain  action 
against  bank  for  amount  thereof. 
1915C,  531;  1916C,  161;  1916D,  433. 

Failure  to  pay  check  as  proximate  cause  of 
arrest  of  drawer  on  charge  of  issuing 
check  with  intent  to  defraud.  1916A, 
1220. 

Measure  of  damages  for  failure  to  pay 
check.  1916A,  1220. 

Power  of  president  to  bind  ba"k  to  pay 
postdated  check  on  dav  of  its  date. 
1917F,  1096. 

Duty  of  bank  receiving  ordinary  commercial 
check  drawn  by  one  having  no  commer- 
cial account,  to  apply  savings  account 
thereto.  1916A,  1220. 

Evidence  of  authority  of  drawer  of  check. 
1915B,  720. 

Liability  of  bank  which  honors  a  memo- 
randum check  by  its  president  in  his 
own  favor  upon  the  account  of  a  cus- 
tomer. 1917F,  300. 

Fact  that  bank  draft  issued  by  small  vil- 
lage bank  was  made  payable  to  order 
of  defendant  bank  as  putting  latter  on 
inquiry  as  to  ownership  of  proceeds 
before  paying  same.  1915B.  ?87. 


Paying  out  money  on  checks  of  persons  as- 
suming, without  authority,  to  act  as 
executors.  1915E,  309. 

Payment  of  corporate  check  signed  by  offi- 
cer and  drawn  to  his  own  order. 
1915B,  715. 

Payment  upon  checks  of  wife  alone,  of 
money  deposited  by  husband  to  joint 
account  of  husband  and  wife.  1915D, 
920. 

Individual  check  of  fiduciary.  1915B,  715; 
1915E,  309;  1916E,  610;  1916F,  1059. 

Effect  of  drawer's  death.     1916A,  711. 

Stopping  payment.  1915D,  402;  1916E, 
537;  1916F,  826. 

—  forgeries. 

Annotation. 

Right  of  holder  of  check,  against  bank 
which  caslies  it  on  a  forged  in- 
dorsement and  then  collects  it  from 
the  drawee.  1917 A,  148. 

Who  must  bear  loss  of  payments  on  forgery 
of  travelers'  checks.  1917F,  558. 

Payment  of  traveler's  checks  on  forged  sig- 
nature. 1917F,  554. 

Right  of  administrator  to  ratify  order  upon 
decedent's  bank  account  which  he  had 
forged  so  as  to  absolve  the  bank  from 
liability.  1915E,  840. 

Recovery  back  by  drawee  of  amounts  paid. 
1915A,  77;  1915D,  1138;  1915E,  537; 
1916E,  1296. 

Forged  indorsement.  1915B,'  815;  1916E, 
537,  906;  1917A,  145;  1917E,  673. 

Duties  and  liabilities  of  depositor.  1915B, 
815;  1915D,  741;  1916E,  906. 

Certificate  of  deposit. 

Effect  of  renewal  of  certificate  of  deposit  to 
work  a  novation.  1916B,  168. 

Collections. 

—  in  general. 

Misappropriation  of,  by  bank  agents,  see 
supra. 

Annotations. 

Loss  of  check  after  it  had  been  credited 
to  depositor's  account.  1917  A, 
658. 

Responsibility  of  holder  of  paper  as  col- 
lateral security  for  default  of  those 
to  whotn  the  paper  is  intrusted  for 
collection.  1917E,  5O9. 

Binding  effect  on  one  purchasing  note  of 
bank,  of  its  custom  to  make  collections 
for  such  purchaser.  1915E,  395. 

Loss  in  mail  of  check  forwarded  by  bank 
for  collection.  1017A,  655. 

Title  to  paper.     1917D,  1002. 

Bank  which  receives  sight  draft  with  bill 
of  lading  attached  as  a  holder  for  value 
or  a  mere  agent  for  collection.  1917E, 
374. 


BANKS— BANNER. 


•13 


Effect  of  delay  of  one  issuing  check  in  pay- 
ment of  forged  note  to  assert  hjs  right 
to  proceeds  against  bank  collecting  it. 
1915B,  725. 

Promptness  in  making  collection  or  giving 
notice  of  failure.  1917A,  655. 

Negligence  in  making  presentation  and  pro- 
test. 1917F,  864. 

Liability  for  negligence  of  correspondent. 
1917E,  506. 

—  insolvency. 

Annotation. 

Trust   in  .proceeds   of   collection   made 

by  a  bank,  when  insolvent.    1917F, 

603. 

Effect  of  certification  of  check  sent  by  col- 
lecting bank  to  insolvent  correspondent. 
1916C,  186. 

Trust  in  proceeds  of  draft  collected  by  insol- 
vent bank.  1917F,  600. 

Other  transactions;   discounts,  etc. 

Usury  in,  see  USURY. 

Right  to  plead  ultra  vires  as  defense. 
1917A,  737,  740. 

Right  of  bank  becoming  holder  in  due  course 
of  sight  draft  with  bill  of  lading  at- 
tached to  enforce  payment  of  draft  and 
protest  fees  against  drawer.  1917E, 
374. 

Rights  and  liability  of  bank  paying  draft 
with  bill  of  lading  attached.  1915A, 
881;  1916D,  709. 

Bank  as  bona  fide  holder  of  check.  1915B, 
725. 

Lack  of  mutuality  in  contract  by  bank  to 
lend  money.  1916F,  501. 

Breach  of.  contract  to  loan  money.  1916F, 
501. 

Duress  in  demanding  premium  for  accept- 
ance of  sum  due  on  long-time  loan  and 
release  of  security.  1915B,  498. 

Guaranty.     1917A,  737,  1021. 

Pledge  of  assets.    1917A,  696. 

Insolvency. 

Of  savings  bank,  see  infra. 

Annotations. 

Right  to  preference  in  respect  to  public 

fund   in    banJc   which   subsequently 

becomes  insolvent.     19 17 A,  683. 
Pledge  of  securities  by  insolvent  bank 

as        an        unlawful       preference. 

1917 A;  7O1. 

Set-off  in  case  of.     1915A,  299;  1915D,  403. 

Limiting  time  for  action  by  bank  to  recover 
propertv  seized  by  bank  superintendent. 
1915E,  "675. 

Effect  of  appearance  by  state  bank  commis- 
sioner in  suit  by  creditor  of  insolvent 
bank.  1915F,  623. 

Intervention  in  proceedings  to  wind  up  in- 
solvent bank.  1915A,  299. 

Lien  on  assets  of  bankrupt  banker.  1.915B, 
438. 


Officer's  liability  on  bond  for  loss  by  failure 
of  bank.  1915D,  481. 

Statute  creating  presumption  of  fraud 
against  officers  of  bank  upon  proof  of 
insolvency.  1915C,  716. 

Right  of  receiver  to  maintain  action  against 
directors  for  losses  caused  by  their  neg- 
ligence. 1917 A,  971. 

Liability  of  heirs  of  deceased  director  of  in- 
solvent bank  for  losses  caused  by  his 
mismanagement.  1917A,  971. 

Fraudulent  sale  by  insolvent  bank  of  shares 
of  its  capital  stock.  1915D,  792. 

Estoppel  of  bank  to  deny  statements  con- 
cerning deposit  to  credit  of  another  in- 
solvent bank.  1915D,  935. 

Necessity  of  leave  of  banking  commissioner 
to  sue  a  receiver  of  an  insolvent  bank. 
1917D,  1002. 

Necessity  of  joining  general  creditors  of  an 
insolvent  bank  in  action  against  receiver 
to  establish  preference.  1917D,  1002. 

Right  of  one  depositing  check  and  receiving 
back  certified  check  for  smaller  amount, 
to  return  the  certified  check  and  recover 
the  amount  of  his  own  check,  which  was 
collected  by  the  receiver  after  bank's 
insolvency.  1917D,  1002. 

Right  of  one  who  has  deposited  checks  on 
account  to  stop  payment  and  reclaim 
them  from  the  bank's  receiver.  1915D, 
402. 

Payment  of  claimant  of  bank's  assets  in 
the  hands  of  the  bank  commissioner  or 
out  of  the  state's  guaranty  fund.  1915F, 
623. 

Trust  fund  generally.  1915F,  623;  1916C, 
6,  10,  12;  1916F,  822. 

Trust  in  public  funds.  1916C,  1;  1917 A, 
680. 

Taking  deposit  while  insolvent.  1917D, 
1002. 

Unlawful  preferences.     1917A,  696. 

Savings  bank. 

Validity  of  exclusion  of  mutual  savings 
banks  from  operation  of  Federal  income 
tax.  1917D,  414. 

Gift  of  deposit.     1915B,  396. 

Duty  of  bank  receiving  ordinary  commercial 
check  drawn  by  one  having  no  commer- 
cial account  to  apply  savings  account 
thereto.  1916A,  1220. 

Insolvency;  duty  of  trustees.     1916C,  6. 

Crimes. 

Statute  creating  presumption  of  fraud 
against  officers  of  bank  upon  proof  of 
insolvency.  1915C,  716. 


BANK  SUPERINTENDENT. 

See  STATE  BANK  SUPEBIXTENDENT. 


BANNER. 

Liability  of  contractor  erecting  banner  for 
injury  by  fall  after  work  has  been  ac- 
cepted. 1917C,  907. 


BAR— BAWDYHOUSE. 


BAR. 

Of  judgment,  see  JUDGMENT. 

Of  limitation,  see  LIMITATION  OF  ACTIONS. 


BARBED  WIRE. 

Negligence  of  abutting  owner  in  permitting 
barbed  wire  to  extend  into  street. 
1917E,  809. 


BARBERS. 

Annotation. 

Bartering    as    a    work    of    necessity. 
1917B,   97. 

Bartering  on  Sunday  as  work  of  necessity. 
1917B,  93.     • 

*»» 


BAR   FIXTURES. 

Valuation  of  insured  bar  fixtures  where  pro- 
hibition is  adopted  after  policy  is  is- 
sued. 1915E,  489. 


BARN. 

Liability  of  one  erecting,  for  consequent  de- 
preciating in  value  of  adjoining  prop- 
erty. 1917D,  772. 


BARRIER. 

Annotation. 

Sufficiency  of  barrier  or  railing  main- 
tained in  highway.  1917D,  756. 

At  dangerous  place  in  highway.  1915E,  597, 
1067;  1915F,  973;  1916C,  379;  1916F, 
1216;  1917D,  754. 


BARTENDER. 

Judicial  notice  as  to  danger  of  bartender's 
\          position.     1916F,  957. 
Recovery    under    Workmen's    Compensation 

Act  for  assault  on,  by  drunken  patron 

of  saloon.     1916F,  957. 
Liability   for   act   of   bartender   in   pouring 

alcohol  over  foot  of  guest  and  setting 

fire  thereto.     1916E,  269. 


BASEBALL. 

Right  of  baseball  club,  inducing  player  to 
break  his  contract  with  other  club  and 
enter  its  employment,  to  injunction  to 
prevent  his  violating  terms  of  hi» 
agreement.  1915A,  820. 

Release  by  baseball  club  of  services  of  ball 
player  under  contract  with  it  to  enter 
club.  1917F,  841. 


BASTARDY. 

Effect  of  illegitimacy  on  right  to  inherit,  see 
DESCENT  AND  DISTRIBUTION. 

Legitimation  of  bastard,  see  PARENT  AND 
CHILD. 

Annotations. 

Effect  of  insertion  of  unauthorized  pro- 
visions in  bastardy  bond.  1917B, 
994. 

Exhibition  of  child  for  purpose  of  de- 
termining paternity.  1917B,  1148. 

Right  to  jury  to  ascertain  expenses  incident 
to  birth  of  child.  1917B,  1143. 

Prejudicial  error  in  admission  of  evidence. 
1917B,  1143. 

Right  of  married  mother  in  bastardy  pro- 
ceedings to  testify  to  nonaccess  of  hus- 
band. 1916B,  1052. 

Sufficiency  of  proof  in  prosecution  for. 
1915F,  1087. 

Exhibition  of  infant  to  jury.     1917B,  1143. 

Right  to  enter  order  for  payment  of  money 
against  defendant.  191 5E,  314. 

Right  of  defendant  in  prosecution  for  bas- 
tardy to  dismissal  on  death  of  the 
bastard.  1915E,  314. 


BATH    HOUSE. 

Annotation. 

Municipal  liability  for  injury  from  de- 
fects in.  1917E,  695. 

Liability  of  municipality  for  injury  by  col- 
lapse of.  1917B,  1285. 

Liability  of  person  maintaining  bathhouse 
for  negligent  injury  to  patron.  1915D, 
442. 


BATTERY. 

See  ASSAULT  AND  TATTEBT. 


BAWDYHOUSE. 

See  DISORDERLY  HOUSES. 


BED  COMFORTERS— BERTH. 


45 


BED  COMFORTERS. 

Forbidding  use  of  secondhand  material  in 
making.     1916C,  775. 


BELIEF. 

Of  person  making  false  representation,  see 
FBAUD  AND  DECEIT. 


BENEFICIARIES. 

In  insurance  policy,  see  INSURANCE. 
In  will,  see  WILLS. 


BENEFITS. 

Estoppel  by  receiving,  see  ESTOPPEL. 

Restoration   of,   on   rescission   of   contract. 

1916F,   476;    1917A,   671. 
Necessity    of,    to    sustain    assessment    for 

drainage  ditch.     1915D,  249. 
Making  public  improvement  assessments  in 

proportion  to  benefits.     1915D,  772. 


BENEVOLENT    SOCIETIES. 

In  general. 

Local  lodges. 

Constitution,  rules  and  by-laws. 

Membership;   expulsion;   liability. 


In  general. 

Jurisdiction  over,  see  COURTS. 
Insurance  by,  see  INSURANCE, 

Exemption  of,  from  taxation.     1915C,  694. 

Instrument  given  by  grand  lodge  of  frater- 
nal society  in  payment  of  a  death  claim 
as  in  legal  effect  an  ordinary  bank 
check.  1916B,  815. 

Imputing  to  society,  officer's  knowledge  of 
his  own  wrong.  1915B,  815. 

Payment  by  bank  of  check  of  fraternal  order 
on  forged  indorsement.  1915B,  815. 

Liability  of  benevolent  society  for  acts  of 
employee  in  carrying  rules  into  effect. 
1916B",  F35. 

Injunction  against  unfair  use  of  corporate 
name.  1915B,  1074. 

Right  of  benevolent  society  to  restrain  use 
by  similar  order  of  colors  of  the  order 
and  titles  of  its  officers.  1915B,  1074. 

Local  lodges. 

Liability  of  supreme  body  for  injury  inflict- 
ed upon  candidate  by  local  lodge  in 
initiating  him  into  the  order.  1917C, 
469. 


Constitution,   rules,   and  by-law::. 

Liability  for  injury  to  practice  of  physician 
by  enforcement  of  rules.  1916B,  835. 

Collusiveness  on  courts  of  provisions  in 
beneficiary  certificates  and  constitution 
of  the  crder.  1917E,  995. 

Duty  of  members  of  fraternal  society  to 
exhaust  remedies  provided  by,  before 
resorting  to  civil  courts.  1917E,  995. 

Determining  terms  of  contract  between 
society  and  member  by  constitution  and 
laws  existing  at  beginning  of  member- 
ship and  as  lawfully  amended.  1915A, 
264. 

Changes  in.     1916A,  765,  771. 

Membership;   expulsion;  liability. 

Annotations. 

Liability  of  benevolent  or  fraternal  so- 
ciety for  injury  to  person  during 
initiation  or  expulsion.  1917C, 
476. 

Damages  recoverable  by  member  for 
breach  of  contract  by  mutual  bene- 
fit association.  1917E,  1O35. 

Member  of  unincorporated  society  as  mem- 
ber of  new  corporation  upon  incorpora- 
tion of  the  association.  1916F,  919. 

Determining  contract  between  society  and 
member  by  constitution  and  laws. 
1915A,  264. 

Duty  of  members  of  fraternal  society  to 
exhaust  all  remedies  within  the  order 
before  resorting  to  civil  courts.  1917E, 
995. 

Extent  of  recovery  by  member  on  breach  by 
society  of  its  contract  with  him. 
1917E,  1032. 

Expulsion.     1915F,  1056. 


BENZIN. 

/innotatt'on. 

Keeping     of,      on     injured     premises. 
1917C,    278. 


BENZOL. 

Annotation. 

Keeping     of,      on     insured     premises. 
1917C,  278. 


BEQUEST. 


See  WILLS. 


BERTH. 

Duty    to    provide    passenger    with    berth. 
1915B,  1202. 


46 


BERTH— BTLLS  AND  NOTES. 


Prohibiting  letting  down  of  unengaged 
upper  berth  in  sleeping  car  when  lower 
berth  is  occupied.  1916A,  1133. 


BEST    AND     SECONDARY 
EVIDENCE. 


See  EVIDENCE. 


BETTING. 


See  GAMING. 


BEVERAGE. 

Liability  of  bottler  of,  for  injury  to  con- 
sumer by  foreign  substance  in  bottle. 
1916B,  877. 

Explosion  of  bottle  of  carbonated  drink  as 
proof  of  negligence.  1916E,  1074. 


BIAS. 

Effect  of,  on  competency  of  juror.     1916E, 

1264. 
Of  juror  as  ground  for  setting  aside  verdict. 

1915D,  569. 
Of  juror,  as  ground  for  new  trial.     1917B, 

246. 
Disqualification  of  judge  by.     1915E,  858. 


BIBLE. 

Reading  of,  in  schools.     1915D,  941. 


BICYCLE. 

Annotation. 

Contributory  negligence  of  child  riding 

bicycle      across      railroad      trade. 

1917F,  158. 

Injury    to    bicycle    rider    by    automobile. 
1916A,  744. 


BID. 

At  auction,  see  AUCTIONS. 

For  public  contracts,  see  CONTRACTS. 

Withdrawal   of,   after    acceptance.     1917D. 
741. 


BIGAMY. 

Sufficiency  of  voidable  marriage  to  sustain 
prosecution  for  bigamy.     1916C,  686. 


In  remarriage  before  common-law  marriage 

is  dissolved.     1916F,  793. 
Effect    of    invalidity    of    foreign    decree    of 

divorce  on  liabilitv  for  bigamy.    1915E, 

87. 


BILLIARDS. 

Annotation. 

As  proper  subjects   for   police   regula- 
tion.     1917E,   318. 


BILL  OF  EXCEPTIONS. 

On  appeal,  see  APPEAL  AND  EBROB. 


BILL     OF     REVIEW. 

See  REVIEW. 


BILL  OF  SALE. 


As  violation  of  condition  in  insurance  poli- 

cy.    1915D,  812. 
Parol  evidence  to  explain.     1916A,  588. 


BILLS    AND    NOTES. 

In  general. 

Validity  generally;  delivery. 

Consideration. 

Negotiability. 

—  in  general. 

—  certainty    as    to    maturity    and 

amount. 
Acceptance. 

Indorsement  and  transfer  generally. 
Liability  of  indorser. 

—  in  general. 

—  indorsement    at    or    before    de- 

livery. 

—  restrictive    indorsements. 
Discharge  of  indorser. 
Presentment;  demand;  notice;  protest. 
Transfers  without  indorsement. 
Rights    and   liabilities    of   transferees 

generally. 

—  in  general. 

—  of  bona   fide  holders. 

Who  are  protected  as  bona  fide  hold- 
ers. 

—  in  general. 

—  knowledge:     notice;    facts     put- 

ting on  inquiry. 

—  taken   as    collateral    security   or 

for  antecedent  debt. 
Maturity;  extension;  renewal. 
Actions  and  defenses. 

—  in  general. 

—  defenses. 

Recovery  back  of  payments  made. 


BILLS  AND  NOTES. 


47 


In  general. 

Alteration  of,  see  ALTERATION  OF  INSTRU- 
MENTS. 

Stipulation  in,  for  attorneys'  fec~,  see  AT- 
TORNEYS' FEES. 

As  to  certificate  of  deposit,  see  BANKS. 

Draft  with  bill  of  lading  attached,  see  BILLS 
OF  LADING. 

Conflict  of  laws  as  to,  see  CONFLICT  OF 
LAWS. 

Secured  by  duress,  see  DURESS. 

Parol  evidence  as  to,  see  EVIDENCE. 

Guaranty  of,  see  GUARANTY. 

As  to  premium  note,  see  INSURANCE. 

Collateral  security  for,  see  PLEDGE  AND  COL- 
LATERAL SECURITY. 

Surety  on,  see  PRINCIPAL  AND  SURETY. 

As  to  travelers'  checks,  see  TRAVELERS' 
CHECKS. 

Usury  in,  see  USURY. 

Situs  of  note  for  purpose  of  taxation. 
1915C,  922;  1917B,  1282. 

Inheritance  tax  on.  1915C,  95;  1916A,  889, 
901. 

Gift  of.     1916E,  283;  1917E,  1060. 

Special  deposit  of.     1915B,  542. 

Estoppel  as  to.     1915A,  166. 

Ne  exeat  to  prevent  nonresident  from  re- 
moving notes  from  state  so  as  to  pre- 
vent enforcement  of  set-off.  1915C, 
403. 

Possession  of  note  by  one  payee  as  pre- 
sumptively possession  of  both.  1916D, 
761. 

Authority  of  agent  as  to.  1915F,  777; 
1916C,  110,  125. 

Authority  to  receive  payment  on.  1915E, 
395;  1916B,  856. 

Replevin  to  recover  paid  note.     1916E,  536. 

Stipulation  in,  for  payment  of  increased 
interest  in  case  of  default  in  payment. 
1916A,  721. 

Payment  out  of  bank  deposit.     1915A,  728. 

Damages  for  breach  of  contract  to  manu- 
facture logs  into  lumber  and  pay  ac- 
commodation notes  with  proceeds. 
1916F,  3. 

Contribution  between  joint  makers  of  note 
where  one  has  paid  the  note.  1915A, 
898. 

Validity  of  trust  deed  to  secure  payment  of 
void  note.  1916A,  1049. 

Venue  of  action  to  compel  surrender  of 
note  and  mortgage  securing  it.  1917F, 
905. 

Variance  between  pleading  and  proof  in 
action  to  foreclose  mortgage  securing 
note.  1916A,  1049. 

Consideration  for  agreement  to  release 
principal  of  note.  1916C,  384. 

Lien  on  homestead  for  money  loaned  to  re- 
tire purchase  money  notes.  1915E,  875. 

Right  to  issue  corporate  bonds  to  secure 
note.  191 6E,  563. 

Liability  of  corporate  officers  on.  1915A, 
590;  1915E,  1047;  1916B,  672. 

Payment  by.     1916A,  669. 

Premium  notes.     1915A,  686. 

Accommodation  paper;  what  constitutes. 
1916A,  1049,  1215. 


Validity  generally;  delivery. 

Validity  as  to  transferee,  see  infra. 

Question  for  jury  as  to.  1917E,  535. 
Note  made  on  Sunday.  1917C,  582. 
Validity  of  stipulation  for  attorneys'  fees. 

1915B,  928. 
Of   married   woman.      1L15B,   1116,    1916A, 

1049. 

By  intoxicated  person.  1915B,  1121. 
Delivery;  conditions.  1915F,  1157;  1916B, 

1048. 

Consideration. 

Effect  of  failure  of  consideration  on  trans- 
feree of  bill  or  note,  see  infra. 
Failure  of,  as  defense,  see  infra, 

Annotations. 

Consideration  for  note  given  to  make 
good  depletion  of  capital  or  assets 
of  ftanfc.  1917B,  688. 

Consideration  for  note  given  ~by  attor- 
ney or  agent  to  cover  loss  on  trans- 
.  actions  conducted  by  him  for  prin- 
cipal. 1917B,  696. 

Enforceability  of  a  note  given  in  pay- 
ment of  a  worthless  pre-existing 
obligation  of  another.  1911C,  842. 

Necessity  of  valid  consideration.  1917F, 
579. 

Question  for  jury  as  to  consideration. 
1917E,  535,  1060. 

Presumptions  and  burden  of  proof  as  to. 
1917C,  1005;  1917E,  535,  1060. 

Review  on  appeal  of  findings  as  to.  1917C, 
1005. 

Validity  of  gift  of  note.    1917E,  1060. 

Note  given  to  bank  as  collateral  to  worth- 
less note  of  third  party.  1917C,  840. 

Withdrawal  by  check  of  substantial  part  of 
credit  given  payee  of  notes  upon  pur- 
chase thereof  by  bank  as  a  payment  of 
a  valuable  consideration.  1916F,  209. 

Note  made  by  attorney  to  cover  loss  on  in- 
vestments made  by  him  for  his  client. 
1917B,  694. 

Agreement  to  pay  additional  compensation 
for  services,  to  be  rendered;  effect  of, 
fact  that  the  maker  may  have  con- 
sidered inadequacy  of  compensation  for 
past  services  in  fixing  amount.  1917E, 
1060. 

Note  given  for  overdue  interest  on  an  exist- 
ing note.  1916A,  1215. 

Moral  obligation.     1917E,  1060. 

Compromise  of  disputed  claim.     1915B,  11. 

Negotiability. 

—  in   general. 

Conflict  of  laws  as  to.  1915F,  1203. 
Effect  of  memorandum  on.  1916D,  632. 

—  certainty      as       to       maturity      and 

amount. 

Certainty    as    to    maturity.     1915B,     472; 

191 5F,  777;   1916D,  1280. 
Certainty  as   to  amount  generally.    1915D, 

1084;    1915F,  1203. 


48 


BILLS  AND  NOTES. 


Provision  for  attorney's  fees.     1916B,  672, 

697. 

Provision  for  discount.     3915E,  564. 
Higher    rate    of    interest    after    maturity. 

1915B,  1216. 

Acceptance. 

Acceptance  of  draft  by  telegram.  1916B, 
1021. 

Right  of  holder  to  require  that  acceptance 
be  written  on  the  bill.  1917F,  1096. 

Right  of  one  who  has  agreed  to  accept  draft 
for  certain  sum  to  refuse  payment  be- 
cause draft,  when  presented,  contains 
words  "with  exchange."  1916B,  1021. 

Acceptance  of  postdated  check  by  president 
of  bank  before  maturity  at  time  when 
there  is  no  money  of  the  drawer  in  the 
bank.  1917F,  1096. 

Indorsement  and  transfer  generally. 

Necessity    of    presentment    of    paper,    see 

infra. 
For  rights  of  indorsees,  see  infra. 

Failure  of  purchaser  of  note  to  disclose  that 
he  is  making  purchase  for  the  maker 
as  fraud.  1917A,  725. 

Indorsement  of  note  in  form  of  guaranty. 
1915C,  661. 

Liability  of  indorser. 

—  in  general. 

Rights  of  transferee  against  indorser,  see 
infra. 

Annotations, 

BigJit  of  an  infant  to  disaffirm  transfer 
of  note  by  indorsement.  1917B, 


Effect  upon  indorser  of  bank's  failure 
to  apply  principal's  deposit  account 
upon  note.  191  7F,  266. 

Pleading  as  to.     3916D,  220. 

Judgment  on  the  pleadings  in  action  against 

indorser.    1917B,  364. 
Disaffirmance  by  infants,  of  indorsement  of 

note.    1917B,  1172. 
Effect  of  simple  indorsement  by  payee  ;  tend- 

ency of  law  to  hold  indorsement  to  be 

a  commercial  indorsement  in  due  course. 

1917B,  364. 
Effect  of  indorsement  that  payment  is  guar- 

anteed, "protest  waived."     1917B,  364. 
Accommodation  indorsers.     1916C,  767. 

—  indorsement   at   or   before    delivery. 

Person   who  indorses  note   in  blank   before 

delivery      as      maker      or      guarantor. 

1916D,  290. 
Indorsement  by  maker  of  note  payable  to 

himself  and  another  as  implying  prom- 

ise   by    maker    to    pay    joint     payee. 

1916D,  761. 
Failure  to  follow  indorser's  instructions  aa 

to  coindorser  and  filling  blanks.   1915B, 

144. 


—  restrictive  indorsements. 

Annotation. 

Words  of  assignment  as  qualifying  in- 
dorsement. 1917B,  1167. 

Adding  words  "without  recourse"  or  others 
of  similar  import  to  indorser's  signa- 
ture. 1917A,  1165. 

Effect  of  statement  before  name  of  indorser 
that  he  transfers  "his  right,  title,  and 
interest"  in  note.  1917A,  1165. 

Indorsement  "pay  to  any  bank  or  banker" 
as  a  restrictive  indorsement.  1917E, 
74. 

Discharge  of  indorser. 

Rights  of  transferee  against  indorser,  see 
infra. 

Release  of  surety,  see  PRINCIPAL  AND  SURE- 
TY. ' 

Presentment;  demand;  notice;  pro- 
test. 

Right  of  bank  becoming  holder  in  due  course 
of  sight  draft  with  bill  of  lading  at- 
tached to  enforce  payment  of  draft  and 
protest  fees  against  drawer.  1917E, 
374. 

Transfers  without  indorsement. 

Rights  of  transferees  without  indorsement, 
see  infra. 

Negligence  of  collecting  bank  as  to.  1917F, 
864. 

Necessity  of  presentment  and  notice  of  pro- 
test to  hold  indorser.  1917F,  453. 

Necessity  of  presentment  or  demand  for 
payment  of  demand  note.  1915A,  728. 

Notice  by  mail.     1915E,  139. 

Waiver  of  notice.    1916B,  941. 

Rights  ant!  liabilities  of  transferees 
generally. 

—  in   general. 

Right  of  purchaser  of  note  to  subrogation, 
1915E,  395. 

Effect  on  rights  of  one  purchasing  note,  of 
custom  of  which  he  had  no  notice. 
1915E,  395. 

Right  of  indorsee  of  notes  given  for  auto- 
mobile who  retakes  the  car  on  default 
in  payment  of  one  note,  to  bring  a  suit 
on  the  notes.  1917F,  462. 

Right  of  indorsee  of  note  secured  by  col- 
lateral to  apply  collateral  to  other 
claims  held  by  him  against  maker. 
1915F,  968. 

Consideration  for  transfer  of  note.  1917C, 
582. 

Defense  that  note  was  made  on  Sunday 
in  action  by  transferee.  1917C,  582. 

Note    taken    after    maturity.      1917F,    916. 

Transfers  without  indorsement.  1915C, 
661. 

Failure  of  consideration.  1915D,  1084, 
1099. 

—  of  bona  fide   holders. 

Of  check,  see  CHECKS. 


BILLS  AND  NOTES. 


49 


Eights  of  purchaser  from  bona  fide  holder. 
1915D,  271. 

Eight  of  one  signing  blank  note,  to  holder 
for  value,  although  it  is  perverted  to 
an  unauthorized  purpose.  1917F,  453. 

Lost  or  stolen  note.     1915E,  351. 

Who  are  protected  as  bona  fide  hold- 
ers. 

—  in  general. 

Who  are  bona  fide  holders  of  checks,  see 
CHECKS. 

Presumption  and  burden  of  proof  as  to. 
1916F,  209,  916. 

Sufficiency  of  evidence  to  overcome  pre- 
sumption of  bona  fides.  1916D,  624. 

Prejudicial  error  in  exclusi'on  of  evidence 
as  to.  1916F,  209. 

Indorsee  as  bona  fide  holder  against  infant 
indorser.  1917B,  1172. 

Purchaser  of  note  transferred  by  indorse- 
ment that  payment  is  guaranteed  and 
"protest  waived,"  as  an  "indorsee"  en- 
titled to  protection  as  innocent  pur- 
chaser. 1917B,  364. 

Bank  which  receives  sight  draft  with  bill 
of  lading  attached  containing  general 
indorsement  as  holder  for  value. 
1917E,  374. 

—  knowledge;  notice;  facts  putting  on 

inquiry. 

Notice  to  holder  of  check,  see  CHECKS. 

Cross-examination  of  witness  to  show  notice 
to  indorsee.  1916F,  209. 

Effect  of  notice  of  infirmities  on  rights  of 
purchaser  for  value  before  maturity. 
1915F,  1203;  1916D,  632. 

Rights  of  holder  who  takes  note  under 
suspicious  circumstances,  or  in  wilful 
ignorance.  1916D,  1280. 

Imputing  to  corporate  officer  to  whom  note 
is  transferred  by  corporation  knowledge 
of  corporation  as  to  infirmities.  1915D, 
1099. 

Effect  of  indorsement  of  partial  payments 
on  note  as  notice  of  infirmity.  1916F, 
209. 

Effect  of  indorsement  that  prior  indorser  is 
to  receive  a  specified  amount  on  pay- 
ment thereof.  191 6D,  632. 

Certification  before  maturity  of  postdated 
check  as  notice  that  certification  was 
beyond  authority  of  the  officer  making 
it.  1917F,  1096. 

Knowledge  that  note  was  given  in  considera- 
tion of  executory  agreement  of  payee, 
which  has  not  been  performed.  1915F, 
1203. 

Knowledge  by  transferee  that  draft  had 
been  given  in  payment  of  cattle  as 
charging  transferee  with  notice  of 
fraud  resulting  from  existence  of  chat- 
tel mortgage  on  cattle.  1917A,  704. 

Taken  from  officer  of  corporation  or  bank. 
1915B,  1091:  1917C,  485. 

—  taken   as    collateral   security   or   for 

antecedent  debt. 

Presumption  as  to  bad  faith  in  taking  note. 
191  OP.  1280. 

L.R.A.  T*.  Index  1915-17. — 4. 


Reclaiming  proceeds  of  draft  obtained  by 
fraud  from  third  person  who  had  ac- 
cepted draft  in  payment  of  pre-existing 
debt.  1917A,  704. 

Maturity;  extension;  renewal. 

Effect  of  uncertainty  as  to  maturity  on  ne- 
gotiability, see  supra, 

Annotation. 

Time  of  payment  of  obligation  purport- 
ing to  be  payable  on  specified  event, 
the  happening  of  which  is  wholly 
or  .partially  within  the  control  of 
the  promisor.  1917  B,  1O5O. 

Maturity  of  demand  note;  effect  of  Nego- 
tiable Instruments  Act.  1915A,  728. 

Maturity  of  note  payable  when  certain  land 
is  so'd.  1917B,  1048. 

Effect  of  provision  in  mortgage.  1917B, 
1048. 

Effect  on  maturity,  of  collateral  provision 
that  note  will  be  extended  from  year  to 
year  upon  payment  of  a  portion  of  the 
principal.  1915E,  399. 

Effect  of  renewal  of  conditional  sale  note 
to  extinguish  the  old  note  so  as  to 
postpone  it  to  intervening  mortgage  by 
vendee.  1916A,  926. 

Power  of  maker  or  other  parties  to  note  to 
extend  time  of  payment  without  consent 
of  payee  or  holder.  1916D,  1280. 

Waiver  by  indorser  of  notice  of  extension 
of  time  for  payment  as  waiver  also  of 
notice  of  dishonor.  1916B,  941. 

Actions  and  defenses. 
—  in  general. 

Annotations. 

Do  presumptions  which  attach  to  com- 
mercial paper  necessarily  entitle 
the  holder  to  go  to  the  jury. 
1917E,  537. 

Admissibility  of  parol  evidence  to  show 
that  a  bill  or  note  \vas  delivered 
upon  condition.  1917C,  3O6. 

Right  of  one  holding  note  against  partner- 
ship to  maintain  action  on  promise  of 
third  person  purchasing  interest  of  one 
partner  to  pay  his  partnership  liabili- 
ties. 1915A,  779. 

Presumption  and  burden  of  proof.  1915B, 
475;  1916A,  731:  1916D,  761;  1916F, 
209;  1917E,  1060;  1917F,  916. 

Pleadings;  amendments.  1916D,  220; 
1917C,  840;  1917F,  579. 

Verification  of  pleading.     191 6A,  731. 

Prejudicial  error  in  refusing  to  permit  fil- 
ing of  plea  of  res  judicata.  191 6D,  220. 

Judgment  on  the  pleadings  in  action  on 
note.  1917B,  364. 

Cross-examination  of  witness  in  action  on. 
1916F,  209. 

Record  on  appeal.     1916D,  220. 

Prejudicial  error  in  exclusion  of  evidence. 
1916F,  209. 

Review  on  appeal  of  verdict.     1916D,  1280. 


BILLS  AND  NOTES— BLASTING. 


Reversal   of   judgment  on   appeal.     191 6D, 

1280. 

Set-off  in  action  on  note.    1917C,  129. 
Power  of  court  to  add  attorneys'   fees  to 

amount  of   recovery   on   note.     1916F, 

548. 

—  defenses. 

As  to  uotes  transferred  or  assigned,  see 
supra. 

Annotation. 

Sufficiency  of  general  averment  of  want 
of  consideration.  1917F,  581. 

Sufficiency  of  pleading  as  to.     1917F,  579. 

Estoppel'to  set  up  defense.     191 5A,  166. 

Burden  of  establishing.    1917E,  1060. 

Payment  of  note  which  will  discharge  lia- 
bility of  maker  under  Negotiable  In- 
struments Act.  1917A,  725. 

Effect  of  revocation  of  provision  in  will  for 
payment  of  note.  1917C,  1005. 

Claim  of  accommodation  maker  of  note  to 
release  because  of  failure  to  apply  de- 
posit account  to  the  note.  1916C,  767. 

Defense  to  note  given  for  insurance  pre- 
mium. 1915A,  686. 

Subsequent  bankruptcy  of  corporation  to 
which  note  was  given  for  stock.  1915A, 
464. 

Effect  of  fraudulent  intent  that  note  shall 
be  returned  as  defense  to  action  there- 
on. 1916A,  1215. 

Want  or  failure  of  consideration.  1915A, 
464;  1917B,  684;  1917C,  485;  1917F, 
579. 

Defense  that  note  was  made  on  Sunday. 
1917C,  582. 

Duress.    1917B,  684;  1917F,  579. 

Forged  paper.     1915A,  166. 

Recovery  back  of  payments   made. 
Recovery   of   money   paid   on    forged   draft 

against       United       States       Treasury. 

1915D,  797. 


BILLS     OF     EXCEPTIONS. 

On  appeal,  see  APPEAL  AND  ERROR. 


BILLS    OF    LADING. 

Rights  of  holder  of,  as  against  carrier  gen- 
erally, see  CARRIERS. 

Liability  of  carrier  delivering  freight  with- 
out requiring  production  of.  1917D, 
481. 

Right  of  bank  to  credit  proceeds  of  draft 
against  bill  of  lading  taken  by  ware- 
houseman in  his  own  name  for  account 
belonging  to  the  customer  upon  over- 
draft account  of  the  warehouseman. 
1915A,  715. 

Election  of  remedy  by  one  purchasing  car 
of  wheat  under  false  bill  of  lading. 
1916C,  429. 


Right  of  carrier  induced  by  shipper  to  issue 
bill  of  lading  representing  car  to  con- 
tain more  wheat  than  it  actually  con- 
tained to  indemnity  from  shipper  from 
resulting  liability  to  third  person. 
1916C,  429. 

Rights  and  liabilities 'of  transferee.  1915A, 
881;  1916D,  709. 


BIRTH. 

Evidence    on    question    of    date    of    birth. 
1915F,  803. 


BISHOP. 

Liability   of,   for   acts   of   priests.      1915B, 
825. 


BLACKLISTING. 

Injunction    against.      1916C,    218;     1917F, 
755. 


BLANKS. 

Authority    to    fill    blanks    in    instrument. 

1916F,  1263. 
Liability    of    one    signing    note    in    blank. 

1915B,  144;  1917F,  453. 


BLASTING. 

Annotation. 

Liability,  in  absence  of  negligence,  for 
damages  to  land  or  buildings  from 
substances  thrown  in  blasting. 
1917A,  1O16. 

Evidence  in  action  for  injury  by.  1916D, 
311. 

Measure  of  dan.aees  for  injurv  to  property 
by.  1916D,  101. 

Effect  of  employment  of  independent  con- 
tractor on  liability  for  injury  by. 
lOltiD,  101. 

Injury  through  fright  caused  by.  ]915D, 
834;  1916E,  743. 

Injury  to  servant  by.  1915F.  578:  1016D, 
311:  1917C,  328". 

Injury  by,  to  property  on  adjoining  lot. 
1917A,  1015. 

Injury  to  property  by  blasting  in  street 
under  municipal  authority.  1915D, 
10SO. 

Injury  to  neighboring  property  from  con- 
cussion and  vibration.  3915E,  356; 
1916D,  101;  1916F,  897. 


BLASTING  POWDER— BOAT  LIVERY. 
BLASTING   POWDER.  BLUE  SKY  LAWS. 


51 


Use  of,  in  blasting,  see  BLASTING. 

Claim  for,  as  within  protection  of  contrac- 
tor's bond.    1917A,  336. 


BLIND    PERSON. 

Annotations. 

Duty  toward  blind  persons  or  persons 
^vith  defective  eyesight  as  to  con- 
dition of  streets.  1917C,  126. 

Effect  of  blindness,  on  failure  to  read 
contract  as  affecting  right  to  as- 
sert fraud  in  respect  thereto. 
1917F,  645. 

Injury  to,  on  highway.    1917C,  120. 

When   will    of,    is    signed    by   witnesses    in 

his  presence.     1916C,  946. 
Recovery    for    blindness    under    Workmen's 

Compensation  Act.    1916A,  279. 


BLIZZARD. 

Loss    of    goods    by,   during    transportation. 
1915D,  547. 


BLOODHOUNDS. 

Annotation. 

Evidence    of    trailing    of    persons    l>y. 
1917E,    ISO. 

Evidence  as  to  trailing  of  criminal  with. 
1916D,  1295;  1917E,  726. 


BLOOD  POISONING. 

Annotation. 

Liability  on  accident  policy  for  sickness 
or  death  caused  by.     1917 A,  1O56. 

Liability  for  homicide  where  dea.th  results 

from     septicemia     following    shooting. 

1915F,  607. 
Recovery   for   injury  by,   under   Workmen's 

Compensation    Act.      1916A,    14,    281; 

1916B,  1277. 
Death     cf     insured     from.       191 5A,     314; 

1916A,  475;   1917A,  1050;   1917F,  481. 


BLOOD    TEST. 

Annotation. 

Requiring    persons    handling    milk,    to 
submit    to.      1917C,    25O. 


Annotation. 

Constitutionality   of.      1917F,    524. 

Constitutionality  of.     1917F,  514. 


BOARD. 

Implied    authority   of    salesman    to    pledge 
employer's  credit  for.    1916B,  751. 


BOARDING   HOUSE. 

Statute  requiring  fire  escapes  and  fireproof 
stairways.  1917C,  1146. 

Claim  for  material  for  outfitting  boarding- 
house  for  contractor's  employees,  as 
within  protection  of  hia  bond.  1917A, 
336. 

Liability  of  school  officers  who  induce 
teachers  and  students  to  leave  board- 
Ing  house.  1916B,  1238. 


BOARD     OF    EDUCATION. 

See  SCHOOLS. 


BOARDS. 

State  board  of  agriculture,  see  AGRICUL- 
'  TURE. 

Delegation  of  power  to,  see  CONSTITUTIONAL 
LAW. 

Of  health,  see  HEALTH. 

Of  schools,  see  SCHOOLS. 

As  to  state  banking  board,  see  STATE  BANK- 
ING BOARD. 

Board  of  equalization,  see  TAXES. 

Annotation. 

Power  of  municipal  board  to  employ 
attorney.  1917D,  24O. 

Strict  construction  of  statute  conferring 
power  on.  1917D,  310. 


BOAT  LIVERY. 

Annotation. 

Duty  and  liability  of  owner  of  boat  liv- 
ery. 1917F,  860. 

Negligence  of  one  letting  boats  at  a  pleas- 
ure resort  as  to  condition  of  boats. 
1917F,  851. 


52 


BOATS— BONDS 


BOATS. 

As  to  boat  livery,  see  BOAT  LIVEBY. 

Liability  of  marshal  seizing  boat  in  ad- 
miralty proceedings  for  loss  thereof. 
1915A,  193. 


BOATSWAIN. 

Liability  of  shipowner  for  injury  to  seaman 
by  negligence  of  boatswain.  1917F, 
671. 


BODY   EXECUTION. 

Right  tc.    1915A,  706. 

Right  to  bail  of  one  seized  under.     1915E, 
340. 


BONA  FIDE  PURCHASER. 

Of  bill  or  note,  see  BILLS  AND  NOTES. 
Of  municipal  bonds,  see  BONDS. 
Of  checks,  see  CHECKS. 
Of  land,  see  VENDOR  AND  PURCHASES. 

Of  mortgaged  chattels  remeved  to  other 
state  with  consent  of  mortgagee. 
1917D,  940. 

Of  corporate  bond.     1916E,  563. 


BONDS. 

In  general. 

For  indemnity  and  security  generally. 

Contractor's  bond. 

Liquor  bond. 

For  fidelity  of  employees  or  corporate 

officers. 
By  pnblic  officers. 

—  in  general. 

—  liability     for     money     lost     or 

stolen. 

By  pnblic  depository. 
Corporate  bonds. 
Municipal  bonds. 

—  in  general;  power  to  issue  gen- 

erally. 

—  for  what  purpose. 

—  authorizing;  elections. 

—  form;     conditions     and     regula- 

tions of  issue. 

—  who  are,  and  rights  of,  bona  fide 

hollers. 

—  estoppel  as  to;  ratification. 

—  actions   and   defenses;   remedies. 
State  bonds. 


In  general. 

On  appeal,  see  APPEAL  AND  ERROR. 
Damages  on,  see  DAMAGES. 
Estoppel  by,  see  ESTOPPEL. 


Liability  and  release  of  sureties  on,  general- 
ly, see  PRINCIPAL  AND  SURETY. 
Replevin  bond,  see  REPLEVIN. 

Special  deposit  of.     1915B,  542. 

Pledge  of  bonds  by  one  to  whom  they  are 

intrusted     for     safe-keeping.       1916A, 

629. 
Priority    between     supersedeas    bond     and 

mortgage.    1916F,  1067. 
Validity  of  bond  given  to  secure  location  of 

courthouse    at    certain    place.      1916F, 

873. 

For  indemnity  and  security  generally. 

Annotations. 

Effect  of  insertion  of  unauthorized  pro- 
visions in  a  bond  required  by  stat- 
ute. 1917B,  990. 

May  each  of  several  persons  protected 
by  a  bond  recover  up  to  the  full 
amount  of  the  bond.  1917D,  617. 

Validity  and  enforceability  of  bond  to 
one  spouse,  conditioned  for  main- 
tenance of  family  relation  or  prop- 
er conduct  of  other  spouse. 
1917D,  445. 

Liability  on  replevin  bond  w7iere  suit 
is  dismissed  or  discontinued  or 
nonsuit  suffered,  ivithout  a  judg- 
ment for  the  return  of  the  properiij. 
1917A,  1191. 

Replevin  for  property  held  under  rede- 
livery  bond  given  to  secure  release 
of  property  from  legal  process. 
1917D,  987. 

Dismissal  of  appeal  from  commissioners  to 

court,   in   eminent   domain   proceedings 

because    bond    was    not    signed    by    all 

appellants.      1916E,   420. 
Subrogation  of  obligee  to  rights  of  suutv. 

1916C,  1057. 
Amount  of  judgment  on  bond  for  penalty. 

1915E,  385. 
In    injunction    suit.      1913A,    853;     1916E, 

1277. 
Security    for   costs.      1916F,    1033;    1917D, 

365. 
Of  operators  of  jitney  bus"s.     1915F,  850; 

1916B,  1151;   1917D,  61.3. 
Of  person  engaging  in  messenger  business. 

1915D,  260. 
Bond  for  production  of  child   ,  s   condition 

to  award  of  custody  in  divorce  proceed 

ing.     1915 A,  576. 

To  support  wife;  validity.     1917D,  440. 
Replevin  bond.     1917A,  1188. 

Contractor's  bond. 

Annotations. 

Right  of  surety  upon  contractor's  bond 
to  have  payments  made  by  con- 
tractor applied  to  the  contract. 
1917C,  637. 

Effect  of  inrertion  of  unauthorized  pro- 
visions in.  1917B,  99O. 

Who  may  maintain  action  on  contractor's 
bond.  1915A,  768. 


BONDS. 


53 


Form  of  action  on.     1917A,  336. 

Right  to  maintain  action  on  bond  without 
first  filing  mechanic's  liens.  1917D, 
722. 

Reversing  in  part  and  affirming  in  part 
judgment  in  action  on.  1917 A,  336. 

Duty  of  public  officer  letting  contract  to 
take  bond  from  contractor.  1917B,  558. 

Liability  of  officers  for  failure  to  take  bond 
required  by  statute.  1916F,  481. 

Failure  of  school  district  to  take  bond  from 
person  constructing  school  building. 
1915F,  629. 

Duty  of  owner  of  building  to  protect  him- 
self from  fraud  of  contractor  by  re- 
quiring bond  for  payment  of  material. 
191 5E,  302. 

Duty  of  property  owners  seizing  contractor's 
implements  to  account  for  th^m  to 
.  surety.  1916A,  881. 

Power  of  common  council  to  enforce  bond 
for  maintenance  of  street  improvement 
or  to  compromise  suit  brought  for  that 
purpose.  1917F,  535. 

\Yhat  claims  or  materials  are  within  pro- 
tection of.  1915F,  951;  1917A,  3l!6; 
1D17B,  558;  1917C,  912. 

Determining  liability  of  surety  by  terms  of 
the  bond  and  not  by  those  of  the  con- 
tract. 1915B,  407. 

Right  of  surety  on  contractor's  bond  to 
notice  of  latter's  death.  1916A,  881. 

Right  of  surety  on  contractor's  bond  as  to 
application  of  payments  by  contractor. 
1917C,  630. 

Release  of  surety  on.  1915B,  407;  1915C, 
170;  1916A,  881;  1916E,  1110;  1917C, 
490. 

Liquor   bond. 

When  right  of  action  on,  is  barred.  1916E, 
269. 

Joinder  of  bondsmen  in  action  under  civil 
damage  act.  1916D,  940. 

Condition  of  bond  that  saloonkeeper  keep 
quiet  and  orderly  house;  what  consti- 
tutes breach.  1916E,  269. 

Liability  on  bond  for  act  of  bartender  in 
pouring  alcohol  upon  foot  of  guest  and 
setting  fire  thereto.  1916E,  269. 

For  fidelity  of  employees  or  corporate 
officers. 

Annotation. 

Effect  of  insertion  of  unauthorized  pro- 
visions in.  1917B,  99O. 

Recovery  of  money  paid  under  bond  because 

of  mistake.     1916F,  532. 
Effect  of  appointment  of  receiver  to  revive 

right  of  action.    1916F,  709. 
Release  of  surety  on.     1916F,  709. 
Necessity   of   identifying   employee   causing 

loss  to  raise  liability  on  bond  asrainst 

loss  through  employees.     1916F,  43C. 
Cashier's  bond7    1917B*  ?S4. 

By  public  officers. 

—  in    general. 

Liability  of  officers  generally,  sec  OFFICERS. 


Annotation. 

Effect  of  insertion  of  unauthorised  pro- 
visions in  1917B,  99O. 

Effect  of  failure  to  require  bond  of  police 
officer  to  render  city  liable  for  his  acts. 
1915E,  460. 

Recovery  of  unearned  premium.  1915D, 
966. 

Set-off  in  action  on.    191 5D,  948. 

Contribution  between  sureties.     1915D,  481. 

Parol  modification  of  terms  of.    1917B,  139. 

Extent  of  liability  of  surety  on  successive 
bonds.  1916C,  544. 

Liability  after  end  of  term.    1917B,  139. 

Attempt  by  legislature  to  direct  county  to 
levy  tax  for  reimbursement  of  sureties 
w1  •>  are  alleged  to  have  paid  shortage 
for  which  collector  was  not  responsible. 
1917E,  824. 

Liability  of  marshal  on  his  bond  for  assault 
committed  by  deputy.  3916D,  278. 

Liability  of  constable  on  his  bond  for  as- 
saulting and  arresting  an  innocent  per- 
son. 1917F,  1134. 

—  liability  for  money  lost  or  stolen. 

Loss  by  failure  of  bank.     1915D,  481. 

By  public  depository. 

Effect  of  incorporation  in  bond  of  unauthor- 
ized provision.  1917B,  977. 

Fact  that  deposit  at  time  of  depository's 
failure  is  in  excess  of  depository's 
bond  as  ground  for  release  of  surety. 
1917B,  977. 

Effect  on  surety's  liability  of  fact  that  coun- 
ty treasurer  was  a  stockholder  in  the 
depository  bank,  contrary  to  provisions 
of  statute.  1917B,  977. 

Effect  of  fact  that  designation  of  depository 
was  irregular  or  illegal.  1917B,  977. 

Corporate  bonds. 

Annotation. 

Constitutionality  of  Blue  STcy  Laws. 
1917F,  524. 

Requiring  license  for  dealing  in.  1917F, 
514. 

Succession  tax  on.     1916E,  1288. 

Effect  of  agreement  that  corporation  would 
pay  bonds  without  deduction  for  any 
tax  or  taxes  on  right  to  deduct  Fed- 
eral income  tax.  ]917F,  203. 

Allowance  for  premium  agreed  to  be  paid 
for  retirement  of  its  bonds,  in  estimat- 
ing damages  for  condemnation  of  pub- 
lic utility  plant.  1916F,  592. 

Holders  of  bonds  of  public  utility  as  neces- 
sary parties  to  proceeding  to  condemn 
its  property.  1916F,  592. 

Right  of  bankruptcy  trustee  of  corporation 
to  recover  bonds  illegally  issued. 
1916E,  563. 

Right  to  issue  bonds  to  secure  note  at -the 
time  of  its  renewal.  1916E,  563. 


54 


BONDS— BOXING  MATCH. 


Effect  of  appointment  of  receiver  for  in- 
solvent corporation  to  stop  running  of 
interest  on  company's  mortgage  bonds 
in  favor  of  unsecured  creditors.  1917D, 
1152. 

Bona  fide  holders.     1916E,  563. 

Municipal  bonds. 

—  in  general;  power  to  issue  general- 

ly. 

Annotation. 

Constitutionality  of  Blue  Sky  Laws. 
1917F,  524. 

Insuring  lives  of  residents  of  school  district 

to    secure    bonds    issued    by    district. 

1917A,  475. 
Sufficiency  of  title  of  statute  as  to.    19 15 A, 

1009. 
Right  of  legislature  to  divert  proceeds  of 

county  bonds.     1915D,  274. 
Authority  to  designate  agents  to  issue  bonds 

in  the  name  of  the  board  of  aldermen. 

1915A,  1009. 
Necessity    of    express    direction    to    issue 

bonds.     191 5A,  1090. 

—  for  what  purpose. 

Issue  of  bonds  by  municipality  for  cost  of 
tunnel  to  be  used  by  railroad  company 
with  option  to  purchase.  1915B,  306. 

—  authorizing;  elections. 

Due  process  of  law  as  to.    1915A,  1009. 

Effect  of  enlarging  boundaries  of  munici- 
pality on  vote  to  issue  bonds.  1915A, 
1009. 

Conferring  upon  mayor  and  alderman  power 
to  determine  whether  question  of  is- 
suing bonds  shall  be  submitted  to  voters 
and  to  fix  time  for  vote.  1915A,  1009. 

Necessity  of  appointing  judges  for  election; 
validity  of  election  conducted  by  sher- 
iff. 1915A,  1009. 

Federal  courts  following  state  decisions 
in  determining  validity  of  election. 
1917B,  1019. 

Who  entitled  to  vote.    1917A,  291. 

—  form;  conditions  and  regulations  of 

issue. 

Effect  of  addition  to  form  fixed  by  ordi- 
nance. 1917B,  1019. 

Authority  of  mayor  to  sign  contracts  as  in- 
cluding authority  to  sign  bonds. 
1915  A,  1009. 

Sufficiency  of  enactment  and  publication  of 
enabling  ordinance  as  to  bonds.  1915A, 
910. 

—  who    are,    and    rights    of,    bona    fide 

holders. 

Duty  of  purchaser  to  examine  ordinance 
under  which  bonds  were  issued.  1915A, 
1009;  1917B,  1019. 

—  estoppel  as  to;  ratification. 

By    recitals    in    bond.      1S15A,    910,    1009; 

1917B,  1019. 
Ratification.     1915A,  1009. 


—  actions   and  defenses;  remedies.       . 

Lack  of  authority  for  delivery  of  bonds  to 
persons  who  place  them  on  the  market 
as  defense  to  their  enforcement. 
1917B,  1019. 

State   bonds. 

Exemption  of,  from  taxation.     1917B,  294. 
Inheritance  tax  on.     1916A,  889. 
State  public  buildings  bonds;  authority  to 
issue.     1917B,  294. 


BONUS. 

Annotation . 

Payment  of  bonus  by  stranger  as  usury. 
1917F,  923. 

Payment  of  bonus  by  third  person  as  in- 
ducement for  loan  as  usury.  1917F, 
916. 


BOOKS. 

Right  to  inspect  books  of  corporation,  see 
CORPORATIONS. 

Compelling  production  of  books  of  public 
service  corporation.  1917F,  1195. 

Transfer  on,  of  corporate  stock.  1915C, 
471;  1915D,  292,  733;  1917A,  54. 


BORROWING    MONEY. 

Power  of  municipality  as  to,  see  MUNICIPAL 

CORPORATIONS. 
Power  of  school  district  as  to,  see  SCHOOLS. 

Power  of  agent  as  to.     1916C,  110. 


BOUNDARIES. 

Of  nation,   state,  or  municipality. 

Enlarging  boundaries  of  municipality,  see 
MuNicrpAL  CORPORATIONS. 

Liability  for  expense  of  maintaining  bridge 
over  boundary  river.  1916F,  508. 

Sufficient  of  proof  of  location  of  bound- 
aries of  city.  1915E,  500. 

Of  private  property. 

Special  finding  as  to.     1916A,  689. 
Casting  of  water  from  eaves  over  boundary 
line.     1916A,  689. 


BOXING    MATCH. 

Sufficiency  of  performance  by  one  contract- 
ing to  box  another  ten  rounds  to  a 
draw.  1917B,  1238. 


BOYCOTT— BRIDGES. 


55 


BOYCOTT. 

Carrying  by  one  man  of  banner  in  front  of 
boycotted  theater  and  picketing  of 
building  bv  one  or  more  men  as  a  nui- 
sance. 1917E,  383. 

Validity  of  boycott  by  labor  union.  1917C, 
1053;  1917E,  389. 

Injunction  against  boycott  by  labor  union. 
1915A,  1217;  1915E,  1037;  1916C,  986. 

Injunction  against  threat  of  boycott  by 
labor  union.  1917E,  383. 


1  Prematurity  of  action  for.     1915D,   1190. 
j  Presumption  and  burden  of  proof  in  action 

for.     1915D,  1190. 

What  constitutes  a  breach.     1915B,  279. 
Good    faith    in    tender    of    performance    of 
promise  as  question  for  jury.     1915D. 
1190. 

Defenses;  what  trill  excuse. 

Offer  to  marry  after  breach.  1915B,  279; 
1915D,  1190. 

Waiver  of  breach.    1915B,  279. 

Sickness  or  disease  of  party  breaking  prom- 
ise. 1916D,  1260. 


BRAKES. 

Duty    of    street   railway    company    as    to. 
1915A,  742. 


BRANCH   RAILROAD. 

Annotation. 

Consideration  of  entire  return  of  rail- 
road company  in  passing  upon  its 
duty  to  operate  a  branch  line  at  a 
loss.  1917F,  1193. 

Requiring  installation  and  operation   of  a 

passenger  carrying  service  on.     1917F, 

1190. 
Right  of  carrier  to  abandon  operation  of 

unprofitable      branch.       1915A,      549; 

1917D,  1105. 


BRANDING. 

Of  drugs.  1916D,  164. 

Of  packages  of  food.    1917A,  1T16. 


BREACH. 

Of  contract  generally,  see  CONTRACTS. 
Of  covenants,  see  COVENANTS  AND  CONDI- 
TIONS. 


BREACH   OF  PEACE. 

Arrest  of  conviction  for.    1916B,  1117. 
Effect  of  good  intent  on  liability  for.  1916B, 
1117. 


BREACH    OP    PROMISE. 

In  general. 

Contract  to  pay  attorney  percentage  of  sum 
obtained  by  way  of  settlement  or  com- 
promise in  action  for  breach  of  promise. 
1917D,  912. 

Oral  promise  to  marry.    191 5D,  1100. 

Illegality  of  contract  to  settle  action  for. 
1915D,  1064. 


BREAKING. 

Sufficiency     of,     to     constitute     burglary. 
1915D,  241,  972,  1015;  1916E,  336. 


BREWERS. 

Right  of  brewing  company  to  avoid  liability 
for  rent  of  premises  leased  for  saloon 
business  on  the  ground  that  it  cannot 
legally  engage  in  that  business. 
1917C,  929. 


BRIBERY. 

Bribing  of  juror  as  contempt.     1917C,  845. 
Evidence  of  other  crimes  in  prosecution  for. 
1915B,  103. 


BRICK  KILN. 

Validity  of  ordinance  as  to.    1916B,  1248. 


BRIDGES. 

In  general. 

Construction  and   maintenance. 

Defects;  injuries  on  or  by. 


In  general. 

Tolls  for  use  of,  see  TOLLS  AND  TOLL  ROADS. 

Right  of  railroad  to  bridge  a  public  navi- 
gable water  as  a  special  franchise  with- 
in meaning  of  tax  statute.  1916B, 
1222. 

What  constitutes  a  bridge  within  statute 
limiting  speed  on  bridges.  1915E,  959. 

Construction   and  maintenance. 

Contract  for  construction  of.     1915A,  198. 
Liability  of  county  for  cost  of  bridge  over 

drainage  ditch  across  highway.     191 5D, 

249. 


56 


BRIDGES— BROKERS. 


Mandamus  to  compel  counties  to  make 
necessary  repairs  on  boundary  bridge. 
191GF,  508. 

Duty  of  railroad  company  to  maintain 
'bridge  over  its  tracks  intersecting  a 
public  street.  1917F,  485. 

Duty  of  railroad  company  to  maintain 
bridge  as  part  of  farm  crossing. 
1916F,  1294. 

Duty  of  railroad  company  to  enlarge  span 
of  bridge  to  accommodate  water  turned 
into  stream.  191 5B,  486. 

Imposition  on  owner  of  irrigation  ditch  of 
expense  of  constructing  and  maintain- 
ing bridge.  1915E,  687.  . 

Defects;  injuries  on  or  by. 

Proximate  cause  of  injury,  see  PEOXIMATE 

CAUSE. 

Annotation. 

Contributory  negligence  of  children  in- 
jured on  drawbridge.  1917F,  99. 

Right  of  municipality  to  recover  over 
against  person  primarily  liable  for  in- 
jury on  defective  bridge.  1916F,  83. 

Liabilit}-  for  injury  by  defect  in  bridge  to 
one  driving  unregistered  automobile. 
1916E,  1212. 

Liability  for  injury  to  vessel  by  collision 
vith  drawbridge  over  navigable  stream. 
1915F,  1062. 

Injury  to  railroad  employee  by.  1915F, 
838. 

Personal  liability  of  county  commissioners 
for  defective  condition  of  bridge. 
1917B,  869. 

Insufficiency  of  railing.    1917D,  754. 


BRIEFS. 

On  appeal,  see  APPEAL  AND  ERROR. 


BROKERS. 


Stockbrokers. 

Real  estate  brokers. 

—  in  general. 

—  compensation. 


Money  brokers,  see  MONEY  LENDERS. 
Insurance  broker,  see  INSTJBANCE. 

Stockbrokers. 

Annotations. 

Measure  of  damages  for  broker's 
breach  of  contract  with  customer 
as  to  sales  and  purchases  of  stock 
on  the  exchange.  1917C,  747. 

Constitutionality  of  Blue  Sky  Laws. 
1917F,  524. 

Constitutionality  of  Blue  Sky  Laws.  1917F, 
514. 


Conversion  by  broker.  1916A,  629;  1917F, 
440. 

Right  of  one  depositing  stock  to  cover  mar- 
gins to  return  thereof  on  bankruptcy 
of  broker.  1916F,  488. 

Validity  of  contract  for  sale  on  margin. 
19I6B,  1056. 

Liability  as  stockholder  of  broker  purchas- 
ing stock  for  customers.  1917E,  393. 

Damages  for  breach  of  contract  by  broker. 
1917C,  737. 

Purchase  on  stock  exchange  by  broker  of 
stock  of  one  customer  for  account  of 
another.  1917C,  737. 

Sale  by  broker  to  himself  of  stock  carried 
on  margin.  1917C,  737. 

Ratification  by  customer  of  broker's  act. 
1917C,  737. 

Real  estate  brokers. 

—  in  general. 

Annotations. 

Implied  or  ostensible  authority  of  agent 
for  the  sale  of  land  as  to  represen- 
tations. 1917F,  962. 

Implied  or  ostensible  authority  of  agent 
for  the  sale  of  land  to  bind  princi- 
pal by  covenants.  1917F,  954. 

Mutuality  of  contract  giving  broker  ex- 
clusi  e  authority  to  sell,  or  promis- 
ing him  commission  in  case  of  sale 
by  any  one  else,  but  not  in  term* 
imposing  any  obligation  \ipon  him. 
1917E,  104O. 

Mutuality  of  contract  giving  broker  exclu- 
sive agency.  1917E,  1036. 

Written  authorization  to  broker  to  sell 
property  as  memorandum  of  contract 
of  sale  sufficient  to  satisfy  statute  of 
frauds.  1915C,  400. 

Authority  of  agent  for  sale  of  land  to  enter 
into  covenants.  1917F,  949. 

Power  of  agent  for  sale  of  land  to  bind  prin- 
cipal by  representations.  1915F,  634; 
1916C,  403;  1917F,  958. 

Right  of  property  owner  to  accept  benefits 
of  contract  of  sale  negotiated  by  broker 
without  ratifying  statements  made  by 
broker  to  effect  sale.  1915D,  287. 

Rescission  of  contract  for  purchase  of  land 
because  of  secret  interest  of  broker. 
1916C,  996. 

Refusal  of  owner  to  approve  contract  of  sale 
for  lack  of  financial  ability  of  pur- 
chaser. 1913E,  976. 

Right  of  broker  to  purchase  property  for 
himself.  1915E,  976. 

Effect  of  dissolution  of  firm  of  real  estate 
brokers  to  terminate  authority.  1915C, 
576. 

—  compensation. 

Annotations. 

Right  of  broker  to  recover  commissions 
where  owner  has  refused  to  make 
the  sale  for  a  price  otherwise  sat- 
isfactory, because  of  broker's  mis- 
representations as  to  offers  ob- 
tained. 1917B,  922. 


BROKERS— BUILDINGS. 


57 


Broker's  riglit  to  commission  for  intro- 
ducing to  orvner  one  'who  7iaeZ  al- 
ready determined  to  buy  the  prop- 
erty l.efore  seeing  the  broker. 
1917E,  1175. 

Evidence  in   action  to  recover   commission. 

1915A,  1224. 
Departure  in  reply  to  answer  in  action  by 

broker  for  commission.     1915A,  804. 
Treating  petition  in  action  by  broker  for 

commissions  as  amended  where  evidence 

shows  that  name  of  purchaser  was  other 

than     that     stated     in     the     petition. 

1917E,  1036. 
Estoppel  to  contest  right  of  broker  to  his 

commission.     1915A,  804. 
Right  to  recover  for  services  rendered  under 

void  contract.    1916D,  892. 
Sufficiency    of    brokers'    services.       1917E, 

1172. 
Failure    to    complete    transaction.      1915E, 

714;  1917B,  913;  3917E,  928,  1036. 
Transaction   effected   -without   broker's   aid. 

1915A,  1224;   1917E,  1172. 
Effect    of   broker's   frnud   on    his    right   to 

compensation.     1917B,  919. 
Acting  for  both  parties;  compensation  from 

both.     1915D,  257. 


BROTHERS    AND    SISTERS. 

Inheritance  rights  of,  see  DESCENT  AND  DIS- 
TRIBUTION. 

Right  of  brother  to  appointment  as  adminis- 
trator. 1915D,  373. 

Homicide  in  defense  of  sister.    1916B,  924. 

Right  of  action  for  death  of.     1917A,  1128. 

Two  sisters  living  together  as  a  "family," 
within  Homestead  Law.  1917C,  356. 


BUILDING    AND    CONSTRUCTION 
CONTRACTS. 

In  general,  see  CONTRACTS. 
Provision    in,    for    liquidated   damages,    see 
DAMAGES. 

Annotations. 

Who  must  bear  7oss  occasioned  by  de- 
struction of  building  in  process  of 
erection  or  repair.  1917D,  1O11. 

Use  of  building  by  owner  as  acceptance 
of  irorlc  of  construction  or  repair. 
1917C,  324. 

Construction  of.     1915C,  170. 

Effect  of  destruction  of  building  before  com- 
pletion of  contract.  1917D,  1006. 

Excuse  for  failure  of  performance.  1915C, 
671. 

Acceptance  of  buildincr  as  waiver  of  faulty 
construction.  1917C,  322. 


BUILDING     AND     LOAN     ASSOCIA- 
TIONS. 

Loans;  mortgages. 

Conflict  of  laws  as  to  usury.     1916D,  745. 
Premiums;     competitive     bidding.      1916D, 
745. 


BUILDING    LINE. 

Validity  of  ordinance  establishing.     1915C, 

981. 
Restrictive  covenants  as  to.    1917A,  455. 


BUILDINGS. 

In  general. 

Statutory  and  municipal  regulation*. 

—  in  general. 

—  fire  escapes. 
Private  rights. 


In  general. 

Elevators  in,  see  ELEVATORS. 

Fixtures  in,  see  FIXTURES. 

Liability  of  landlord  for  injury  by  defects 

in,  see  LANDLORD  AND  TENANT. 
Lien  on,  see  MECHANICS'  LIENS. 
Negligence  as  to  condition  of,  generally,  see 

NEGLIGENCE. 

As  to  walls,  see  PARTY  WALL. 
Public  buildings,  see  PUBLIC  BUILDINGS. 

Joinder  of  suit  against  owner  of  building 
negligently  constructed  and  against  city 
negligently  permitting  it  to  be  con- 
structed. "1915E,  1069. 

Moving  of,  along  streets.  1916C,  1249; 
1917C,  772;  1917E,  258. 

Statutory  and  municipal  regulations. 

—  in  general. 

Constitutionality  of  regulations  as  to,  see 
CONSTITUTIONAL  LAW. 

Annotation. 

Validity  of  public  restriction  as  to  lo- 
cation of  mercantile  business. 
1917F,  106O. 

Denial  of  equal  protection  of  laws  by  build- 
ing regulations.  1915D,  595. 

Partial  invalidity  of  regulations  as  to. 
1915D,  595 ;  1916A,  1228. 

Who  may  question  validity  of  regulations. 
191fiA,  1228. 

Injunction  to  prevent  destruction  of,  under 
void  municipal  ordinance.  1915D,  595. 

Validity  of  ordinance  establishing  fire 
limits.  1915D,  595. 

Total  loss  of  insured  building  within  fire 
limits.  1915E,  618. 

Prohibiting  erection  of  store  building  upon 
land  within  residential  district.  1917F, 
1050. 


58 


BUILDINGS— BURIAL  GROUND. 


Regulating  construction  of  garage.  1915D, 
007. 

Ordinance  requiring  rat-proofing  of  all  build- 
ings in  city.  1916A,  1228. 

Forbidding  storage  of  inflammable  sub- 
stances in  certain  locations.  1915D, 
603. 

Limiting  buildings  to  be  erected  in  specified 
localities  to  separate  and  unattached 
dwellings  not  less  than  a  specified  dis- 
tance apart.  1917A,  1216. 

Building    permits.      1915D,    595. 

Establishing  building  line.     1915C,  981. 

—  fire  escapes. 

Annotation. 

Liability  for  injuries  caused  by  laclc  or 

insufficiency       of       fire       escapes. 

19 11C,  1153. 

Question  whether  noncompliance  with  stat- 
ute was  proximate  cause  of  death  as 
one  for  jury.  1915E,  519;  1917E,  250. 

Question  for  jury  whether  mode  of  exit  con- 
stitutes substantial  compliance  with 
statute.  1917E,  250. 

Presumption  and  burden  of  proof  in  action 
for  injury.  1917E,  250. 

Evidence  of  violation  of  statute  or  ordinance 
as  to.  1917C,  1146. 

Discrimination  in  statute  as  to.  1917C, 
1146. 

What  constitutes  a  three-story  building 
within  meaning  of  fire  escape  regula- 
tions. 1915E,  519. 

Liability  of  hotel  owner.     1917C,  1146. 

Liability  of  landlord.     1917E,  250. 

Liability  of  master.     1915E,  519. 

Private  rights. 

Contracts  for  construction  of,  see  BUILDING 
AND  CONSTRUCTION  CONTRACTS. 

Measure  of  damages  for  injury  to,  or  de- 
struction of,  see  DAMAGES. 

Annotations. 

Use  of,  by  owner  as  acceptance  of  work 
of  construction  or  repair.  1917C. 
324. 

Right  to  interfere  with  wires  of  public 
service  corporation  in  moving 
building  along  street.  1917C,  774. 

Liability,  in  absence  of  negligence  for 
damages  to  buildings  from  sub- 
stances thrown  in  blasting.  19 17 A, 
1O16. 

As  fixtures.    1917C,  1116. 

Moving  of,  along  street,  1916C,  1249;  1917C, 

772;  1917E,  258. 
Choking  space  between,  with  debris.    1916D, 

764. 
Restrictive   covenants   as  to.     191 5D,   543; 

1915F,   651;    1917A,   333,   455;    1917C, 

879. 
Duty  of  street  railway  company  removing 

cottage  deposited  by  flood  on  its  tracks. 

1917C,  1038. 
Liability  of  vendor  to  vendee  for  buildings 

removed  by  tenant.     1917A,  415. 


BULK   SALES. 


See  SALE. 


BURDEN    OF   PROOF. 

In  general,  see  EVIDENCE. 


BUREAU. 

Effect  of  bequest  of  a  bureau  and  contents  to 
pass  title  to  sum  of  money  found  there- 
in. 1915C,  653. 


BURGLARY. 

Loss  of  passenger's  baggage  by.    1915D,  113. 

Evidence  as  to  intent  in  prosecution  for. 
1915D,  1015. 

Opinions  and  conclusions  in  prosecution  for. 
1915D,  972. 

Competency  of  witnesses  in  prosecution  for. 
1915D,  972. 

What  constitutes  a  breaking  within  mean- 
ing of  statute.  1915D,  241,  972,  1015; 
1916E,  336. 

Sufficiency  of  proof  of  breaking  out  to  estab- 
lish burglary.  1915D,  972. 

Driving  horse  and  wagon  to  door  of  store 
which  had  been  feloniously  entered  and 
goods  piled  for  removal  near  such  door, 
which  was  partly  open.  1915C,  627. 


BURIAL  AT  SEA. 

Liability  of  steamship  company  for  bury- 
ing body  of  passenger  at  sea.  1917E, 
852. 


BURIAL  CERTIFICATES. 

Business  of  issuing  certificates  guaranteeing 
burial  as  insurance.     1915B,  976. 


BURTAL  EXPENSES. 

See  FUNERAL  EXPENSES. 


BURIAL  GROUND. 

See  CEMETERIES. 


BUSINESS— CAMPHENE. 


59 


BUSINESS. 

Conspiracy  to  injure,  see  CONSPIRACY. 

Foreign  corporation  doing  business  within 
state,  see  CORPORATIONS. 

Measure  of  damages  for  injury  to,  see  DAM- 
AGES. 

Charges  injurious  to,  see  LIBEL  AND  SLAN- 
DER. 

License  to  conduct,  see  LICENSE. 

Sunday  business,  see  SUNDAY. 

As  to  unfair  competition,  see  UNFAIB  COM- 
PETITION. 

Annotations. 

WJiat  passes  under  devise  or  "bequest  of. 
1917D,  435. 

Legality  of  voting  or  popularity  contest 
to  stimulate.  1917D,  489. 

Effect  of  stipulation  for  liquidated  dam- 
ages in  contract  not  to  engage  in 
'  business  upon  the  equitable  juris- 
diction to  enjoin  breach  thereof. 
1917E,  886. 

Expenses  incurred  in  management  of 
business  conducted  by  either 
spouse,  or  by  both,  as  family  ex- 
penses or  necessaries  within  stat- 
ute rendering  wife  or  her  property 
liable  therefor.  1917F,  863. 

Devise  for  life  of  retail  business.  1915C, 
846. 

Liability  of  one  transferring  business  with- 
out notice  for  supplies  furnished  suc- 
cessor. 1915F,  711. 

Scheme  to  increase  business  bv  voting  con- 
test. 1917D,  485. 

Parol  evidence  of  agreement  of  seller  not  to 
re-engage  therein.  1917B,  267. 

Validity  of  contract  to  refrain  from. 
1916C,  620;  1917A,  376;  1C17E,  251, 
880;  1917F,  450. 

Construction  of  contract  not  to  enter  com- 
petitive business.  1917B,  267. 

Consideration  for  agreement  by  seller  of 
business  not  to  re-engage  therein. 
1917B,  267. 

What  constitutes  breach  of  covenant  by  one 
selling  business  not  to  engage  therein. 
1915B,  1204. 

Enjoining  breach  of  contract,  not  to  engage 
in  or  aid,  competing  business.  1917 B, 
2(57;  1917E,  880. 

Stipulated  damages  for  breach  of  contract 
to  refrain  from.  1917E,  880. 

Solicitation  of,  Ly  attorney.  1917B,  1132, 
1140. 

Injury  to,  as  result  of  exercise  of  eminent 
domain.  191 6A,  1079. 

Right  of  action  for  injury  to.  1915B,  1179, 
1196:  1916B,  835,  ]238;  1916C,  986; 
1916D,  391. 

Joint  liability  for  injury  to.     1915B,  1179. 

Right  to  recover  for  loss  of,  caused  by  nui- 
sance. 19] 6D,  358. 

Conclusiveness  in  common-law  action  for  in- 
terference with  business,  of  judgment  in 
action  between  same  parties  under  Sher- 
man Anti-trust  Act.  1915B,  1179. 


Burden  of  proof  as  to  malice  of  citizens 
petitioning  for  closing  of  business. 
1916D,  391. 


BUTCHER. 

Exemption  of  tools  of.     1915F,  916;  1916B, 
1288. 


BUTTER. 

Indictment  for  violation   of   statute  as  to 
weight  of  packages.    1915D,  515. 


BY-LAWS. 

Of  benefit  society,  see  BENEVOLENT  SOCIE- 
TIES. 

Of  corporation,  see  CORPORATIONS. 
Of  insurance  company,  see  INSURANCE. 

Of  labor  organization,  injunction  to  prevent 
enforcement  of.     1915E,  1037. 


BYSTANDER. 

Injury  to  bystander  watching  raising  of  de- 
railed locomotive.    1916F,  114. 


CABLE. 

Injury  to  employee  by  breaking  of.    1917E, 
233. 


CABOOSE. 

Statute   regulating   form   and   construction 
of  caboose  cars.     1915D,  458. 


CABS. 

See  HACKS  AND  TAXICABS. 


CAFE. 


See  RESTATJRANTS. 


CAMPHENE. 

Annotation. 

Keeping     of,      on     insured      premises. 
1917C,  278. 


60 


CAMPUS— CAREY  ACT  PROJECT. 
CAMPUS.  '  CANVASS. 


Statute  providing  for  levy  of  tax  by  city 
for  extension  of  campus  of  state  uni- 
versity located  in  the  city.  1917E,  842. 


CANALS. 

Annotation. 
Duty  of  canal  company  to  maintain  and 
operate  canal.      1917F,    7S9. 

Canal  as  a  navirable  public  highway. 
1917F,  776. 

Right  and  duty  of  government  to  regulate. 
1917F,  77''. 

Mandamus  to  enforce  duty  of  canal  com- 
pany. 1917F,  776. 

How  extent  of  canal  company's  privileges 
and  duties  are  determined.  1917F, 
776. 

Duty  of  cn.nal  company  to  maintain  canal 
in  proper  manner.  1917F,  776. 

Payment  of  fixed  toll  for  use  of.  1917F, 
*  776. 

Cost  of  constructing  bridge  over  irrigation 
canal.  1915E,  687. 

Jurisdiction  of  railway  commission  to  de- 
termine question  of  ownership  of  irri- 
gation canal.  1915D,  1205. 


CANCELATION. 

Of  contract  generally,  see  CONTRACTS. 
Of  insurance  policy,  see  INSURANCE. 

Annotation. 

Right  to  Jiave  record  of  arrest  can- 
celed. 1917E,  777. 

Of  record  of  wrongful  arrest.     1917E,  774. 

Of  stock  subscriptions.  1915D,  792;  191 6B, 
1114;  1917C,  890. 

Of  mining  entry.    1915A,  1113. 

Of  lease  and  mortgage  given  by  infant. 
1915E,  465. 

Decree  canceling  release  given  by  injured 
passenger  as  condition  precedent  to  ac- 
tion at  law  to  avoid  the  release  and 
recover  damages.  1917E,  399. 


CANDY. 

See  CONFECTIONERY. 


CANNERIES. 

Exempting  canneries  from  statute  regulat- 
ing hours  of  labor.     1915F,  829. 


Of  vote,  see  ELECTIONS. 


CAPIAS  AD  RZSPONDENDUM. 

EJect  of  failure  to  begin  action  by,  on 
right  to  capias  ad  satisfaciendum. 
1915A,  706. 


CAPIAS  AD   SATISFACIENDUM. 

Right  to  issue  of.     1915A,  700. 


CAPITA!,. 

As  distinguished  from  income  in  determin- 
ing the  respective  rights  of  life  tenants 
and  remaindermen,  see  LIFE  TENANTS. 


CAPITALIZATION. 

Of  pay  rolls,  as  basis  for  estimating  damages 
for  construction  of  railroad  through 
manufacturing  plant.  1916A,  1079. 


CAPITA!,    PUNISHMENT. 

Statute  providing  that  no  person  shall  suf- 
fer death  penalty  who  has  been  convict- 
ed on  circumstantial  evidence  alone. 
1917D,  591. 


CARBONATED  DRINK. 

Explosion  of,  as  proof  of  negligence  in  bot- 
tling of.     1916E,  1074. 


CARD  INDEX. 

Admiss-bility  in  evidence.     1916B,   631. 


CARETAKER. 

Limitation   by   carrier   of   liability    for   in- 
jury to.  ']916A,  617. 


CAREY  ACT  PROJECT. 

Irrigation    rights    of    purchasers     of     land 
wi*'  in.     1916F,  235. 


CARMACK  AMENDMENT—  CARRIERS. 


61 


CARMACK    AMENDMENT. 

Effect  of,  on  carrier's  liability.  1917A,  193, 
265. 

Application  of  provisions  of  Carmack 
Amendment  as  to  suits  by  holders  of 
bills  of  lading,  to  suit  under  state  stat- 
ute for  failure  to  deliver  all  grain  re- 
ceived for  shipment.  1917E,  1011. 

Effect  of  Carmack  Amendment  on  applica- 
tion to  claim  based  upon  a  loss  of  an 
interstate  shipment,  of  local  statute 
providing  for  attorneys'  fees.  1915E, 
942. 

«-*-«. • 


CARNAL   INTERCOURSE. 

See  SEDUCTION. 


CARRANZA. 

An  notation. 

Effect  of  recognition  of  General  Car- 
ransa  by  the  President  of  the 
United  States  on  litigation  arising 
out  of  Mexican  revolution.  1&17A, 
280. 


CAP  RECORD. 

Admissibility  in  evidence.     1916C,  351. 


CARRIERS. 

-\ 

In  general. 

Who  are   common  carriers. 
Carriers  of  passengers  and  other  per- 
sons generally. 
Rules  and  regulations. 
Who  are  passengers. 

—  in  general. 

—  when  relation  commences. 

—  termination  of  relation. 
Abuse  of  passenger;  insult. 
Assault. 

Arrest;  false  imprisonment. 

Measure  of  care  required;  negligence 

of  carrier  generally. 
Who  liable  for  injury. 
Negligence   as   to  vehicle,   or  place    of 

riding   generally. 
Contributory  negligence  of  passenger; 

assumption  of  risk. 
Ejection   of   passenger  or  trespasser. 

—  in  general. 

—  grounds  for. 

—  at  what  place. 

Leaving  at  destination  stop-over. 
Disabled  or  incompetent  passenger. 

—  duty  or  negligence  of  carrier. 
Injuries  in  getting  on  or  off. 

—  duty  or  negligence  of  carrier. 

—  contributory  negligence. 


Safety  of  stations,  approaches,  and 
platforms. 

—  carrier's  duty  or  negligence. 

—  contributory  negligence. 
Tickets;  conditions;  fare. 

—  in  general. 
— .passes. 

—  limitation  of  liability. 
Baggage   or  property  of  passenger. 

—  in  general. 

—  what  is  baggage. 

—  liability    of    sleeping    car    com- 

pany. 

—  limitation  of  liability. 
Transportation  of  corpse. 
Connecting  passenger  carriers. 
Carriers  of  freight  generally. 
Duty  to  receive  Lid  transport. 
Loss  of,  or  injury  to,  property. 
Delivery  by  carrier;  delay. 

—  in  general;  refusal  to  deliver. 

—  notice    of    arrival;    termination 

of  liability. 

—  misdelivery;   wrongful   delivery. 

—  time ;  delay. 

Liability  and  lien  for  freight  charges; 

rates. 

Carrying  live  stock. 
Stipulations  as  to  liability. 

—  in  general. 

—  as  to  amrunt. 

—  as   to   time    of   giving   notice    or 

commencing  suit. 

Contract  or  duty  to  furnish  cars. 

Demurrage  on  cars. 

Connecting  carriers. 

Criminal  transportation. 

Governmental  control;  rates;  discrim- 
ination; duty  as  to  stopping 
places  and  as  to  running- 
trains. 

—  in  general. 

—  compulsory  connection   and  in- 

terchange of  business;  dis- 
crimination between  hackmen, 
etc. 

—  rates;     discrimination     between 

passengers  or  shippers;  re- 
bates; passes. 

—  duty  as  to  depots;  duty  to  run 

trains  or  operate  road. 


In  general. 

Matters  in  common  with  other  corporations, 

see  CORPORATIONS. 

Damages  in  action  against,  see  DAMAGES. 
Elevators  as  carriers,  see  ELEVATORS. 
As  to  jitney  buses,  see  JITNEY  BUSES. 
Injury  to  employee,  see  MASTER  AND  SEBV- 

ANT. 
Illegal  combination  of,  see  MONOPOLY  A.\I> 

COMBINATIONS. 
Matters  peculiar  to  ships,  see  SHIPPING. 

Admissibility  in  evidence  of  car  record  book. 
1916C,  351. 

Garnishment  of  property  in  hands  of. 
1916E,  449. 

Mode  of  attachment  of  property  in  posses- 
sion of.  1915F,  1184. 


62 


CARRIERS. 


Levy  on  cars  of  foreign  railroad  company. 
1915D,  838. 

Municipal  regulation  assigning  stands  to 
hotel  omnibuses  at  railway  stations. 
1915F,  726. 

Validity  of  contract  as  to  location  of  rail- 
road station.  191 6F,  687. 

Breach  of  contract  to  locate  railroad  sta- 
tion at  certain  place.  1916F,  687. 

Passing  of  title  on  delivery  to  carrier. 
1915B,  536;  1915E,  302;  1916E,  1207; 
1917F,  559. 

Duty  of  carrier  maintaining  platform  for 
shipment  of  cottcn  to  one  going  thereon 
to  see  cotton  buyer.  1916A,  510. 

Liability  for  injury  to  property  by  explo- 
sion of  dynamite  during  transportation. 
1916B,  716. 

Who  are  common  carriers. 

Owner  of  elevator  as,  scj  ELEVATORS. 

Irrigation  company  as.     1915D,  1205. 

Local   transfer   company  as.      1916D,   1199. 

Who  is  common  carrier  within  meaning  of 
policy  insuring  against  injury  while  in 
common  carrier's  conveyance.  1915C, 
456. 

Who  is  a  common  carrier  entitled  to  exer- 
cise power  of  eminent  domain.  1916B, 
1089. 

Carriers  of  passengers  and  other  per- 
sons generally. 

Annotations. 

Liability  of  railroad  company  for  acts 
of  Pullman  car  employees  toward 
trespassers.  1917 A,  42O. 

Effect  of  "breaking  continuity  of  pas- 
sage upon  its  interstate  character. 
1917D,  1184:. 

Negligence  in  driving  to  the  left  of  stand- 
ing street  car  discharging  passengers. 
1917C,  477. 

Imputing  negligence  of  carrier  to  passenger. 
1917D,  344. 

Damages  for  breach  of  contract  to  run 
special  train.  1917D,  750. 

Damages  for  causing  passenger  to  miss  con- 
nections by  holding  her  train  beyond 
schedule  time.  1917D,  977. 

Rights  of  passenger  upon  motor  car  operat- 
ed on  track  of  railway  company  under 
license  from  it.  1917D,  344. 

Duty   to  transport  generally.     191 5E,   788. 

Punitive  damages  for  failure  to  transport. 
1915C,  477. 

Duty  to  receive  local  passengers  on  de- 
toured  trains.  1915B,  761. 

Refusal  to  return  excursionists  to  their 
homes  on  a  particular  train.  191CC, 
477. 

Duty  to  furnish  seat  to  passenger.  1917C, 
483. 

Duty  to  provide  passenger  with  berth. 
191 5B,  1202. 

Requiring  sheriff  in  charge  of  colored 
prisoner  to  ride  in  car  set  apart  for  col- 
ored passengers.  1916E,  278. 


Injury  to  colored  passengers  compelled  by 
town  marshal  to  leave  station  where 
they  were  awaiting  train  and  walk  to 
destination.  1916E,  1107. 

Powers  of  agents.     1916E,  1134. 

Rules  and  regulations. 

Annotation . 

Violation  by  servant  of  rule  adopted  by 
company  as  evidence  of  negligence 
toward  passenger.  1917C,  793. 

Ejection  for  refusal  to  obev  rule.     1913D, 

539. 
As  to  stoppage  of  trains.     1915E,  1043. 

Who  are  passengers. 

—  in  general. 

Effect  of  failure  to  purchase  a  ticket  and 
check  baggage  according  to  rules  of 
steamship  company  to  deprive  one  of 
status  of  passenger.  1916E,  487. 

Effect  of  interruption  of  journey  by  wreck. 
1915E,  145. 

Person  riding  free  with  knowledge  of  car- 
rier's employees.  1917C,  86. 

One  permitted  to  enter  train  on  which  he  is 
not  entitled  to  ride  under  mistaken  be- 
lief that  he  has  a  ticket  for  that  train. 
1915B,  761. 

One  attempting  to  board  moving  train  after 
having  been  refused  a  ticket  because  he 
was  believed  to  be  intoxicated.  1916F, 
543. 

Caretaker  of  live  stock.    1917F,  1128. 

Infant  accompanied  by  adult.     1916C,  348. 

—  when  relation  commences. 

Before  entering  train.     1916C,  1020. 

—  termination  of  relation. 

Leaving  train  at  intermediate  station,  and 
failing  to  return  in  time  to  catch  it. 
1917C,  86. 

Abuse  of  passenger;  insult. 

Punitive  damages  for.     1915B,  915. 

By  employees.    1915B,  915;  1916D,  1183. 

Assault. 

Annotation. 

Vuty  of  sleeping  or  parlor  car  company 

to  protect  passengers  from  assault. 

1917F,  S8S. 

Pleading  inconsistent  defenses  in  action  for 

assault.      191GC,  358. 
Burden  of  proving  justification  for.     1916C, 

358. 

Evidence  in  action  for.     1916^.  358. 
Measure  of  damages  for.     191 5E,  668. 
Liability     of     sleeping     car     company     for. 

1917F,  885. 

By  employees.     1915E,  145:  1916C,  358. 
By   fellow   passenger   or    stranger.      1917F, 

885. 


CARRIERS. 


63 


Arrest;  false  imprisonment. 
Annotation. 

Liability  of  carrier  for  arrest  of  tres- 
passer on  train.  1917D,  227. 

Measure  of  damages  for.     1915E,  145.  320. 

Arrest,  for  nonpayment  of  fare,  of  employee 
who  believes  he  is  entitled  to  free  trans- 
portation. 1917D,  220. 

By  employees.  1915E,  145,  320;  1916E, 
1134. 

By  public  officer.     1915E,  320;  1916C,  439. 

Measure  of  care  required;  negligence 
of  carrier  generally. 

Measure  of  damages  for  personal  injury  to 

passenger,  see  DAMAGES. 
Proximate  cause  of  injury  to  passenger,  see 

PROXIMATE  CAUSE. 

Annotation. 

Liability  of  carrier  for  personal  inju- 
ries to  passenger  who  attempts  to 
reach  his  destination  by  other 
means  because  of  delay  or  stalling 
of  car  or  train.  1917F,  357. 

Splitting  of  cause  of  action  for  injury  to 

passenger.     1916D,  1164. 
Presumption    and    burden    of    proof    as   to 

negligence.     1915B,  621;    1915F,  1174; 

191 6A,  927;  1916C,  348,  351,  355,  358; 

1916D,     1109;     1917B,     1091;      1917C, 

384;   1917F,  1020. 
Relevancy    of    evidence    as    to    negligence. 

191CF,  1174. 
Opinion   evidence   as  to   cause  of  physical 

condition  of  injured  passenger.    1915A, 

1056. 
Sufficiency  of  proof  of  cause  of  passenger's 

death.     1915E,  964. 

Instructions  as  to  weight  of  expert  testi- 
mony. 1916D,  144. 

Variance  between  pleading  and  proof  in  ac- 
tion for  injury.  1915F,  992;  1917B, 

1091. 
Question  for  jury  as  to  negligence.     1916C, 

348;   1916E,  763. 
Instruction  as  to  negligence  where  it  is  not 

clear   whether   plaintiff   had   become   a 

passenger    when    the    injury    occurred. 

1916C,  1020. 
First  raising  question  on  appeal  in  action 

for  injury.     1915F,  888. 
Gross  negligence.     1915A,  142. 
Duty  to  mail   clerk  to  heat   car.     1916E, 

464. 
Xegligence  of  physician  employed  to  treat 

injured  passenger.     191 5D,  883. 
Injury  to  shipper  of  stock  on  railroad  track. 

1915F,  863. 

Injury  by  other  passenger.     1915E,  668. 
Injury    by    missile    thrown    into     car    by 

stranger.    1915C,  681. 
Sudden  jolt  or  stop.     1915D,   368:    1915E, 

964;  1916C,  348,  355;  1917C,  384. 
Overcrowding  train;   duty  to  warn  of  dan- 
ger   of   standing   in    coal   car.      1915E, 

964. 
Discharge  of  passenger  from  car  on  curve. 

1915C,  609. 


Liability  to  passenger  made  ill  by  exposure 
in  being  compelled  to  ride  on  platform. 
1915B,  915. 

Release  of  right  of  action  for  injury  to  pas- 
senger. 1916D,  144;  1917E,  399. 

Who  liable   for  injury. 

Liability  of  one  company  which  controls  an- 
other for  injury  to  passenger  by  latter's 
negligence.  1916C,  400. 

Liability  cf  owner  of  road  for  injury  in- 
flicted by  lessee  upon  passenger.  1916D, 
514. 

Liability  of  carrier  for  injury  to  its  own 
passengers  by  negligence  of  those 
operating  train  or  car  of  other  com- 
pany over  itj  tracks.  1915F,  992; 
1917D,  344. 

Negligence  as  to  vehicle,  or  place  of 
riding  generally. 

Contributory  negligence  as  to,  see  infra. 

Presumption  and  burden  of  proof  as  to  neg- 
ligence. 191 6D,  1109;  191 7F,  1020. 

Effect  on  liability  for  injury  of  negligence 
which  did  not  contribute  to  the  injury. 
1917F,  1020. 

Freight  trains;  assumption  of  risk  by  *>as- 
senger.  1917C,  86. 

Leaving  fender  projecting  from  rear  of 
street  car.  1917C,  410. 

Leaving  apparatus  which  works  air  brake 
exposed  on  the  rear  platform  of  an  ex- 
cursion train.  1917F,  1020. 

Crystallization  of  draw  bar  which  broke 
allowing  train  to  part.  1917F,  1020. 

Duty  to  furnish  sufficient  light  on  car  plat- 
form to  show  space  between  cars. 
1916D,  1109. 

Contributory    negligence     of    passen- 
ger; assumption  of  risk. 
In  getting  on  or  off  train,  see  infra. 
In  stations  or  on  platforms,  see  infra. 

Presumption  and  burden  of  proof  as  to. 
1916D,  1109. 

Question  for  jury  as  to.    1917C,  410. 

Taking  more  dangerous  course  where  neg- 
ligence of  carrier  requires  immediate 
selection  of  one  or  another  situation  of 
danger.  1917D,  962. 

Of  passenger  who,  to  avoid  delay,  leaves 
stalled  car  and  attempts  to  walk  to  des- 
tination along  track,  across  a  trestle. 
1917F,  353. 

Of  passenger  struck  by  overhang  of  car 
which  he  has  just  left.  1915C,  609. 

Of  passenger  riding  on  freight  train.  1917C, 
86. 

Of  fifteen-year-old  boy  riding  on  lower  steps 
of  car.  1915B,  166. 

Remaining  on  platform  of  crowded  car 
where  place  inside  could  have  been  se- 
cured. 1915A,  395. 

Ejection  of  passenger  or  trespasser. 

—  in  general. 

Measure  of  damages  for,  see  DAMAGES. 

Punitive  damages  for.     1915E,  145. 


64 


CARRIERS. 


Mental  anguish  as  element  of  recovery  for 
wrongful  ejection.  1915E,  145. 

Ejection  of  passenger  as  proximate  cause  of 
injury.  1915C,  1C4. 

Pleading  in  action  for  ejection.    1915E,  145; 

ini7C,  483. 

Negligence  in  removing  passenger  as  ques- 
tion for  jury.  1916E,  763. 

Judgment  against  carrier  for  wrongful  ejec- 
tion by  servant  where  verdict  has  been 
returned  in  favor  of  the  servant. 
1917E,  1023. 

Of  trespasser.     1916E,  1134. 

Liability  of  railroad  company  for  act  of 
Pullman  conductor  in  ejecting  tres- 
passer. 1917A,  417. 

Measure  of  care  required  in  removing  pas- 
senger from  Pullman  coach  which  he 
had  entered  by  mistake.  1916E,  763. 

Use  of  force  in  ejecting.     1917C,  483. 

Negligence  in  ejection  of  intoxicated  person. 
1917E,  663. 

—  grounds  for. 

Refusal  to  comply  with  conductor's  rec /jest 
to  obey  rule  forbidding  standing  in 
vestibule.  1916D,  539. 

Arrest  of  passenger  for  refusal  to  pay  fare. 
1917D,  220. 

Nonpayment  of  fare  by  passenger  in 
drunken  sleep.  191 5C*  148. 

Failure  to  pay  fare  where  effort  to  pay  is 
ineffectual  because  of  illness.  1915C, 
134. 

Passenger  refusing  to  pay  fare  because  not 
provided  with  seat.  1917C,  483. 

Failure  to  purchase  ticket;  offer  of  cash 
fare.  1916E,  1092. 

Passenger  who  has  lost  ticket.    1916D,  1183. 

Ejection  at  original  destination  of  passen- 
ger who,  having  purchased  ticket  be- 
tween two  points  in  the  same  state,  de- 
cided, on  reaching  an  intermediate 
point,  to  proceed  to  a  point  without 
the  state  and  tendered  the  unused  por- 
tion of  his  ticket  and  cash  fare  at  a 
higher  interstate  rate  from  the  point 
of  original  destination  to  the  point  out- 
side the  state,  but  refused  to  pay  the 
higher  rate  between  the  intermediate 
point  and  the  point  of  destination  out- 
side the  state.  1917D,  1180. 

Right  of  passenger  ejected  for  nonpayment 
of  fare  to  acceptance  as  passenger  on 
the  same  train  upon  purchasing  a  ticket 
from,  point  where  ejected  to  destina- 
tion. 1915E,  311. 

—  at  what  place. 

Right  to  eject  at  other  than  regular  stop- 
ping place.    1917C,  4B.3. . 
Drunken  passenger.     191?  E,  663. 

Leaving  at  destination  stop-over. 

Proximate  cause  of  injury  to  passenger  car- 
ried beyond  station.  1917A,  1017; 
1017B,  706. 

Duty  to  awaken  pas>enper.     1015C,  664. 

Train  not  stoppin^  at  destination.  1915D, 
705;  1915E,  1043. 


Disabled    or   incompetent    passenger. 

—  duty  or  negligence  of  carrier. 

Permitting  crippled  passenger  to  reach  seat 

before  starting  car.     1915A,  797. 
Duty  to  assist  passenger  who  is  able  to  walk 

but    has    lost    some    fingers    and    toes. 

191 6D,  514. 

Sick  passengers.     1915C,  134;  1915E,  788. 
Intoxicated  passengers.    1915C,  148;  1916F, 

484;  1917E,  663. 

Injuries  in  getting  on  or  off. 

—  duty  or  negligence  of  carrier. 

Question  for  jury  as  to.    1917C,  1066. 

Splitting  of  cause  of  action  for  injury. 
1916D,  1164. 

Duty  to  passenger  who  has  left  car  and  at- 
tempts to  re-enter  after  it  has  begun 
to  move.  1916B,  830. 

Duty  to  constable  entering  train  to  arrest 
passenger.  1917D,  980. 

Children  jumping  on  and  off  trains.  1916C, 
104;  1917C,  1066. 

Assistance  to  passengers.     1916D,  514. 

Waiting  for  passenger  to  reach  seat.  19 15 A, 
797. 

Allowing  time  to  alight.     1917D,  962,  980. 

Making  liability  of  carrier  for  injury  to 
•  passenger  attempting  to  board  car  de- 
pend upon  whether  the  car  was  in  mo- 
tion when  the  passenger  took  hold  of 
the  handrail.  1917D,  1131. 

—  contributory  negligence. 

Relevancy  of  evidence  as  to.     191 5C,  181. 

Attempting  to  board  movingr  car  or  train. 
1915C,  536;  1917D,  1131. 

Alighting  from  slowly  moving  train.  1915C, 
181. 

Jumping  from  moving  train  which  did  not 
stop  a  sufficient  time  to  permit  passen- 
gers to  alight.  1917D,  962. 

Alighting  from  car  on  wrong  side.  1915C, 
181. 


Safety  of  stations,  approaches,  and 
platforms. 

—  carrier's  duty  or  negligence. 

Governmental  regulations  as  to  depots  and 
stations,  see  infra. 

Liability  for  act  of  policeman  in  expelling 
passenger  from  station.  1916E,  1107. 

Evidence  in  action  for  injury  on  platform. 
1915A,  510. 

—  contributory  negligence. 

Annotation. 

Contributory  negligence  in  u-alking 
through  doonray  leading  to  place 
of  danger.  1917D,  S92. 

Of  passenger  in  hurrying  through  an  un- 
marked door  in  the  waiting  room  into 
a  dark  passage  without  attempting  to 
learn  what  was  there.  1917D,  890. 


CARRIERS. 


65 


Tickets;  conditions;  fare. 

—  in   general. 

Authority  to  sell  tickets.     1916E,  1134. 

Effect  of  commerce  act  forbidding  accept- 
ance of  anything  except  money  for  per- 
sonal transportation.  1916E,  622. 

Recovery  of  overcharges  exacted  by  carrier 
during  existence  of  injunction  restrain- 
ing putting  in  force  of  lower  schedule. 
1916C,  309. 

Review  of  finding  that  fare  paid  was  less 
than  amount  due.  1915E,  665. 

Refusal  to  accept  a  good  but  unusual  coin 
for  fare.  1916E,  911. 

Compelling  payment  of  excess  fare  for 
corpse.  1916A,  565. 

Stipulation  in  mileage  ticket  as  to  bag- 
gage. 1915E,  281. 


—  passes. 

Effect  of  provision  of  Interstate  Commerce 
Act  as  to  free  transportation  on  car- 
rier's liability  for  arrest  of  person  for 
refusal  to  pay  fare.  1917D,  220. 

Legislation  rendering  contract  for  railroad 
pass  invalid.  1916E,  622. 

Construction  of  provision  in  carriers'  pub- 
lished tariff  that  free  transportation 
shall  not  be  issued  for  caretakers  of 
live  stock  and  that  they  shall  pay  full 
fare  returning.  1917F,  1128. 

—  limitation  of  liability. 

As  to  baggage,  see  infra. 
As  to  freight,  see  infra. 

Annotation. 

Contract  exempting  railroad  company 
from  liability  for  negligent  injury 
to  sleeping  car  employees  or  others 
sustaining  a  similar  relation  to 
the  company.  1917D,  64LS. 

Liability  of  steamship  company  for  burying 
body  of  passenger  at  sea.  1917E,  852. 

For  injury  to  employee  of  sleeping  or  chair 
car  company.  1915D,  510;  1917D,  641. 

For  injury  to  caretaker  of  stock   or  other 
property.     1916A,  617;  1917F,  1128. 
i 

Baggage  or  property  of  passenger. 

—  in  general. 

Annotation. 

Right  of  carrier  to  grant  exclusive  train 
privilege  to  baggage  or  passenger 
transfer  companies.  1917F,  1O85. 

Grant  by  carrier  of  exclusive  privilege  to 

baggage   company    at    station.      1917F, 

1080. 
Measure  of  damages  for  delay  of  baggage. 

19]  6A,  545. 

Judicial  notice  of  custom  PS  to.    1916A,  545. 
Error  in  admission  of  evidence  in  action  for 

loss  of  baggage.     1915B,  608. 
Sufficiency    of   evidence   to    support    verdict 

for  loss  of  package.     1916E,  478. 
L.R.A.  Tri.  Index  1915-17.— 5. 


Instructions  in  action  for  loss  of  baggage. 

1916E,  478. 
Pleading    in    action    for    loss    of    baggage. 

1916E,  487. 

Effect  of  Interstate  Commerce  Act  on  car- 
rier's duty   to  give   receipt  for  inter- 
state baggage.     1915B,  450. 
Liability    of     baggage    transfer    company. 

1916D,  1199. 
When    liability   as  carrier   ceases.     1915E, 

281;   1915D,  113. 
Liability  of  carrier  as  an  insurer.     1916A, 

545. 
Liability  of  carrier  as  gratuitous  bailee  of 

baggage.     191 6E,  478. 
Requiring  owner  to  travel  over  same  lines 

and  on  same  day  as  baggage.     1915E, 

281. 
Loss  of  hand  baggage  placed  in  vestibule  by 

porter.     1915B,  608. 
Duty  to  deliver  baggage  immediately  upon 

arrival    of    passenger    at    destination. 

1916A,  545. 
Effect  of  passenger  on  steamboat  refusing 

to  pay  fare  upon  loss  of  his  baggage  in 

the  water  on  his  right  to  recover  for 

such  loss.     1916E,  487. 

—  what  is  baggage. 

Sample  trunks.     1916A,  545. 

—  liability  of  sleeping  car  company. 

For  loss  by  theft.     1915B,  621. 

—  limitation   of  liability. 

Effect  of  contract  fixing  maximum  liability 
for  loss  of  baggage,  where  carrier  de- 
livers passenger's  baggage  to  person 
not  entitled  to  receive  it.  IQ^QA,  1270. 

Necessity  of  filing  or  posting  limitation  of 
liability  as  to  baggage.  1915B,  450. 

Limiting  amount  of  liability  unless  greater 
value  is  declared  by  owner  and  excess 
charges  paid.  1915B,  450. 

Transportation    of   corpse. 

Punitive  damages  for  compelling  payment 
of  excess  fare  for  corpse.  1916^A,  565. 

Who  may  maintain  action  for  breach  of  con- 
tract as  to.  1916A,  565. 

Connecting  passenger  carriers. 

Connecting  freight  carriers,  see  infra. 

Estoppel  of  connecting  carrier  defending 
personal  injury  action  under  release 
from  liability  contained  in  contract  of 
initial  carrier,  to  contend  that  its  own 
tariff  made  this  contract  unlawful. 
1917F,  1128. 

Carriers  of  freight  generally. 

Rights  and  liabilities  of  transferees  of  bills 
of  lading,  see  BILLS  OF  LADING. 

Annotations. 

Deviation  as  affecting  carrier's  right 
to  avail  itself  of  provisions  of  spe- 
cial contract  of  affreightment. 
19 17 A,  62. 


CARRIERS. 


Effect  of  "breaking  continuity  of  ship- 
ment upon  its  interstate  character 
1917D,  1184:. 

Presumption  as  to  conduct  of  business  by 
interstate  carrier  in  violation  of  Fed- 
eral legislation.  1917A,  265. 

Rights  and  liabilities  of  parties  to  inter- 
state shipment;  what  law  governs 
1917A,  265. 

Parol  evidence  as  to  route  over  which  goods 
were  to  be  shipped.  1917A,  58. 

Effect  on  respective  rights  of  carrier  and 
shipper  of  adoption  of  uniform  bill  of 
lading.  1916C,  606. 

Right  of  carrier  induced  by  shipper  to  issue 
bill  of  lading  representing  car  to  con- 
tain more  wheat  than  it  actually  con- 
tained, to  indemnity  from  shipper  from 
resulting  liability  to  third  person. 
1916Cy  429. 

Rights  as  against  third  persons  of  carrier 
which,  having  innocently  converted 
property  as  result  of  wrongful  act  of 
unknown  persons,  pays  owner  therefor 
and  takes  assignment  of  his  rights. 
1917F,  440. 

Duty  to  receive  and  transport. 

Refusal  to  accept  liquors  for  delivery  in 
other  state  in  violation  of  its  laws. 
1916C,  278. 

Agreement  to  receive  goods  at  places  other 
than  regularly  designated  places  for  re- 
ception of  freight.  1916D,  974. 

Liability  of  carrier  for  injury  to  business 
of  shipper  by  failure  of  its  agent  to 
forward  promptly  logs  tendered  for 
shipment.  1915C,  250. 

Loss  of,  or  injury  to,  property. 

Stipulations  to  limit  liability,  see  infra. 
Loss  of  or  injury  to  live  stock,  see  infra. 
Measure  of  damages  for,  see  DAMAGES. 

Annotations. 

Must  seller  or  buyer  bear  loss  from 
failure  to  contract  with  carrier  for 
fuli  liability.  1917F,  561. 

Liability  of  carrier  for  damages  to 
freight  because  of  defects  in  or  im- 
proper condition  of  car.  1917C, 
51O. 

Jurisdictional  amor.nt  in  action  for  injury 

to  property.     1917B,  924. 
Burden  of  proving  custom  relied  on  to  show 

constructive  delivery  to  carrier.    1916D, 

974. 
Presumption    and    burden    of    proof    as    to 

cause  of  injury.     191 5D,  547. 
Presumption  and  burden  of  proof  as  to  ne"- 

ligence.     1915D,  644,  974;   1917C,  507. 
Negligence    as   question    for    jury.      1915D, 

547. 
Parol  evidence  in  action  for  loss  of  goods. 

1917A,  58. 
Review  of  verdict,  or  findings  as  to.     1917C, 

507. 

\Yliat  constitutes  delivery  of  goods  to  car- 
rier. 1916C,  606;  1916D,  974;  1916E, 

1194. 


Carrier  as  insurer  of  goods  shipped.  191 5D, 
1077;  1917C,  507. 

Constitutional  provision  making  carrier  lia- 
ble for  all  grain  received  for  shipment 
1917E,  1011. 

Effect  of  Carmack  Amendment  on  common 
law  liability  of  carrier  with  respect  to 
loss  occurring  on  its  own  line.  1917A. 
265. 

Application  of  provisions  of  Carmack 
Amendment  as  to  suits  by  holders  of 
bills  of  lading,  to  suit  under  state 
statute  for  failure  to  deliver  all  grain 
received  for  shipment.  1917E,  1011. 

Damage  not  caused  by  carrier's  negligence. 
1917C,  507. 

Loss  by  act  of  God.  1915D,  547;  1916D, 
974;  1917E,  1011. 

Negligence  of  shipper  concurring  with  act 
of  God.  1916D,  974. 

Loss  by  flood  through  delay  of  shipment  by 
carrier.  1916D,  974,  982. 

Loss  by  blizzard  or  snowstorm.  1915D, 
547. 

Liability  for  loss  where  goods  are  reshipped 
without  authority  upon  consignee's 
failure  to  remove  them.  1917D,  916. 

Loss  during  detention  of  goods  for  nonpay- 
ment of  illegal  charges  for  wrongful  re- 
shipment  from  place  of  destination. 
1917D,  916. 

Effect  of  contributory  negligence  of  ship- 
per. 1915D,  1077. 

Liability  for  loss  of  mail.     1915A,  374. 

Delivery  by  carrier;  delay. 

—  in  general;  refusal  to  deliver. 

Choice  of  remedy  for  conversion  by  carrier. 

1917B,  787. 
Place  of  delivery.     1917D,  916. 

—  notice    of    arrival;    termination    of 

liability. 

Parol  evidence  of  mailing  of  notice  of  ar- 
rival of  goods.  1917C,  416. 

Necessity  of  notice.     1917D,  916. 

Delay  by  consignee  in  removing;  carrier's 
duty  to  hold  goods  a  reasonable  time; 
wrongful  reshipment.  1917D,  916. 

—  misdelivery;  wrongful  delivery. 

Delivery  of  freight  to  true  owner  without 
requiring  production  of  bill  of  lading. 
1917D,  481. 

—  time;  delay. 

Measure  of  damages  for  delay.  1917A,  197. 
Prejudicial  error  in  instructions  as  to  dam- 
ages for  delay.  1917A,  193. 

Liability  and  lien  for  freight  charges; 
rates. 

Regulation  of  rates,  see  infra. 

Annotations. 

Agreement  or  custom  of  carrier  to 
notify  consignor  of  consignee's  re- 
fusal to  accept  goods  or  pay  freight. 
1917C,  1127. 

'Liability  of  consignor  for  freight. 
1917A,  665. 


CARRIERS. 


67 


Carrier's  charges  based  upon  extra 
transportation  of  goods  rendered 
necessary  by  carrier's  own  fault  or 
mistake.  1917D,  92O. 

Freight  charges  incurred  by  vendor  as  ele- 
ment of  damages  for  breach  of  contract 
by  purchaser.  1915E,  851. 

Liability  on  contractor's  bond  for  freight 
charges  for  transporting  material. 
1917C,  912. 

Statute  allowing  attorney's  fee  to  success- 
ful plaintiff  in  action  for  overcharge 
where  claim  is  not  paid  within  certain 
time.  1915E,  942. 

Liability  of  consignor  for  freight.  1917A, 
663;  1917C,  1124. 

Charges  founded  upon  wrongful  reshipment 
of  goods  from  their  place  of  destina- 
tion. 1917D,  916. 

Right  to  recover  full  rates  when  less  has 
been  collected.  1915E,  665;  1916E, 
1127;  1916F,  120. 

Recovery  of  overcharges  exacted  by  carrier 
during  existence  of  injunction  restrain- 
ing putting  in  force  of  lower  schedule. 
1916C,  309. 

Carrying  live  stock. 

Stipulations  to  limit  liability,  see  infra. 
Discrimination    between     shippers    of    live 
stock,  see  infra. 

Liability  of  carrier  for.  injury  by  live  stock 
escaping  from  cars.  1915D,  563. 

Regulation  of  rights  and  liabilities  of  par- 
ties by  Carmack  Amendment.  1916D, 
345. 

Liability  for  injury  resulting  from  improper 
loading.  1915C,  1220. 

Affirming  in  part  and  reversing  in  part 
general  verdict  for  damages.  1917C, 
433. 

Measure  of  damages  for  delay  in  furnish- 
ing cars  for.  1917B,  564. 

Fixing  minimum  limit  of  speed  for  trans- 
portation of  live  stock.  1917C,  135. 

Review  by  courts  of  statute  regulating  rate 
of  speed  for  transportation  of  live 
stock.  1917C,  135. 

Effect  on  right  to  declare  unconstitutional 
statute  regulating  speed  for  transpor- 
tation of  live  stock,  of  decision  in  other 
case  upholding  statute.  1917C,  135. 

Injury  to  caretaker  of  live  stock.  1917F, 
1128. 

Stipulations  as  to  liability. 

—  in  general. 

As  to  passenger,  see  supra. 
As  to  baggage,  see  supra. 

Question  for  jury  as  to  fairness  of  contract. 
1915D,  644." 

Burden  of  proof  as  to  negligence  where  con- 
tract limits  liability  to  loss  through 
negligence.  ]915D,  644. 

Right  of  shipper  to  sue  carrier  upon  latter's 
common-law  liability  notwithstanding 
special  contract  of  shipment.  1915D, 
644. 


Right  of  carrier,  by  filing  regulation  with 
State  Public  Utilities  Commission,  to 
relieve  itself  from  statute  forbidding 
contracts  limiting  liability.  191 7B. 
787. 

Stipulation  exempting  carrier  from  liabil- 
ity for  goods  delivered  on  "private  or 
other  siding"  until  cars  are  attached 
to  a  train.  191 6C,  606. 

Effect  of  deviation  in  route,  on  contract 
limiting  liability.  1917A,  58. 

Exemption  of  carrier  from  liability  for  dis- 
crepancy in  elevator  weights  of  grain. 
1917E,  1011. 

—  as  to  amount. 

Evidence  on  question  of  validity  of  limita- 
tion. 1917A,  197. 

Assent  of  shipper;  reduced  rates.  1917B, 
787. 

—  as  to  time  of  giving  notice  or  com- 

mencing suit. 

Requiring  notice  of  injury  to  stock  before 
it  is  removed  from  place  of  shipment  or 
destination.  1916D,  335,  345. 

Time  of  commencing  suit.  1916D,  335,  345, 
1046. 

Waiver  of  provisions.  1916D,  345,  1046; 
1917C,  433. 

Contract  or  duty  to  furnish  ca.rs. 
Measure  of  damages  for  failure  to  furnish 
cars.     1917B,  564. 

Demurrage  on  cars. 

Annotation. 

Right  of  railroad  to  charge  storage  or 
demurrage  where  the  refusal  to  re- 
move the  goods  is  due  to  a  dispute. 
1917C,  419. 

Right  of  Interstate  Commerce  Commission 
to  act  on  demurrage  rule  relating  to 
private  cars.  1917E,  916. 

Review  by  courts  of  demurrage  -rule  ap- 
proved by  Interstate  Commerce  Com- 
mission. 1917E,  916. 

Delay  by  consignee  in  removal;  right  of 
carrier  to  charge  for  storage.  1917C, 
416. 

Connecting  carriers. 

Passenger  carriers,  see  supra. 

Liability  of  carrier  receiving  from  connect- 
ing carrier  potatoes  loaded  in  improper 
cars,  for  injury  resulting  from  continu- 
ing shipment  in  such  cars.  1917C,  507. 

Effect  of  Carmack  Amendment  on  common 
law  liability  for  loss  occurring  on  car- 
rier's own  line.  1917A,  265. 

Effect  of  Carmack  Amendment  on  liability 
for  damage  by  loss  of  market  because 
of  delay  in  transportation.  1917A, 
193. 

Criminal    transportation. 

Liability  for  violating  liquor  law  1916C, 
291;  1916F,  1001. 


68 


CARRIERS. 


Injunction  to  prevent  carrier  from  trans- 
porting liquors  in  violation  of  statute. 
1916C,  291. 

Injunction  against  transportation  of  pas- 
sengers carrying  liquor.  1916F,  1001. 

Governmental  control;  rates;  discrim- 
ination; duty  as  to  stopping 
places  and  as  to  running  trains. 

—in  general. 

Regulation    of    interstate   business    of,    see 

COMMERCE. 
Constitutionality  of  regulations  as  to,  see 

CONSTITl  TIONAL  LAW. 

As  to  powers  of  public  service  commissions 
generally,  see  PUBLIC  SERVICE  COM- 
MISSIONS. 

Annotations. 

Cumulative  penalties  for  failure  of  car- 
rier to  provide  separate  accommo- 
dations for  white  and  colored  per- 
sons. 1917B,  548. 

Constitutionality  of  statute  which 
makes  shipper's  statement  as  to 
weight  conclusive.  1917E,  1O22. 

Constitutionality  of  statute  imposing 
penalty  or  added  liability  for  fail- 
ure of  railroad  or  carrier  to  pay 
claim.  1917  B,  926. 

Constitutionality  of  statute  fixing  min- 
imum rate  of  speed  at  which  carri- 
er may  transport  special  kinds  of 
freight.  1917C,  142. 

Bight  of  state  or  municipality  to  forbid 
solicitation  of  patronage  at  railway 
stations.  1917D,  690. 

Regulation  of  use  of  highway  by  common 
carrier  vehicles.  1915F,  840. 

Presumption  in  support  of  order  of  railroad 
commission.  1915D,  98. 

Prohibiting  person  to  act  as  conductor  with- 
out having  previously  served  as  freight 
conductor  or  fireman.  1915D,  677. 

Question  for  jury  as  to  intent  of  one  riding 
on  freight  train  to  be  carried  free  in 
violation  of  statute.  1917B,  1291. 

Validity  of  legislation  rendering  contract 
for  pass  invalid.  1916E,  622. 

Ordinance  forbidding  solicitation  of  patron- 
age for  transportation  of  persons  or 
baggage.  1917D,  688. 

Effect  of  unintentional  omission  by  carrier 
from  report  to  Interstate  Commerce 
Commission  to  subject  it  to  penalty  or 
forfeiture.  1917A,  1198. 

Regulating  length  and  form  of  running 
gear  upon  caboose  cars.  1915D,  458. 

Forbidding  carrier  to  transport  milk  when 
warmer  than  a  specified  temperature. 
1917C,  238. 

t  Municipal  regulation  as  to  temperature  of 
street  cars.     1915F,  792. 

Municipal  regulations  as  to  passengers  rid- 
ing on  platforms.  1915F,  792. 

Fixing  minimum  limit  of  speed  for  trans- 
portation of  live  stock.  1917C,  135. 

Prohibiting  letting  down  of  unengaged  up- 
per berth  in  sleeping  car  when  lower 
berth  is  occupied.  1916A,  1133. 


Penalty  for  failure  to  equip  trains  with 
separate  accommodations  for  white  and 
colored  passengers.  1917B,  544. 

Penalty  for  failure  promptly  to  settle  claim. 
1917B,  924. 

Allowance  of  attorney's  fee  where  claim  is 
not  paid  within  certain  time.  1915E, 
942. 

Statute  providing  that  when  desired  grain 
shall  be  shipped  in  bulk  and  shall  be 
weighed  upon  receipt.  1917E,  1011. 

Statute  making  sworn  statement  of  shipper 
as  to  amount  of  grain  delivered  to  car- 
rier conclusive.  1917E,  1011. 

Siding  •  facilities;  switch  connections. 
1915E,  682;  1916F,  1281. 

—  compulsory    connection    and    inter- 

change    of    business;     discrimina- 
tions between  hackmen,  etc. 

Annotations. 

Requiring  connection  or  joint  use  of 
properties  of,  as  a  talcing  for  which 
compensation  must  be  made. 
.  1917E,  1OS3. 

Right  of  carrier  to  grant  exclusive  train 
privilege  to  baggage  or  passe nyer 
transfer  companies.  1917F,  1O85. 

Exclusive  contract  between  carrier  and 
private  corporation  to  load  logs  of  pri- 
vate shippers  between  stations.  1915C, 
250. 

Grant  by  carrier  of  exclusive  privilege  to 
transfer  or  baggage  company  at  station. 
1917F,  1080. 

—  rates;    discrimination  between   pas- 

sengers      or       shippers;       rebates; 
passes. 

Annotation. 

Effect  of  fact  that  return  as  a  whole 
is  reasonable  on  right  to  require 
railroad  to  transport  commodity 
for  less  than  reasonable  compensa- 
tion. 1917F,  1158. 

Posting  or  filing  rates.     1915B,  450;  1917F, 

1128;   1917A,  265;   1917B,  787;   1917C, 

1124. 
Necessity  of  submitting  question  of  unjust 

discrimination  to  Interstate  Commerce 

Commission    before    appeal    to    courts. 

1916D,  253. 

Jurisdiction    of    action    for    unlawful    dis- 
crimination.     1917F,   414. 
Validity  of  custom  or  special  arrangement 

with  particular  shippers.     1917C,  1124. 
Waiver  of  provision  as  to  time  of  notice  of 

injury    as    a    discrimination.       1917C, 

433. 
Giving   one  ship   broker  exclusive -right  to 

storage  space  on  export  wharf.     1916D, 

253. 
Duty  to  charge  without  deviation  rates  filed 

with      Public      Utilities      Commission. 

1917B,  787. 


CARRIERS— CARTING  COMPANY. 


69 


Discrimination  as  to  switching  charges. 
1916A,  1107. 

Rebates.     1917F,  414. 

Temporary  injunction  against  enforcement 
of  rate  by  railroad  commission.  1915A, 
1. 

Injunction  restraining  enforcement  of  rates 
fixed  by  statute  pending  action  to  test 
its  validity  as  protecting  carrier  from 
prosecution  for  its  violation.  1916B, 
764. 

Recovery  of  overcharges  exacted  by  carrier 
during  existence  of  injunction  restrain- 
ing putting  in  force  of  lower  schedule. 
1916C,  309. 

Effect  of  statute  fixing  uniform  rates  on 
prior  contract  between  carrier  and 
shipper.  1915F,  732. 

Regulation  of  rates  in  interstate  business. 
1916E,  622. 

Jurisdiction  of  action  to  test  validity  of 
statute  fixing  rates.  1916B,  764. 

Review  by  court  of  reasonableness  of  statu- 
tory "rates.  1916B,  764. 

Regulation  of  rates  as  impairment  of  con- 
tract obligations.  1915F,  732,  744. 

Reasonableness  of  rates.     1917F,  1148. 

Regulations  as  to  mileage  or  penny-script 
books.  1915E,  902. 

What  constitutes  switching  service  within 
statute  regulating  charge  for.  1916D, 
452. 

Requiring  that  special  rates  be  given  to 
militiamen.  1915C,  778. 

Requiring  street  railway  companies  to  grant 
free  transportation  to  police  officers. 
1917E,  1176. 

—  duty  as  to  depots;  duty  to  run  trains 
or  operate  road. 

Annotation. 

Consideration  of  entire  return  of  rail- 
road company  in  passing  upon  its 
duty  to  operate  a  branch  line  at  a 
loss.  1917F,  1193. 

Finding  by  Interstate  Commerce  Commis- 
sion as  condition  precedent  to  mainte- 
nance of  action  for  breach  of  contract 
to  run  special  interstate  train.  1917D, 
750. 

Damages  for  breach  of  contract  to  run 
special  train.  1917D,  750. 

Interference  with  interstate  commerce  by 
regulations  as  to  number  of  passengers 
on  ca*  and  number  of  cars.  1915F,  792. 

Requiring  construction  of  union  depot. 
1915D,  OS. 

Order  of  railroad  commission  to  change  lo- 
cation of  depots.  1915D,  91. 

Common-law  duty  of  carrier  to  establish 
and  maintain  reasonable  transporta- 
tion facilities.  1917F,  1190. 

Requiring  carrier  to  maintain  adequate 
passenger  facilities  on  lateral  railroad 
line.  1D17F,  1190. 

Duty  to  operate  road;  abandonment  of  un- 
profitable branch.  1915A,  549;  1915D, 
547;  1917D,  1105. 


CARRYING   ON   BUSINESS. 

Annotation. 

Purchase  of  supplies  by  foreign  mining 
or  manufacturing  corporation  as 
doing  business  within  state. 
1917E,  1157. 

What  constitutes.  1916C,  572;  1916E,  241; 
1916F,  329;  1917A,  282;  1917C,  1012; 
1917E,  1152. 


CARRYING    WEAPONS. 

Annotation. 

Constitutional  right  to  bear  arms. 
1917C,  63. 

Applicability  to  state  legislation  of  pro- 
vision of  Federal  Constitution  as  to 
right  to  bear  arms.  1917C,  60. 

Right  of  individual  to  carry  weapons  on 
occasions  when  he  deems  it  necessary. 
1917C,  60. 


CARS. 

Carrier's  duty  to  furnish,  see  CARRIERS. 

Annotations. 

Which  party  is  to  furnish  cars  under  a 

contract    to    ship    goods    f.    o.    b. 

1917A,    1163. 
Liability    of    carrier    for    damages    to 

freight    because    of    defects   in,    or 

improper  condition  of  car.     1917C, 

51O. 
Application   in  case  of   lack  of  cars  of 

provision  in  mining  lease  excusing 

payment     of     minimum     royalties. 

1917E,  1079. 

Judicial  notice  as  to  comparative  safety  of 
different  types  of  cars.  1915D,  458. 

Statute  as  to  remodeling  or  construction  of 
caboose.  1915D,  458. 

Contributory  negligence  of  employee  as  to. 
1915F,  3. 

Effect  of  inability  to  secure  cars  for  trans- 
portation of  coal  on  liability  of  lessee 
of  coal  mine  for  royalties.  1917E,  1075. 

Duty  of  one  contracting  to  deliver  goods 
f.  o.  b.  cars  to  procure  the  cars  and 
load  the  goods  thereon.  191 7A,  1157. 

Negligence  of  shipper  in  permitting  escape 
of  cars  irom  sidetrack  during  loading 
on  to  main  track.  1917C,  768. 

Injury  to  employee  resulting  from  condition 
of.  1917A,  558:  IflHE,  210,  218. 

Iniurv  to  property  transported  by  improper 
condition  of.  1917C,  507. 


CARTING    COMPANY. 

See  TRANSFER  COMPANY. 


70' 


CASE— CATHOLICS. 


CASE. 

In  general. 

Right  of  action  for  causing  Ocath,  see 
DEATH. 

Injury  by  fright,  see  FRIGHT. 

Liability  of  seller  or  manufacturer  for  in- 
jury due  to  defects,  see  NEGLIGENCE. 

Annotations. 

Action   for  seduction  independently   of 

loss  of  services.     1917E,  758. 
Right    of    action    for    fraud    or    deceit 

causing    loss    of   remedy.      1917F, 

719. 

Effect  of  wrong  motive.  1916C,  1134; 
1916F,  903. 

Right  of  action  for  fraudulently  prevent- 
ing person  from  bringing  action  with- 
in time  allowed  by  Statute  of  Limita- 
tions. 1917F,  717". 

Mother's  right  of  action  for  betrayal  of 
minor  daughter  who  is  still  alive. 
1917E,  756. 

Right  of  action  against  third  person  who 
maliciously  induces  change  of  bene- 
ficiary of  benefit  certificate.  1916C, 
1134. 

Right  of  general  creditor  to  maintain  ac- 
tion against  third  party  for  fraudu- 
lently inducing  such  creditor  to  forbear 
legal  action  to  collect  his  debt.  191 7E, 
1146. 

Injury  to  property.  1916F,  1289;  1917D, 
214;  1917E,  975. 

Injury  to  business.  1915B,  1179,  1196; 
1916B,  83.3,  1238;  1916C,  986;  1916D, 
391. 

Liability  to  legatee  of  one  mutilating  an- 
other's will.  1917B,  556. 

Inducing  breach  of  contract. 

Pleading  in  action  for.     1915F,  1076. 

Evidence  in  action  for  damages  for.  1915D, 
785. 

Maliciously  inducing  breach  of  contract. 
1915F,  1076. 

Causing  breach  of  contract  to  lend  money 
to  redeem  mortgaged  land  by  flooding 
of  land.  1917F,  790. 

Liability  of  landlord  to  electric  light  com- 
pany for  requiring  tenants  to  discon- 
tinue such  company's  service.  1916B, 
813.  » 

Inducing  discharge  of  servant.  1915D,  785; 
1917C,  1053. 


CASE    MADE. 


On  appeal,  see  APPEAL  AND  ERROR. 

Loss  of,  in  mails,  as  ground  for  new  trial. 
1917B,  1073. 


CASES    CERTIFIED. 

Duty  of  court  in  allowing  appeal  in  crimi- 
nal cases  to  formulate  and  certify  a 
specific  question.  1915D,  223. 

Questions  involved  in  action  for  breach  of 
covenant.  1915C,  698. 


CASH   DIVIDENDS. 

Income  tax  on.     1917F,  806. 
Relative  rights  of  life  tenant  and  remainder- 
man to.    1915A,  738. 


CASHIER. 

Annotation. 

Effect  of  insertion  of  unauthorised  pro- 
visions in  bond  of.     1917B,  991. 

Imputing     to    bank,    cashier's    knowledge. 

1916F,  822. 
Of  bank,  authority  of.     1915B,  542;  1917A, 

1021;  1917E,  90]. 
Of     bank,     embezzlement     of     deposit     by. 

1917A,  519. 
Cancelation    of   deeds    and   notes   given   by 

wife  of  bank  cashier  to  save  him  from 

prosecution  for  embezzlement.     1917D, 

1170. 

Bond  for  fidelity  of.     1917B,  984. 
Refusal  to  answer  questions  propounded  by 

grand  jury.     1915D,  1061. 
Liability  as  bailee  of  cashier  of  bank  who 

has  agreed  that  property  may  be  stored 

in  the  bank.     1915B,  542. 


CASUAL    EMPLOYEES. 

Annotation. 

Application  to,  of  Workmen's  Compen- 
sation Act.  1917D,  147. 

Effect  of  exclusion  of,  on  validity  of  Work- 
men's Compensation  Act.  1916D,  412; 
191 7D,  15. 

Who  are,  within  meaning  of  Workmen's 
Compensation  Act.  1916A,  363;  1916C, 
329;  1916E,  506. 


CATHOLICS. 

Annotation. 

Remarriage      of      divorced      Catholics. 
1&17C,  1O20. 

Sufficiency   of   ceremony   for   remarriage   of 
divorced  Catholics.     1917C,  1017. 


CATS. 


CATS— CERTIFIED  QUESTIONS. 

CEMETERIES. 


71 


Cat  as  within  protection  of  statute  author- 
izing killing  of  dog  attacking  any  do- 
mestic animal.  1915C,  359. 


CATTLE. 

In  general,  see  ANIMALS. 
Transportation  of,  see  CARRIERS. 


CATTLE  GUARDS. 

Duty  of  railroads  as  to.    1915B,  134. 


CAUSA    MORTIS. 


Gift,  see  GIFT. 


CAUSE. 

Presumption    and   burden    of   proof   as   to, 

see  EVIDENCE. 

Opinion  evidence  as  to,  see  EVIDENCE. 
Sufficiency  of  proof  of,  see  EVIDENCE. 
Of  loss,  death,  or  injury  insured  against, 

see  INSURANCE. 
Proximate  cause,  see  PROXIMATE  CAUSE. 


CAVEAT  EMPTOR. 

In  general,  see  SALE. 

Application  of  doctrine  of,  to  sale  of  ward's 
lands  under  order  of  court.  1915E, 
834. 

Application  of  rule  caveat  emptor  to  one 
purchasing  building  with  projections 
encroaching  on  street.  191 6A,  1176. 


CEILING. 

Injury  to  workman  by  fall  of,  as  within 
protection  of  Workmen's  Compensation 
Act.  1917B,  595. 


CELEBRITY. 

Annotation. 

Name    of    celebrity    as    trademark,    or 
tradename.      1O17C,   1161. 


CEMENT. 

Warranty  on  sale  of.    1915B,  1131. 


Annotation. 

Forbidding  burial  of  negro  in  cemetery 

controlled       by       white       persons. 

1917B,  94:8. 

Injunction  against  use  of  land  for.  1916B, 
1135. 

Police  regulations  as  to.     1915E,  168. 

Rights  as  to  burial  lots.     1915E,  168. 

Effect  of  exemption  of  cemetery  from  taxa- 
tion to  fix  its  character  as  a  public 
one.  1917B,  946. 

Refusal  to  permit  burial  of  colored  persons 
in.  1917B,  946. 


CENSURING. 

Of  attorney,  see  "ATTORNEYS. 


CERTIFICATE  OF  DEPOSIT. 

See  BANKS. 

4  •  » 


CERTIFICATES. 

Of  acknowledgment,  see  ACKNOWLEDGMENT. 
Of  deposit,  see  BANKS. 
As  evidence,  see  EVIDENCE. 

Of  nomination;  mandamus  to  compel  rescis- 
sion of  acceptance  of.  1917E,  475. 

Effect  of  renewal  of  bank  deposit  certificate 
as  a  novation  of  the  original  indebted- 
ness. 1915B,  168. 

Filing  by  respondent  of  certificate  showing 
obedience  to  peremptory  writ  of  man- 
damus. 1917F,  776. 

Presumption  as  to  truth  of  certificate  of 
public  officer.  1915D,  772. 

Requiring  health  certificate  as  condition  of 
admission  to  public  school.  1915A, 
632. 

Certificates  of  redemption.     1915D,  349. 


CERTIFICATION. 

Of  questions,  see  CASES  CERTIFIED. 
Of  check,  see  CHECKS. 

Of  corporate  by-laws.     1915E,  774. 


CERTIFIED  CHECKS. 

See  CHECKS. 

•»*» 


CERTIFIED   QUESTIONS. 

See  CASES  CERTIFIED. 


72 


CERTIORARI— CHARGES. 


CERTIORARI. 

Jurisdiction;  use  of  writ  generally. 

To  review  order  of  Public  Service  Commis- 
sion fixing  rates.  1917B,  930. 

To  review  acts  of  court  in  habeas  corpus 
proceeding.  1915E,  235. 

Procedure;  hearing;  determination. 

Annotation. 

Effect  of  insertion  of  unauthorized  pro- 
visions  in  bond.  1917U,  1OO2. 

Review  of  findings  of  trial  court  on  certio- 
rari  to  review  award  under  Workmen's 
Compensation  Act.  1917F,  1094. 

Nature  and  extent  of  review.     1915D,  772. 


CESTUI   QUE    TRUST. 

See  TBUSTS. 


CHAIN. 

Annotation. 

Applicability  of  res  ipsa  loquitur  in  case 
of  injury  to  servant  by  breaking  of 
rope,  chain,  etc.  1917E,  239. 


CHAIR  CARS. 

See  SLEEPING  AND  PABLOE  CABS. 


CHAMBER  OF  COMMERCE. 

Power  of,  to  grant  subsidies.     391GB,  1006. 

Right  of  one  subscribing  to  fund  to  be  used 
by,  for  industrial  development  to  ob- 
ject to  manner  of  use.  1916B,  1006. 


CHAMPERTY  AND  MAINTENANCE. 

In  general. 

Presumption  that  contract  is  free  from. 
1916E,  64. 

Full  faith  and  credit  to  decree  of  other 
state  holding  contract  champertous. 
1915F,  984. 

Agreement  by  layman  to  collect,  compro- 
mise, or  settle  a  promissory  note  for 


percentage 
1916E,  64. 


of       amount       recovered. 


Agreements     between     attorney     and 
client. 

Advising  client  against  settlement  of  case. 

1917B,  1140. 
Advancing  money  to  poor  client  for  living 


expenses     during 
1140. 


litigation.       191JB, 


Solicitation     of     business 
1917B,  1140. 


as     champerty. 


Purchase  of  realty  in  third  person's 
possession. 

Applicability  in  New  Mexico  of  statute  of 
Henry  VIII.  permitting  buying  or  sell- 
ing of  pretended  right  or  title  to  land 
until  vendor  is  in  actual  possession  of 
the  land  or  of  the  reversion  or  of  the 
remainder.  1915F,  648. 


CHANGE    IN  INTEREST. 

Of  insured,  see  INSUBANCE. 


CHANGE   OF   BENEFICIARY. 

See  INSUBANCE. 

4  •» 
CHANGE    OF   GRADE. 

Of  highway,  see  HIGHWAYS. 


CHANGE   OF  JUDGE. 

See  JUDGES. 


CHANGE  OF  LOCATION. 


Of  insured  property. 
408;  1915D,  239. 


1915B,   361;    1915C, 


CHANGE   OF  POSITION. 

Of   persons   seeking    to    set    up     estoppel. 
1915A,  872,  1132;  1915B,  725. 


CHARACTER. 

Opinion  evidence  as  to,  see  EVIDENCE. 
Evidence  as  to  generally,  see  EVIDENCE. 
Libelous   charges   affecting,   see   LIBEL  AND 
SLANDEB. 

Sufficiency    of    objection     to     evidence     of. 

1916A,  1240. 
Presumption    and   burden    of   proof    as    to. 

1915D,  1070;   1916D,  590. 


CHARGES. 

For  freight,  see  CABBIEBS. 
Upon    interest    or    property    devised,    see 
WILLS 


CHARITIES— CHATTEL  MORTGAGE. 


73 


CHARITIES. 

In  general. 

What  are  charities. 

Conditions;  existence  and  capacity  of 

trustees   or  beneficiaries. 
Def.niteiiess;   discretion  of  trustee. 
Enforcement;   control;   forfeiture. 
Liability  for  damages. 


In  general. 

Subscription  to  charitable  object,  see  SUB- 
SCRIPTION. 

Works  of,  on  Sunday,  see  SUNDAY. 
Exemption  of,  from  taxation,  see  TAXES. 

Right  of  municipality  to  determine  who 
may  engage  in  charitable  work.  1916D, 
905. 

Effect  of  fact  that  gift  for  charitable  pur- 
pose is  intended  by  donor  also  as  a 
memorial  to  a  relative  or  friend. 
1917D,  1060. 

Effect  on  validity  of  bequest  for  mainte- 
nance of  dance  hall  of  fact  that,  if  not 
properly  supervised,  hall  may  degener- 
ate into  undesirable  place.  1917D, 
1062. 

What  are  charities. 

Admissibility  of  evidence  to  show  chari- 
table nature  of  corporations.  1917F, 
741. 

Gift  for  erection  and  maintenance  of  build- 
in.?  for  library  and  lectures  for  use  of 
laborers ;  effoct  of  provision  for  dancing 
and  moral  amusements.  1917D,  1062. 

Home  for  gentlewomen;  effect  of  requiring 
inmates  to  pay  something  toward  run- 
ning expenses.  1916E,  1246. 

Effect  of  preference  of  beneficiaries  in  favor 
of  friends  and  relatives  of  the  donor. 
1916E,  1246. 

Conditions;  existence  and  capacity  of 
trustees  or  beneficiaries. 

Right  of  private  individuals  to  question 
right  of  corporation  to  administer  a 
trust.  1917D,  1062. 

Definiteness;  discretion  of  trustee. 

Discretion  of  trustee  as  to  objects  of  gift. 

1917D,  819. 
As  to  beneficiaries.    1917D,  819,  1060,  1062; 

1917F,  660. 

Enforcement;  control;  forfeiture. 

Impossi'     ity    of    accomplishment.      1917C, 

937. 
Diversion  of  property  or  funds  to  private 

profit.    1917F,  741. 

Liability  for  damages. 

Annotation. 

Liability  of  benevolent  or  fraternal  so- 
ciety for  injury  to  person  during 
initiation  or  expulsion.  1917C, 
476. 


Liability  for  injury   inflicted  in  initiating 

candidate  in   fraternal  order.      1917C, 

469. 
Injury  to  employee  of  city  fire  department 

by  unsafe  condition  of  fire  escape  on 

building.     1917D,  967. 


CHARTER. 

Of  club,  see  CLUBS. 

Of  corporation  generally,  see  CORPORATIONS. 
Of  municipality,  see  MUNICIPAL   CORPORA- 
TIONS. 

Of  bank,  right  of  state  banking  board  to 
refuse.    1917D,  310. 

4  •  » 


CHARTER  PARTY. 

See  SHIPPING. 


CHASTITY. 


Evidence  of  reputation  as  to.     1916B,  963. 


CHATTEL   MORTGAGE. 

Property  subject  to  mortgage;  after- 
acquired  property. 
Filing;  recording;  renewing. 
Effect:  rights  of  parties;  priorities. 

—  in  general. 

—  priority. 

Assignment;     satisfaction;     abandon- 
ment; waiver. 
Enforcement. 


Conflict  of  laws  as  to,  see  CONFLICT  OF 
LAWS. 

Property  subject  to  mortgage;  after- 
acquired  property. 
Future  crops.     1917C,  1,  6,  7. 

Filing;  recording;   renewing. 

Annotation. 

Necessity  of  recording  in  state  to  which 

property  is  subsequently  removed. 

1917D,  942. 

Necessity  of  filing  or  recording.  1916D,  240, 
361;  1917C,  628. 

Restoring  to  validity  as  against"  second 
mortgage  an  unrecorded  chattel  mort- 
gage by  filing  it  for  record  before  the 
second  mortgage  is  filed.  1916D.  240. 

Loss  of  lien  as  against  bona  fide  purchaser 
upon  removal  of  property  to  another 
state.  1917D,  940. 


74 


CHATTEL  MORTGAGE— CHECKS. 


Effect;  rights  of  parties;  priorities. 

—  in  general. 

Waiver  of  rights,  see  infra. 

Validity  as  against  chattel  mortgage  exe- 
cuted by  retailer,  of  retention  of  title 
to  goods  sold  to  retailer  for  resale. 
1917B,  651. 

Equitable  remedy  of  chattel  mortgagee 
seeking  to  recover  possession  of  mort- 
gaged property.  1916B,  1182. 

Condition  precedent  to  action  by  mortgagee 
to  recover  possession  of  property. 
1916B,  748. 

Appointment  of  receiver  in  action  by  mort- 
gagee to  recover  possession.  1916B, 
1182. 

Conversion  by  mortgagee  taking  posses- 
sion of  property.  1915E,  192;  1916C, 
557. 

Right  of  mortgagee  to  question  statute 
existing  when  mortgage  was  taken, 
making  personal  taxes  a  lien  on  all 
personal  property  of  taxpayer.  1915D, 
886. 

—  priority. 

Impairing  obligation  of  contract  by  stat- 
ute aa  to.  1916E,  524. 

Right  of  holder  to  priority  of  payment  out 
of  bankrupt's  estate.  1915B,  148. 

Priority  between  chattel  mortgage  and  tax 
lien.  1915D,  886. 

Priority  over  chattel  mortgage  of  lien  for 
repairs.  1915D,  1149. 

Priority  between  landlord's  lien  and  chat- 
tel" mortgage.  1916F,  446. 

Priority  between  chattel  mortgage  on  horses 
and  lien  for  their  board.  1916B,  748. 

Priority  of  lien  of  mortgage  on  animals  over 
claim  of  one  taking  them  damage 
feasant.  1916E,  524. 

Priority  as  between  chattel  mortgage  on 
future  crops  and  assignment  for  benefit 
of  mortgagor's  creditors.  191 7C,  1. 

Prioritv  between  chattel  mortgage  and  mari- 
time lien.  1917E,  526. 

Priority  over  lien  upon  automobile  for  in- 
juries done  by  it.  1917E,  925. 

Effect  of  renewal  of  conditional  sale  note  to 
extinguish  the  old  note  so  as  to  post- 
pone it  to  intervening  mortgage  by  ven- 
dee. 1916A,  926. 

Assignment;  satisfaction;  abandon- 
ment; waiver. 

Annotation. 

Waiver  of  lien  of  chattel  mortgage  "by 
accepting  proceeds  of  sale  of  prop- 
erty. 1917  A,  1262. 

Waiver  of  lien.    1915C,  166;  1917 A,  1261. 

Enforcement. 

Exclusive  right  of  sheriff  to  execute  power 
of  sale  given  by  chattel  mortgage. 
1916C,  443. 


CHATTELS. 

Mortgage  of,  see  CHATTEL  MORTGAGE. 
Sale  of,  see  SALE. 


CHAUFFEUR. 

Negligence  of,  see  AUTOMOBILES. 

Salary  of,  as  element  of  damages  for  injury 
to  automobile.     1915C,  319. 


CHEATING. 

By  means  of  false  pretenses,  see  FALSE  PBE- 
TENSES. 


CHECKS. 

In  general;  nature  of. 
Certification;  acceptance. 
Bona  fide  holders. 
Forged  paper. 


In  general;  nature  of. 
As  to  duties  and  liabilities  of  bank  with  re- 
spect to,  see  BANKS. 

Annotation. 

Garnishment  of  debt  after  delivery  of 
check,  in  payment.  1917F,  396. 

As  evidence.     1915C,  976. 

Obtaining  check  by  false  pretenses.  1916E, 
1104. 

Giving  of  worthless  check  as  a  false  pre- 
tense. 1917E,  849. 

Larceny  of  proceeds  of.    1916C,  580. 

Acceptance  of  check  in  lieu  of  cash  by  de- 
pository in  escrow.  1916A,  493. 

Authority  of  corporate  officer  to  draw  checks 
to  his  own  order.  1915B,  720. 

Liability  of  bank  on  which  check  is  drawn 
to  holder  thereof.  1915C,  531;  1916C, 
161;  1916D,  433. 

Payment  by.     1916A,  669;  1917B,  1184. 

Garnishment  after  delivery  of  postdated 
check  for  amount  of  the  debt.  1917F, 
394. 

Power  of  president  to  bind  bank  to  pay  post- 
dated check  on  day  of  its  date.  1917F, 
1096. 

What  is  the  nature  of  a  check  under  the 
Negotiable  Instruments  Act.  1917F, 
1096. 

Instrument  given  by  grand  lodge  of  fra- 
ternal society  in  payment  of  a  death 
claim  as  in  legal  effect  an  ordinary 
bank  check.  1916B,  815. 

Legal  effect  of  check  payable  to  order  of 
town  treasurer.  1915B,  725. 

Effect  of  delay  by  one  issuing  check  in  pay- 
ment of  forged  note  to  assert  his 
rights.  1915B,  725. 


Effect  of  check  as  an  assignment.  1916A, 
711. 

Certification;  acceptance. 

Annotation. 

Effect  of  certification  of  postdated 
check.  1917F,  1O99. 

Certification  before  maturity  of  postdated 
check.  1917F,  1096. 

Effect  of  certification  of  check  sent  by  col- 
lecting bank  to  insolvent  correspond- 
ent. 1916C,  186. 

When  check  may  be  deemed  accepted  so  as 
to  render  bank  liable  to  holder.  1916D, 
433. 

Boiia  fide   holders. 

Who  are  bona  fide  holders?  1915B,  725; 
1916B,  908;  1917E,  788. 

Forged   paper. 

Payment  by  bank  of  forged  paper,  see 
BANKS. 

Estoppel  as  to.     1916E,  690. 


CHECKS— CIRCUMSTANTIAL  EVIDENCE. 

CHOICE. 


CHEMICALS. 


Annotation. 
Keeping     of, 


1917C,  278. 


on     insured     premises. 


CHICKENS. 

Exemption  of.     1916B,  786. 
*  •» 


CHILDREN. 

In  general,  see  INFANTS. 
Disinheriting,  see  WILLS. 


CHIROPODISTS. 

Annotation. 

Application   to,    of   statutes   regulating 

the  practice  of  medicine.     1917C, 

827. 


CHIROPRACTORS. 

Annotation. 

Application    to,    of   statutes   regulating 

the  practice  of  medicine.     1917'C, 

S23. 


CHISEL. 

Injury  to  servant  by  defect  in.    1915C,  9. 


Of  remedies,  see  ELECTION  OF  REMEDIES. 


CHOSE  IN  ACTION. 

Priority   between   assignments   of.     1916E, 
79. 


CHRISTIAN     SCIENCE. 

Right  to  practise.     1917C,  816. 


CHURCHES. 

In  general,  see  RELIGIOUS  SOCIETIES. 

Holding  of  graduating  exercises  in.  1916D, 
399. 

Who  may  enforce  restrictive  covenant  in 
favor  of  church  lot.  1917 A,  524. 

Extinguishment  of  easement  created  in  fa- 
vor of  church  lot  by  conversion  of  the 
church  building  into  a  business  house. 
1917A,  524. 

Forbidding  operation  of  moving  picture 
show  within  certain  distance  of  church. 
1916D,  95. 

Forbidding  sale  of  liquors  within  certain  dis- 
tance of  church.  1915E,  408. 

Forbidding  erection  of  garage  near  church. 
1915D,  607. 


CIDER. 

License  tax  on  sale  of.    1917C,  460. 


CINDERS. 

Right  to  recover  for  injury  by,  in  condemna- 
tion proceedings.  1915A,  887;  1915E, 
623,  634. 


CINEMATOGRAPH. 


See  MOVING  PICTUKES. 


CIRCUMSTANTIAL  EVIDENCE. 

Admissibility   of,  generally,   see  EVIDENCE. 

Annotation. 

Is     extrajudicial     confession     circum- 
stantial testimony.     1917D,  595. 

Proof    by,     of    express     contract.       1916D, 

1260. 
Weight    and    sufficiency    of.     1916E,    1086; 

1917A,  1287;  1917D,  591. 


76 


CIRCUS— CLASSIFICATION. 


CIRCUS. 

Liability  of  proprietor  for  abuse  of  patron 
by  employee.    1916E,  912. 


CISTERN. 

Injury  through  defective  condition  of  cover- 
ing of  cistern  on  leased  premises. 
1916D,  1220. 


CITATION. 

On  appeal,  see  APPEAL  AND  EBBOB. 


CITIES. 

See  MUNICIPAL  COBPOBATIONS. 


CITIZENS. 

Abridging  privileges  and  immunities  of,  see 
CONSTITUTIONAL  LAW. 


CITIZENSHIP. 

As  to  aliens,  generally,  see  ALIENS. 

Effect  of  woman's  marriage  to  alien  on  her 

citizenship.     1916D,  127. 
Of  Indians.     1915F,  587. 
As  affecting  right  to  remove  cause.    1915F, 

1157. 


CITY  ATTORNEY. 

Liability  for  malicious  prosecution.    1917F, 
698. 


CITY   DUMP. 

As  a  nuisance.     1915C,  747. 


CIVIL  DAMAGES. 

See  INTOXICATING  LIQUORS. 


CIVIL     RIGHTS. 

Annotation. 

Forbidding    burial    of   negro   in   ceme- 

tery  controlled   by   white   persons. 

191  fB,   94S. 


In  cemeteries.     1917B,  946. 

Right  of  suffrage.     1916A,  1124. 

Requiring  colored  and  white  children  to  be 
educated  in  separate  schools.  1915A, 
828. 

Ordinance  forbidding  white  and  colored  per- 
sons from  residing  in  the  same  block. 
1915D,  684. 


CIVIL   SERVICE. 

Validity  of  acceptance  of  resignation  of  em- 
ployee of  health  department  addressed 
to  the  active  official  in  charge  of  his  de- 
partment instead  of  to  the  city  commis- 
sioner. 191 7F,  545. 


CLAIMS. 

Against  bankruptcy  estate,  see  BANKRUPTCY. 

Against  decedent's  estate,  see  EXECUTORS 
AND  ADMINISTRATORS. 

Mining  claims,  see  MINES. 

Against  city,  prosecution  of,  see  MUNICI- 
PAL CORPORATIONS. 

Against  ^receiver,  see  RECEIVERS. 

Annotations. 

Constitutionality  of  statute  imposing 
penalty  or  added  liability  for  fail- 
ure of  railroad  or  carrier  to  pay 
claim.  1917B,  926. 

Statute  requiring  county  or  municipal- 
ity to  pay  a  claim  against  it  «.s  on 
invasion  of  powers  of  judiciary. 
1917E,  827. 

Power  of  legislature  to  compel  municipality 
to  pay.  1915D,  927. 

Against  municipality,  moral  obligation  to 
pay.  1915D,  927. 

Against  estate  of  incompetent,  reversible 
error  in  allowance  of.  1917B,  676. 

Against  carrier,  penalty  for  failure  to  settle 
promptly.  1917B,  924. 

Allowance  of  attorney's  fee  where  claim 
against  carrier  is  not  paid  within  cer- 
tain time.  1915E,  942. 


CLAIRVOYANTS. 

Annotation. 

Application   to,    of   statutes    regulating 

tlie  practice   of  medicine.     191T/C, 

S2S. 


CLASSIFICATION. 

By    statute,     see    CONSTITUTIONAL    LAW; 

STATUTES. 


CLEANERS— COASTING. 


77 


CLEANERS. 

Liability  for  loss  of  valuables  left  in  pockets 
of  clothing  sent  to  cleaner.  1915C, 
712. 


CLEARANCE     CARD. 

Annotation. 

Constitutionality  of  statute  requiring 
employer  to  furnish  a  discharged 
employee  urith  a  statement  of  the 
cause  of  his  discharge.  1917B, 
1115. 

Requiring  employer  to  give  discharged  em- 
•    plovee  true  statement  of  cause  of  dis- 
charge.    1917B,  1108. 


CLERGYMAN. 

See  RELIGIOUS  SOCIETIES. 


CLERKS. 

Annotation. 

Effect  of  insertion  of  unauthorized  pro- 
visions in  clerk's  bond.  1917B, 
995. 

Vacation  of  judgment  by  default  on  ground 
of  neglect  of  clerk.  1917C,  1190. 

Validity  of  deposit  in  bank  by  clerk  of  court 
of  funds  in  his  official  custody.  1917A, 
680. 


CLOSED  ACCOUNT. 

What  constitutes,  within  rule  that  usury 
cannot  be  recovered  back  on.  1917E, 
1110. 


CLOSED  SEASON. 

For  game,  see  GAME  AND  GAME  LAWS. 


•*-•-»• 


CLOSED  SHOP. 

See  LABOR  ORGANIZATIONS. 


CLOTHING. 

Annotation. 

Measure  of  damages  for  loss  or  conver- 
sion of  or  injury  to,    1917D,  495. 

Opinion  evidence  as  to  value  of.    1917  A,  58. 
Measure  of  damages  for  loss  of.    1917A,  58. 


CLOUD    ON    TITLE. 

In  general. 

Dismissal  on  appeal,  of  suit  to  quiet  title. 

L.R.A.1916A,  493. 
Costs  in  proceeding  to  quiet  title.     1916B, 

1209. 
Extent  of  recovery  in  action  to  quiet  title 

to  land  forfeited  for  breach  of  building 

restrictions.     1917C,  879. 
Conclusiveness    in     action    to    quiet    title 

against  one  redeeming  from  mortgage 

sale,    of    foreclosure    decree.      1915D, 

349. 

When  action  lies. 

Jurisdiction  of  equity  to  quiet  title  already 
forfeited  for  breach  of  a  condition  sub- 
sequent. 1917C,  879. 

Failure  of  affidavit  to  s.ate  possession  of 
claimant  as  required  by  statute.  1916B, 
1209. 

Conditions. 

Payment  of  mortgage  barred  by  limitations 
as  condition  of  decree  quieting  title  as 
against  mortgagee.  1916B,  1218. 


t  CLUBS. 

Forbidding  keeping  or  use  of  intoxicating 

liquors    in    social   cl^bs.      1915D,   530; 

1917A,  314. 
Estbppel  to  annul  charter  of  club  because 

of  illegal  sale  of  liquor.    1915C,  876. 
What  constitutes  sale  of  liquor  by.     1915C, 

101,  876. 
Right  of  club  under  charter  to  sell  liquor. 

1915C,  876. 


COAL. 

As  to  mines  generally,  see  MINES. 

Mechanics'   lien   for.      1915E,    986;    1915B, 

708;   1917C,  580. 
Neglect    in    permitting    coal    to    roll    over 

edge  of  steep  decline.     1915B,  426. 


COAL    MINES. 


See  MINES. 


COASTING. 

Annotations. 

Contributory  negligence  of  child  in- 
jured by  street  car  while  coasting 
in  street.  1917F,  184. 

Contributory  negligence  of  child  coast- 
ing across  railroad  tracTc.  1917F, 
158. 


Injury  to  child  coasting  in  street. 
1028. 


1915E, 


78 


CODEFEXDA^TS— COMMERCE. 


CODEFENDANTS. 

Annotation. 

Reversal  of  judgment  on  appeal  or  er- 
ror by  one  joint  defendant  as  af- 
fecting other  joint  defendant  in 
trhose  favor  judgment  below  was 
rendered.  1917D,  674. 

Personal  judgment  in  favor  of  one  defend- 
ant in  a  foreclosure  suit,  against  a  co- 
defendant  who  did  not  appear.  1917D, 
1029. 

Collusiveness  of  judgment  as  between. 
1915A,  982. 

.Effect  of  dismissal  of  one  party  in  action 
against  two.  1915A,  491. 

Contribution  between.    1915B,  856. 


CODICIL. 


See  WILLS. 


.COHABITATION. 

Necessity  or  effect  of,  to  constitute  con\mon 
law*  marriage.  1915E,  1,  56,  109; 
1916B,  1243. 

Effect  of,  to  render  marriage  valid.  1915E, 
87;  1916C,  686;  1917D,  829. 


COLD   STORAGE. 

Keeping  of  intoxicating  liquors  in  cold  stor- 
age by  club.    1915C,  101. 


COLLATERAL    ATTACK. 

On  judgment,  see  JUDGMENT. 


COLLATERAL  INHERITANCE   TAX. 

See  TAXES. 


COLLATERAL  SECURITY. 

See  PLEDGE  AND  COLLATERAL  SECUBITT. 


COLLECTION 

By  bank,  see  BANKS. 
Of  costs,  see  COSTS. 

Of  Federal  income  tax;  validity  of  method 
of.     1917D,  414. 


COLLECTORS. 

Annotation. 

Effect  of  insertion  of  unauthorized  pro- 
visions  in   bond  of.      1917 B,   991. 


COLLEGES. 

Statute  providing  for  levy  of  tax  by  city 
for  extension  of  campus  of  state  uni- 
versity located  in  the  city.  1917E,  842. 


COLLISION. 

Liability  for  injury  to  vessel  by  collisibn 
with  drawbridge  over  navigable  stream. 
1915F,  1062. 


COLLUSION. 

Annotation. 

Attack   on   collusive   divorce. 
46O. 


1917B, 


By  administrator  in  establishment  of  claim 

against  estate.    1915C,  736. 
As    ground    for    relief    against    judgment. 

1917B,  405. 
Effect   of,   on    right   to   attack   collaterally 

divorce  decree.     1916F,  528. 


COLOR  OF  TITLE. 

See  ADVEBSE  POSSESSION-. 


COMBINATIONS. 

Illegal    combinations,    see    MONOPOLY    AND 
COMBINATIONS. 


COMITY. 

Tn  general,  see  CONFLICT  OF  LAWS. 
Recognition    of   decree    of    other   state,    see 
JUDGMENT. 

Rule  of,  as  to  exclusiveness  of  jurisdiction 
first  acquired.     191 7F,  1013. 


COMMERCE. 

In  general. 

State  and  Federal  power  generally. 
Regulating   carriers    and    transporta- 
tion. 

—  in  general. 

—  vessels. 

—  railroad  companies. 


COMMERCE. 


79 


Licenses  and  privilege  taxes;  regulat- 
ing, sales,  manufacturing  and 
other  business. 

—  in  general. 

—  in  original  packages. 
Taxation    of    subjects    of    commerce; 

import  and  export  duties. 


In  general. 

Conspiracy  in  restraint  of,  see  MONOPOLY 
AND  COMBINATIONS.  4 

Application  of  state  Workmen's  Compensa- 
tion Act  to  employees  engaged  in  inter- 
state commerce.  1916A,  403,  436; 
1916D,  935. 

State  and  Federal  povrer  generally. 

Navigable  waters.     1917A,  1007. 

Inspection  laws.    1916D,  193;  1917D,  746. 

How  far  Federal  power  is  exclusive.  1915C, 
1,  27;  1915D,  458;  1915E,  942;  1915F, 
792;  1916A,  450;  1916B,  710,  191 6F, 
1281;  1917A,  1116;  1917B,  1272; 
1917F,  514. 

Power  of  state  in  absence  of  Federal  regu- 
lation. 1915E,  942;  1915F,  792; 
1916A,  403;  1916D,  935. 

Power  of  Congress  under  commerce  clause 
to  provide  for  the  protection  of  mi- 
gratory birds.  1915F,  1031. 

Federal  White  Slave  Act.  1915A,  862; 
1917F,  502. 

State  statute  forbidding  circulation  within 
the  state  of  newspapers  and  magazines 
containing  advertisements  of  intoxicat- 
ing liquors.  1915E,  640. 

Garnishment  of  debt  due  to  nonresident 
interstate  railroad  company.  1915F, 
880. 

Regulating  carriers  and  transporta- 
tion. 

—  in  general. 

Annotation. 

Constitutionali+y,  construction,  and  ef- 
fect of  Webb-Kentjon  Act.  1917B, 
1229. 

Validity  of  Webb-Kenyon  Act.    1917B,  1218. 
Federal    White    Slave    Act.      1915A,    862; 

191 7F,  502. 
Street  railway  companies.     1915F,  792. 

—  vessels. 

By  Workmen's  Compensation  Acts.  1917D, 
57. 

—  railroad  companies. 

Licensing  and  taxing,  see  infra. 

As  to  governmental  regulation  of  carriers 
in  matters  not  affecting  interstate  com- 
merce, see  CARRIERS. 

Annotation. 

Right  to  limit  speed  of  interstate  or 
mail  train.  1917F,  1187. 


When  transportation  is  interstate.  1916E, 
528;  1915F,  792. 

Effect  of  provision  of  Interstate  Commerce 
Act  as  to  free  transportation  by  carrier 
on  carrier's  liability  for  arrest  of  per- 
son for  refusal  to  pay  fare.  1917D, 
220. 

Imposing  penalty  on  carrier  for  failure 
promptly  to  settle  claim.  1917B,  924., 

Application  to  claim  based  upon  loss  of 
interstate  shipment  of  local  statute 
providing  for  attorneys'  fees  where 
claim  is  not  paid  within  certain  time. 
1915E,  942. 

Carmack   amendment.     1916D,   345. 

State  regulation  of  speed  of  interstate 
trains.  1917F,  1184. 

State  regulations  as  to  length  and  form  of 
running  gear  upon  caboose  cars. 
1915O,  458. 

Cars;  running  of  trains.     1915F,  792. 

Regulations  as  to  mileage  or  penny  scrip 
books.  1915E,  902. 

Charges  of  carriers.     1916E,  622. 

Power  of  Congress  to  fix  standard  working 
day  for  interstate  railroad  employees 
and  make  temporary  wage  regulation 
to  ave  i  general  strike.  1917E,  938. 

Effect  of  Federal -Employers'  Liability  Act 
to  supersede  state  statutes.  1915C,  1. 

Validity  of  State  Workmen's  Compensation 
Law  as  applied  to  employees  in  inter- 
state commerce.  1916D,  935,  1916A, 
403;  1916A,  450. 

Licenses  and  privilege  taxes;  regulat- 
ing, sales,  manufacturing  and  oth- 
er business. 

—  in  general. 

Taxation  of  subjects  of  commerce;  import 
and  export  duties,  see  infra. 

Annotations. 

Gathering  laundry  or  other  articles  in 
one  state,  performing  services 
thereon  in  another,  and  returning 
to  owners,  as  interstate  commerce. 
1917B,  343. 

Prohibiting  or  restricting  advertising 
as  interference  with  interstate 
commerce.  1917E,  7O1. 

Prohibiting  foreign  corporation  from  doing 
business  in  state  as  interference  with 
interstate  commerce.  191 5A,  892. 

When  transaction  by  foreign  corporation 
constitutes  interstate  commerce.  1917C, 
1012. 

Forbidding  dealers  from  disposing  of  corpo- 
rate or  quasi  corporate  securities  with- 
in the  state  without  first  having  ob- 
tained a  license.  1917F.  514. 

License  on  business"  of  gathering  laundry  in 
one  state,  to  be  laundered  in  another, 
and  returned  to  owners.  191 7T5,  341. 

Payment  of  license  as  condition  to  distribu- 
tion by  nonresident  representative  of 
foreign  manufacturer  of  samples  and 
recipe  books.  1917E,  699. 


80 


COMMERCE— COMMON  LAW. 


State  license  tax  on  use  of  coupons  redeem- 
able in  premiums,  in  connection  with 
sale  of  merchandise.  1917A,  421. 

License  tax  on  automobiles  passing  through 
state.  1917B,  553. 

Making  misbranded  drugs  contraband  of 
interstate  commerce.  1916D,  164. 

Sale  of  articles  of  food.     1916E,  380,  1180. 

Intoxicating  liquors.  1915F,  1140;  1916C, 
273,  278,  293;  1917B,  215,  1218,  1230; 
19170^639;  1917D,  926. 

—  in  original  packages. 

Annotation. 

Constitutionality,  construction,  and  ef- 
fect of  Webb-Kenyon  Act.  1917B, 
1229. 

Intoxicating  liquors.     1917B,  1218. 
Food.     1917A,  1116;  1917B,  1272. 

Taxation  of  subjects  of  commerce; 
import  and  export  duties. 

Local  tax  upon  cities  for  elevators,  lumber 
yards,  etc.,  on  right  of  way  of  inter- 
state railroad.  1916E,  404. 

Assessment  of  railroad  right  of  way  for 
local  improvements.  1915A,  129. 

Import  and  export  duties.    1916D,  193. 


COMMERCIAL  HOUSES. 

Requiring  closing  of,  at   6  p.  m.     1916A, 
651. 


COMMERCIAL  INTERCOURSE, 

With  alien  enemy,  see  WAB. 


COMMERCIAL  TRAVELERS. 

Sample  trunks  of,  as  baggage.     1916A,  545. 

Joint  liability  of,  for  negligence  in  use  of 
automobile.  1915E,  436. 

Implied  authority  to  pledge  employer's 
credit  for  board  and  transportation. 
1916B,  751. 

Right  to  discharge  after  conditional  resig- 
nation. 1915D,  477. 

•*» 


COMMISSION   GOVERNMENT. 

See  MUNICIPAL  CORPORATIONS. 

-  4  •  » 


COMMISSION  MERCHANTS. 

See  FACTORS. 


COMMISSIONS. 

Of  brokers,  see  BROKERS. 

Delegation  of  power  to,  see  CONSTITUTIONAL 

LAW. 
Public    service    commissions,     see    PUBLIC 

SERVICE  COMMISSIONS. 
Workr  ?n's   Compensation   Commission,   see 

WORKMEN'S  COMPENSATION. 

Annotation. 

Funds  on  which  guardian  is  entitled  to 
J   commissions.     1917C,  193. 

Conferring  judicial  power  on.     1915F,  531. 

Injunction  against  park  and  tree  commis- 
sion. 1915E,  168. 

Of  guardian.     1917C,  188. 

Of  employment  agency,  statute  forbidding 
taking  of.  1917B,  1276. 

Forbidding  the  giving  or  accepting  of  a 
commission  on  sale  of  hog  cholera 
serum.  1916F,  136. 

Damages  for  wrongful  termination  of  em- 
ployment to  sell  on  commission. 
1916B,  868. 


COMMITMENT. 

As  to  imprisonment  generally,  see  CRIMINAL 
LAW. 


COMMITTEE. 

Of  incompetent  persons,  see  INCOMPETENT 
PERSON. 

Appointment  of  committee  which  is  to  en- 
dure beyond  adjournment  of  legis- 
lature. 1915E,  496. 

Power  to  pay  expense  of,  out  of  contingent 
fund  of  'legislature.  1915E,  496. 


COMMON  CARRIERS. 

See  CARRIERS. 


COMMON  COUNCIL. 

Powers  of,  see  MUNICIPAL  CORPORATIONS. 

4  «  » 

COMMON   ENTERPRISE. 

See  JOINT  ENTERPRISE. 


COMMON  LAW. 

Common  law  marriage,  see  MARRIAGE. 

Definition  of.     WISE,  239. 
Adoption  from  England.     1915E,  1;  1916D, 
201;   1917A,  1007. 


COMMON  LAW— COMPROMISE  AND  SETTLEMENT. 


81 


Binding  effect  of  common  law  in  force  when 
Constitution  of  state  was  adopted. 
1917A,  1194. 

As  the  law  of  Tennessee.     193  5D,  361. 

Presumption  that  common  law  prevails  in 
other  state.  1916F,  866. 

Presumption  as  to  alteration  of  common 
law  by  statute.  1915D,  1149. 

Meaning  of  second  jeopardy  at  common  law. 
1915F,  1093. 

Revival  of  common  law  by  repeal  of  consti- 
tutional provision  or  statute.  1915D, 
1149;  1915E,  327. 

Interpreting  constitutional  provision  in 
light  of.  1915F,  1093;  1916E,  1264. 

Consideration  of  common  law  in  construc- 
tion and  application  of  statutes  de- 
claratory thereof.  1916D,  1149. 

Application  of  rule  of,  with  respect  to  em- 
ployee's assumption  of  risk  in  action 
undtr  Employers'  Liability  Act.  1915C, 
1. 


COMMON   LAW  BOND. 

Annotation. 

Sustaining  as  a  common-law  obliga- 
tion a  statutory  bond  invalid  under 
statute  because  of  insertion  of  un- 
authorized provisions.  1917B, 
1O17. 


COMMON   STAIRWAY. 

Duty  of  lessee  to  repair.    1917C,  387. 


COMMUNITY  PROPERTY. 

See  HUSBAND  AND  WIFE. 


COMMUTATION. 

Of  sentence,  see  CRIMINAL  LAW. 


COMPARISON. 

Exhibition  of  child  to  jury  for  purpose  of. 
1917B,  1143. 


COMPENSATION. 

Of  attorney,  see  ATTORNEYS. 
Of  brokers,  see  BROKERS. 
Of  corporate  officers,  see  CORPORATIONS. 
Of  district  and  prosecuting  attorneys,  see 
DISTRICT  AND  PROSECUTING  ATTORNEYS. 
Of  judge,  see  JUDGES. 
Of  servant,  see  MASTER  AND  SERVANT. 
Of  public  officers,  see  OFFICERS. 
Of  agent,  see  PRINCIPAL  AND  ACFNT. 

L.R.A.  Tri.  Index  101. -.-17.— 6. 


Annotations. 

Funds  on  which  guardian  is  entitled  to 
commissions.  1917C,  193. 

Amount  of  compensation  to  physician  or 
surgeon  for  professional  services. 
1917A,  1267. 

Right  of  partner  to  compensation  for 
services  rendered  to  the  partner- 
ship. 1917F,  575. 

Of  guardian.  1917C,  188. 

Right  of  partner  to  compensation  for  his 

services.  1917F,  571. 
Assignability  of  unearned  compensation. 

1916E,  618. 


COMPETITION. 

Contract  to  restrain,  see  CONTRACTS. 

Combinations  in  restraint  of,  see  MONOPOLY 
AND  COMBINATIONS. 

Unfair  competition,  see  UNFAIB  COMPETI- 
TION. 

Injunction  to  protect  citizens  from  business 
competition  by  municipality.  1916A, 
908. 


COMPLAINT. 

In  contempt  proceedings,  see  CONTEMPT. 
In   criminal   prosecution,   see   INDICTMENT, 

ETC. 
Of  plaintiff,  see  PLEADING. 


COMPOSITION    WITH    CREDITORS. 

By  bankrupt.     1915F,  668. 


COMPOUNDING    FELONY. 

Agreement  to  recompense  one  whose  prop- 
erty has  been  stolen  r  embezzled. 
1915E,  139. 


COMPRESSED  AIR. 

Injury  to  employee  by  compressed   air  in 
hands  of  fellow  servants.     1916D,  968. 


COMPROMISE    AND    SETTLEMENT. 

See  also  ACCORD  AND  SATISFACTION. 

Annotation. 

Right  of  insured  \mder  policy  indem- 
nifying against  liability  for  dam- 
ages or  injury  to  settle  the  part  of 
a  claim  in  excess  of  insurer's  lia- 
bility. 1917D,  957. 


82 


COMPROMISE  AND  SETTLE-MEM— CONDITION. 


Effect  of  settlement  by  employer  with  in- 
jured employee  on  liability  under 
policy  of  employer's  liability  insur- 
ance. 1915F,  958. 

Right  of  one  insured  against  liability  for  in- 
jury to  employees  to  settle  at  his  own 
cost  so  much  of  a  claim  as  is  in  excess 
of  the  insurer's  liability.  1917D,  952. 

Effect  of  settlement  by  insured  with  one 
responsible  for  loss  to  defeat  insurer's 
right  of  subrogation.  1916A,  1280. 

Striking  out  special  plea  setting  up  com- 
promise of  action  for  death.  1917A, 
1128. 

Settlement  of  claim  for  death  as  defense  to 
action  therefor.  1917A,  270. 

Making  presumptively  fraudulent  any 
agreement  as  to  a  claim  within  opera- 
tion of  Workmen's  Compensation  Act 
made  within  a  specified  time  after  in- 
jury. 1917D,  15. 

Waiver  of  errors  by  submitting  to  compro- 
mise judgment.  1917A,  1017. 

Conclusiveness  of  compromise  judgment  in 
action  against  contractor  in  subsequent 
action,  against  contractor's  surety. 
1916A,  881. 

Effect  of  compromise  by  municipality  of 
claim  that  sewer  was  not  properly  con- 
structed on  right  to  assert  that  con- 
tract was  void.  1915 A,  982. 

Power  of  common  council  to  compromise 
suit.  1917F,  535. 

Effect  on  action  for  malicious  prosecution 
of  compromise  of  proceedings  out  of 
which  action  arose.  1915A,  601. 

Compromise  of  disputed  claim  as  considera- 
*ion  for  note.  1915B,  H. 

Consideration  for.     1915B,  20. 

Validity;  when  binding.  1915B,  11;  1917D, 
847. 

Relieving  from.    1917 A,  482. 


COMPULSORY  VACCINATION. 

Of  school  children.     1915D,  223. 


COMPUTATION. 

Annotation. 

Mistake   in   computation   by   contractor 
as  ground  for  relief.     191T/D,  745. 


CONCEALMENT. 

As  a  fraud,  see  FRAUD  AND  DECEIT. 
Effect   of,   on   running   of    limitations,    see 
LIMITATION  OF  ACTIONS. 

Of  documents,  as  ground  for  reprimand  of 
attorney.    1917B,  378. 


CONCESSIONAIRES. 

Liability  of  fair  association  for  negligence 
of.    1915C,  632. 


CONCLUSION. 

Opinion  as,  see  EVIDENCE. 
Averment  of,  see  PLEADING. 


CONCRETE  CONSTRUCTION. 

Claim  for  lumber  used  in  forms  for,  as 
within  protection  of  contractor's  bond. 
1917A,  336. 


CONCURRENT  NEGLIGENCE. 

Of  master  and  fellow  servant,  see  MASTER 
AND  SERVANT. 

Liability    for.'    1915D,    243;    1916D,    836; 
1917E,  215. 


CONCURRENT  REMEDIES. 

See  ELECTION  OF  REMEDIES. 


CONCUSSION. 

Injury  to  property  by  concussion  or  vibra- 
tion from  blast.  1915E,  356;  1916F, 
897. 


CONDEMNATION. 

Of  property,  see  EMINENT  DOMAIN. 


CONDITIONAL  LIMITATION. 

Effect  of  deed  to  create.     191  GE,  303 


CONDITION. 

Condition  precedent  to  suit,  see  ACTION  OR 
SUIT. 

To  taking  of  appeal,  see  APPEAL  AND  ERROR. 

Of  issuance  of  municipal  bonds,  see  BONDS. 

In  pass,  see  CARRIERS. 

Condition  of  equitable  relief  and  cloud  on 
title,  see  CLOUD  ON  TITLE. 

Of  right  of  foreign  corporation  to  do  busi- 
ness within  state,  see  CORPORATIONS. 

To  rescission  of  contract,  see  CONTRACTS. 

Relating  to  real  property,  see  COVENANTS 
AND  CONDITIONS. 

In  pardon  or  parole,  see  CRIMINAL  LAW. 


CONDITION— CONFIRMATION . 


83 


Parol  evidence  of,  see  EVIDENCE. 
In  insurance  contract,  see  INSURANCE. 
Against  marriage,  see  MARRIAGE. 
In  oil  and  gas  lease,  see  MINES. 
To  suit  against  city,  see  MUNICIPAL  CORPO- 
RATIONS. 

Of  sale,  see  SALE. 
In  telegram,   see  TELEGRAPHS. 
In  will,  see  WILLS. 

Annotation. 

Waiver  of  conditions  of  reinstatement 

of      member      of      benefit     society. 

1917C,  260. 

Distinction  between  covenant  and  condition. 
1915C,  234. 

Definition  of  condition  precedent.  1916E, 
932. 

Provision  in  contract  as  condition  prece- 
dent. 1917F,  744. 

Stipulation  as  to  time  for  delivery  of  goods 
sold  as  condition  precedent.  1916E, 
932. 

Necessity  of  fulfilling  condition  precedent 
before  requiring  other  party  to  con- 
tract to  perform.  1916D,  728;  1916E, 
932. 

Condition  .precedent  to  action  for  replevin. 
1916B,  748;  1917A,  696. 

Condition  precedent  to  continuance  of  life 
insurance  policy.  1917B,  208. 

Of  delivery  of  papers  deposited  in  escrow. 
1916A,  493;  1917E,  901. 

In  replevin  bond.     1917A,  1188. 

Of  admission  to  public  schools.  1915A, 
632,  828;  1917C,  993. 

To  setting  aside  void  tax  sale.     1915C,  /<92. 

To  maintenance  of  -mandamus  proceedings. 
1915D,  98. 

Of  right  to  have  deed  declared  to  be  a  mort- 
gage. 1915B,  492. 

Conditional  delivery  of  note.  1915F,  1157; 
1916B,  1048. 

Effect  of  deed  to  create  condition  subse- 
quent. 1916F,  303. 

Nature  of  estate  conveyed  by  deed  in  which 
a  condition  subsequent  is  raised. 
1917C,  879. 

Quieting  title  forfeited  for  breach  of. 
1917C,  879. 


CONDITIONAL  SALE. 


See  SALS. 


CONDITION    PRECEDENT. 

To  action,  see  ACTION  OR  SUIT. 

In  will,  see  WILLS. 

In  general,  see  CONDITION. 


CONDITION  SUBSEQUENT. 

In  general,  see  CONDITIONS;  COVENANTS  AND 

CONDITIONS. 
In  will,  see  WILLS. 


CONDONATION. 

Annotation. 

Attack  on  divorce  decree  based  on  con- 
donation pending  the  divorce  suit. 
1917B,  4:62. 


CONDUCT. 

Estoppel  by,  see  ESTOPPEL. 


CONDUCTOR. 

Authority    of    railroad    conductor.      1916E, 
1334. 


CONDUIT. 


See  PIPES. 


CONFECTIONARY. 

Sale  of,  on  Sunday.     1917C,  377. 
o  »  » • 

CONFESSION. 

Evidence  of,  see  EVIDENCE. 


CONFIDENCE  GAME. 

See  FALSE  PRETENSES. 

*-•-* 


CONFIDENTIAL  COMMUNICA- 
TIONS. 

Evidence  of,  see  EVIDENCE. 

Annotation. 

Liability  for  disclosing.     1917C,  1131. 

Liability  of  physician  for  disclosing.    1917C, 
1128. 


CONFINEMENT. 

Of  convicted  criminal,  see  CRIMINAL  LAW. 
Of    insane   person,    see    INCOMPETENT    PER- 
SONS. 


•*- 


CONFIRMATION. 

Of  judicial  sale,  see  JUDICIAL  SALE, 


CONFISCATION— CONFLICT  OF  LAWS. 


CONFISCATION. 

Annotation. 

Consideration  of  entire  return  of  rail- 
road company  in  passing  upon  its 
duty  to  operate  a  branch  line  at  a 
loss.  1917F,  1193. 

By  order  of  Public  Service  Commission  re- 
quiring establishment  of  passenger 
carrying  service  on  branch  railroad. 
1917F,  1190. 

By  regulation  of  carrier's  rates.  1917F, 
1148. 


CONFLICTING    INSTRUCTIONS. 

Duty  to  harmonize.     1915D,  1021. 


CONFLICT  OF  LAWS. 

As  to  rights  generally. 

As  to  contracts;  insurance. 

Status;  marriage;  domestic  relations; 

legitimation. 
Torts     generally;     personal     injuries; 

death. 

Rights  in  property  generally. 
Chattel  mortgages;  conditional  sales. 
Descent  and  distribution;  wills. 
Remedies. 


As  to  jurisdiction  over  nonresidents  general- 
ly, see  COURTS. 

As  to  conflict  of  authority  between  courts, 
see  COURTS. 

As  to  venue  of  action,  see  VENUE.  , 

As  to  rights  generally. 

/innovation. 

•May  substantive  law  of  state  be  in- 
voked in  an  action  for  personal  in- 
jury, not  resulting  in  death,  on 
waters  within  the  maritime  juris- 
diction. 1917F,  €78. 

Presumption  as  to  law  of  other  state. 
1916A,  1167;  1916F,  866. 

Refusal  of  courts  of  one  country  to  sit  in 
judgment  on  acts  of  government  of  an- 
other. 1917A,  276. 

Common  law  right  of  action.     1917F,  671. 

Shipping  on  a  foreign  vessel  as  subjecting 
seamen  to  the  law  of  its  flag  though  it 
is  chartered  to  a  domestic  corporation. 
1916A,  216. 

As  to  contracts;  insurance. 

General  rule  as  to.     191 7E,  777. 

Validity  of,  generally,  1916D,  739. 

What  law  governs  contracts  made  in  one 

place  to  be  executed  in  another.    1915F, 

1203. 


As  to  compliance  with  Statute  of   Frauds. 

1917E,  777. 
Limitation  of  liability  by  contract.     1916B, 

1041. 

Mortgages   1916A,   1007. 
Rate  of  interest;  usury.     1916D,  732,  739, 

745. 
Right  to  amend  by-laws  so  as  to  increase 

assessment  rates.     1916A,  771. 
Bills  and  notes  generally,     1915F,  1203. 
Note  executed  by  married  woman.     1916A, 

1049. 


Status;  marriage;  domestic  relations; 
legitimation. 

Annotations. 

Extraterritorial  effect  of  decree  of  di- 
vorce rendered  upon  constructive 
service.  1917B,  1O32. 

Validity  of  divorce  according  to  In- 
dian custom,  1917 D,  574. 

Marriage.     1917C,  353;  1917D,  829. 
Separation  or  divorce.     1915E,  87;   1917B, 

1032;  1917D,  571. 
Adoption  of  child.    1916A,  660;  1917F,  692. 

Torts  generally;  personal  injuries; 
death. 

Annotations. 

Extraterritorial  application  of  Work- 
men's Compensation  Acts.  1917D, 
S3. 

Right  of  foreign  or  domestic  represen- 
tative to  maintain  action  for  death 
of  decedent  under  a  statute  of  an- 
other state  u'hich  provides  that  the 
action  shall  be  brought  by  the  per- 
sonal representative.  1917 A,  37. 

Extraterritorial  application  of  Work- 
men's Compensation  Acts.  1917D, 
S3. 

Limitation      of      liability      of      shipowner. 

1916B,  637. 

Personal  injuries  generally.     1915F.  '.>.'>.">. 
To     employee:     Workmen's     Compensation. 

1916A,  428,  432;   1916D,  637,  685. 
Death  occurring  in  other  state.    1915F,  055. 
Action  for  death  by  personal  representative. 

1917A,  34. 


Rights  in  property  generally. 

Ownership   of    land    under    water. 
1007. 


1917A, 


Chattel  mortgages;  conditional   sales. 

Annotation. 

Necessity  of  recording  instrument 
creating  a  lien  or  reserving  title  to 
personal  property,  in  state  to  which 
property  is  subsequently  removed. 
1917 D,  94:2. 

Chattel  mortgages.     1917D,  940. 


CONFLICT  OF  LAWS— CONSIGNMENT  CONTRACT. 


85 


Descent  and  distribution;  wills. 

As  to  right  to  renounce  provision   of  will 

and    take     statutory     rights.       1915F, 

680. 
As  to  efFect  of  election  to  take  under  will. 

1915F,  680;  1917C,  504. 
Inheritance  by  adopted  child.     191CA,  660. 

Remedies. 

Annotation. 

Extraterritorial  application  of  Work- 
men's Compensation  Acts.  1917D, 
S3. 

Abatement    of    action    for    death.      19152, 

1132. 
Statute  of  Limitations.    1915C,  976;  1917F, 

1065. 


CONFUSION. 

See  ACCESSION  AND  CONFUSION. 


CONGRESS. 

Power    of,    over    interstate    commerce,    see 

COMMERCE. 
Validity    of    legislation    by,    generally,    see 

CONSTITUTIONAL,    LAW. 

Annotation. 

Power  of  legislative  body  to  punish  for 
contempt.  1917F,  2SS. 

Validity  of  statute  authorizing  judge  to 
order  judicial  inquiry  as  to  violation  of 
election  laws  by  candidate  for  United 
States  senate.  1917D,  1040. 

Power  to  punish  for  contempt.     1917F,  279. 

Power  to  pass  laws  for  protection  of  game. 
1915F,  1031. 

Power  to  confer  immunity  from  action  for 
private  nuisance.  1915A,  887. 

Power  to  provide  for  protection  of  mi- 
gratory birds.  1915F,  1031. 


CONNECTING    CARRIERS. 

See  CAEBIEBS. 

•-•-* 


CONSCIENCE. 

Liberty  of,  see  CONSTITUTIONAL  LAW. 


CONSENT. 

Estoppel  by,  see  ESTOPPEL. 
Presumption  and  burden  of  proof  as  to,  see 
EVIDENCE. 

Annotations. 

Validity  and  effect  of  conditions  requir- 
ing consent  to  marriage  of  legatee 
or  devisee.  1917D,  468. 

Effect  of  consent  after  loss  to  assign- 
ment of  fire  insurance  policy  or  to 
change  of  ownership.  1917F, 
1042. 

Evidence  on  question  of,  in  prosecution  for 

rape.     1916B,  963. 

Question  for  jury  as  to.     1916A,  510. 
To    jurisdiction    of     court.       1915E,     42]  ; 

1916B,  799;  1917E,  359. 
Of  child  under  age  of  consent  to  her  seduc- 
tion   as    defense    to    action    b~    father. 

1917D,  273. 
Of  infant  or  his  agent  to  liquor  business  in 

close  proximity  to  his  property.   1916D, 

816. 
Of    property    owners    to    construction    of 

garage.     1915D,  607. 
Of  property  owners  to  erection  of  nonfire- 

proof    building.      1915D,    595. 
Of    surviving    spouse    to    husband's    will. 

1915E,  815. 
Of  insurer  to  change  of  ownership.     1917F, 

1040. 
Of  insurer  to  change  of  beneficiary.    1915A, 

109. 
Condition  in  will  that  marriage  of  legatee 

shall  be  with  consent  of  her  parents. 

1917D,  464. 


CONSEQUENTIAL  INJURIES. 

From  condemnation  of  property,  see  DAM- 
AGES; EMINENT  DOMAIN. 


CONSIDERATION. 

For  note,  see  BILLS  AND  NOTES. 

For  contract  generally,  see  CONTRACTS. 

Parol  evidence  as  to,  see  EVIDENCE. 

For  mortgage.     1917F,  337. 


CONSCIOUS  SUFFERING. 


CONSIGNMENT   CONTRACT. 

Annotation. 

Construction  of  contract  having  some 
provisions  peculiar  to  consignment 
and  agency  contracts  and  others  to 
sale  contracts.  1917B,  626. 


Question  whether  contract  constitutes  a  sale, 
Of  one  injured,  presumption  as  to.     1916C,  |          or  a  consignment  or   agency  contract.. 
817.  1917B,  620. 


86 


CONSIGNOR— CONSTITUTIONAL  LAW. 


CONSIGNOR. 

Annotation. 

Liability  of,  for  freight.     191    B,   665. 

Liability    of,    for    freight.      1917A,    633; 
1917C,  1124. 


CONSOLIDATION. 

Of  corporations,  see  CORPORATIONS. 
Of  appeals.    1915B,  396. 


CONSPIRACY. 

In  general. 

Action  for  inducing  breach  of  contract,  see 
CASE. 

Combinations  in  restraint  of  trade,  com- 
merce, or  competition,  see  MONOPOLY 
AND  COMBINATIONS. 

Injunction  against.    1917E,  383. 

Proof  of  acts  or  declarations  of  co-conspira- 
tors. 1917C,  65. 

Evidence  in  action  for.    3915D,  229,  785. 

Correctness  of  instructions  in  prosecution 
for.  1916A,  1124. 

Tacit  understanding  to  work  to  a  common 
unlawful  purpose.  1917C,  65. 

Signing  and  circulating  of  true  statement 
which  would  be  libelous  if  untrue. 
1917C,  65. 

Between  creditor  and  attorney  to  evade 
debtor's  exemption.  1915A,  1186. 

To  deprive  negroes  of  right  to  vote.  1916A, 
1124. 

To  prevent  the  due  administration  of  the 
laws.  1916C,  991. 

Wife's  right  of  action  for  conspiracy  to  in- 
duce husband  to  commit  offense.  1915C, 
483. 

To  injnre  the  business  of  another. 

—  in  general. 

Liability  for  conspiracy  of  persons  petition- 
ing for  revocation  of  license.  1916D, 
391. 

—  boycott. 

By  labor  union.  1917C,  1053;  1917E,  383, 
389. 

Of  laborers;  strikes. 

Boycott  by,  see  supra. 

Annotations. 

Liability  of  labor  union  for  procuring 
one's  discharge  or  preventing  em- 
ployment. 1917C,  1056. 

Right  of  lal:or  union  to  notify  person 
not  to  deal  with  certain  individuals. 
1917E,  391. 


Injunction  against.     1917E,  383. 
To   compel  discharge  of  employee. 
785,  789;  1917C,  1053. 


1915D, 


Picketing  premises.     1917E,  383,  389. 

Strikes.     1916C,  218,  986. 

Combination  of  workmen  to  secure  increase 
of  wages  through  spokesman  who  is 
official  of  labor  union.  1916C,  218. 


CONSTABLE. 


Annotation. 

Effect     of    insertion 
provisions     in 
1917P,   995. 


of    unauthorized 
constable's      bond. 


Duty  to  constable  given  permission  to  enter 
train  to  arrest  a  person,  to  give  him 
time  to  permit  him  to  make  the  arrest 
and  alight.  1917D,  980. 

Liability  of,  on  his  bond  for  assaulting  and 
arresting  an  innocent  person,  1917 F, 
1134. 

Liability  of  owner  of  amusement  park  for 
assault  by  po'ice  constable.  1916E,  356. 


CONSTITUTION. 

Of  benefit  society,  see  BENEVOLENT   SOCIE- 
TIES. 

Of  insurance  company,  see  INSURANCE, 
In  generr.!,  see  CONSTITUTIONAL  LAW. 


CONSTITUTION AL  CONVENTION. 

Who  may  maintain  action  to  determine 
constitutionality  of  act  providing  for. 
1915D,  485. 

Who  may  maintain  suit  to  determine  re- 
sult of  election  on  question  of.  1915D, 
485. 

Consulting  debates  of  constitutional  con- 
vention in  construing  constitutional 
provision.  1916C,  1023. 


CONSTITUTIONAL  LAW. 

In  general;  adoption. 

Amendments. 

Construction. 

—  in  general. 

—  application  of  Federal  Constitu- 

tion. 

—  self -executing  provisions. 
Ez  post  facto  laws. 
Retrospective  laws. 

—  in  general. 

—  curative  acts. 
Vested  rights. 
Delegation  of  powers. 

—  in  general. 

—  to  judiciary. 

—  to  local  authorities   r.ncl  boards 

and  commissioners. 

—  of  judicial  power. 


CONSTITUTIONAL*  LAW. 


87 


Separation  of  powers. 

—  in  general. 

—  encroachment   on  judicial   pow- 

er. 

Local  self-government. 

Equal  protection  and  privileges; 
abridging  immunities  p. ml  privi- 
leges. 

Dve  process  of  law  or  law  of  the  land; 
guaranty  of  right  to  life,  liberty, 
and  property. 

Police  power. 

Freedom  of  speech,  press  and  worship. 

Natural  rights;  implied  guaranties. 

Impairing  obligation  of  contracts. 

—  as  to  subject-matter. 

—  as  to  remedies. 

Guaranty  of  republican  form  of  gov- 
ernment. 
Bights  on  various  particular  subjects. 

—  generally. 

—  aliens. 

—  amusements. 

—  animals. 

—  assignment. 

—  automobiles. 

—  banks. 

—  Blue  Sky  Laws. 

—  bonds. 

—  brokers. 

—  building  regulations. 

—  bulk  sales. 

—  carriers. 

—  charities. 

—  commission  government. 

—  corporations. 

—  coupons,  trading  stamps,  etc. 

—  criminal  matters. 

—  crops. 

—  dentists. 

—  destruction  of  property. 

—  disorderly  houses. 

—  divorce  and  separation. 

—  drugs  and  druggists. 

—  elections.  , 

—  eminent  domain. 

—  employers  and  employees. 

—  employment  agencies. 

—  esthetics. 

—  explosions  and  explosives. 

—  farm  loans. 

—  fisheries. 

—  flag. 

—  food. 

—  foreign  corporations. 

—  fruit. 

—  game  and  game  law;  fisheries. 

—  garage. 

—  garbage. 

—  gasolene. 

—  health. 

—  highways. 

—  husband  and  wife. 

—  income  tax. 

—  infants. 

—  innkeepers;  lodging  houses,  etc. 

—  insurance. 

—  intoxicating  liquors. 

—  jitney  buses. 

—  licenses. 

—  marriage. 

—  master  and  servant. 


Bights     on     various     particular     sub- 
jects—cont'd. 

—  milk. 

—  mortgages. 

—  mothers'  pensions. 

—  moving  pictures. 

—  municipal  corporations. 

—  negroes. 

—  nonresidents. 

—  nuisances. 

—  officers  and  elections. 

—  pardons. 

—  penalties. 

—  public  improvements. 

—  railroads. 

—  rates. 

—  remedies  and  procedure. 

—  rural  credits. 

—  schools. 

—  segregation  of  races. 

—  taxes  and  assessments. 

—  telephone. 

—  trading  stamps. 

—  trees,  crops,  etc. 

—  undertakers. 

—  vehicles. 

—  vice  and  crime. 

—  vital  statistics. 

—  water  supply. 

—  weights  and  measures. 

—  workmen's  compensation* 


Jurisdiction  of  United  States  Supreme 
Court  over  constitutional  questions,  see 
APPEAL  AND  ERROR. 

Eight  to  bear  arms,  see  CARRYING  WEAPONS. 

As  to  civil  rights,  see  CIVIL  RIGHTS. 

As  to  regulations  of  interstate  commerce, 
see  COMMERCE. 

Protection  and  rights  of  accused  generally, 
see  CRIMINAL.  LAW. 

Former  jeopardy,  see  CRIMINAL  LAW. 

Cruel  and  unusual  punishment,  see  CRIMI- 
NAL LAW. 

As  to  voters  and  elections  generally,  see 
ELECTIONS. 

As  to  taking  property  for  public  use,  see 
EMINENT  DOMAIN. 

As  to  imprisonment  for  debt,  see  IMPRISON- 
MENT FOR  DEBT. 

Constitutional  prohibition  against  state  en- 
gaging in  internal  improvements,  see 
INTERNAL  IMPROVEMENTS. 

Constitutional  provision  forbidding  slavery, 
see  INVOLUNTARY  SERVITUDE. 

Right  to  trial  by  jury,  see  JUBY. 

As  to  use  of  public  funds,  see  PUBLIC 
MONEYS. 

As  to  search  and  seizure,  see  SEARCH  AND 
SEIZUBE. 

Validity  of  statutes  generally,  see  STATUTES.  ' 

In  general;  adoption. 

Review  of  constitutionality  of  statute  on 
habeas  corpus.  1915F,  1093. 

Jurisdiction  of  state  courts  over  constitu- 
tional questions.  1916B,  1143. 

Refusal  of  court  to  pass  upon  constitution- 
ality of  statute  not  necessary  to  de- 
cision of  case.  1915D,  1149. 


88 


CONSTITUTIONAL  LAW. 


Necessity  of  specially  pleading  unconstitu- 
tionally of  law.  191 7F,  802. 

Who  may  question  constitutionality  of  stat- 
ute. 1915D,  458,  886;  1915F,  894; 
1916A,  374;  1916D,  550;  1916F,  831; 
1917B,  1,  191;  1917D,  15,  996;  1917E, 
1163;  1917F,  514. 

Effect  of  adoption  of  Constitution  on  rights 
of  city  under  lien.  191 ,  J,  365. 

Amendments. 

Effect  of  original  wording  of  a  constitution- 
al provision  on  its  meaning  after 
amendment  thereof.  1917A,  1223. 

Declaring  amendment  to  state  Constitution 
invalid  on  theory  that  it  is  repugnant 
to  preamble  of  Federal  Constitution. 
1917B,  7. 

Validity  of  amendment  to  state  Constitution 
denying  to  legislature  power  to  enact 
prohibitory  liquor  law.  1917B,  7. 

Submission  of  proposed  amendment  to  vote. 
1917B,  7. 

Construction. 

—  in  general. 

Construction  of  constitutional  provision  as 
to  right  to  bear  arms,  see  CAKBYING 
WEAPONS. 

Consulting  debates  of  constitutional  conven- 
tion in  construing  constitutional  pro- 
vision. 1916C,  1023. 

Interpreting  constitutional  provision  in  the 
light  of  the  common  law.  1915F,  1093. 

Effect  of  original  wording  of  a  constitu- 
tional provision  on  its  meaning  after 
amendment  thereof.  1917A,  1223. 

Effect  of  contemporaneous  interpretation 
given  by  legislature  to  constitutional 
provision.  1917B,  710. 

Construction  of  constitutional  provision 
adopted  from  other  state.  1917A,  1244. 

Creating  by  implication  reserve  power  in 
state  to  amend  corporate  charter. 
1917A,  1223. 

Meaning  of  word  "assessments"  in  prohi- 
bition of  local  or  special  laws  regulat- 
ing assessments.  1917E,  456. 

Effect  of  provision  permitting  marriage  of 
white  person  and  one  having  some  ad- 
mixture of  negro  blood  on  right  to  ex- 
clude from  schools  children  of  mixed 
blood.  1915A,  828. 

—  application  of  Federal  Constitution. 

Effect  of  5th  Amendment  to  Federal  Con- 
stitution on  powers  of  a  state.  1915C, 
716;  1916D,  412;  1917D,  586. 

Application  in  state  courts  of  requirement 
of  Federal  Constitution  that  verdict  of 
jury  must  be  unanimous.  1917A,  86. 

Provision  as  to  right  to  bear  arms.  1917C, 
60. 

Provision  that  Congress  shall  make  no  law 
abridging  freedom  of  speech.  1917C, 
610. 

Application  of  Fourteenth  Amendment  to 
covenant  in  private  deed  forbidding 
sale  of  the  property  to  a  negro.  1916B, 
1201. 


—  self-executing  provisions. 

As  to  exemption  from  taxation  of  property 
used  for  school,  religious,  or  charitable 
purposes.  1917B,  710. 

Ex  post  facto  laws. 

Statute  prohibiting  keeping  of  liquor  in 
public  place,  and  restricting  amount 
which  may  be  kept  in  any  place.  1917D, 
926. 

Order  of  railroad  commission  fixing  maxi- 
mum rates  as  ex  post  facto  law.  1916E, 
358. 

Retrospective  laws. 

—  in  general. 

As  to  when  statutes  are  retrospective,  see 
STATUTES. 

Retroactive    effect    of    Federal    income    tax 

law.     1917D,  414. 
Statute    prohibiting    keeping    of    liquor    in 

public    place,    and    restricting    amount 

which  may  be  kept  in  any  place.  1917D, 

926. 

—  curative  acts. 

Power  of  legislature  to  remove  a  defect  upon 
which  a  judgment  proceeded;  making 
curative  act  apply  to  pending  proceed- 
ing. 1917D,  666. 

Vested  rights. 

To  practise  law.     1915D,  1218. 

In  office.     1917A,  1244. 

In  decedent's  estate.    1917E,  909. 

Of  beneficiary  in  insurance  policy.  1915D, 
130. 

[n  remedies.    1916B,  1209. 

Subjecting  power  of  sale  of  mortgage  to  pro- 
visions of  existing  statute  extinguish- 
ing mortgage  lien  by  lapse  of  time. 
1916B,  1209. 

Delegation  of  powers. 

—  in  general. 

Relation  of  courts  to  other  departments  of 
government,  see  COUBTS. 

By  Congress  generally.     1916C,  291. 

Webb-Kenyon  Act  as  attempt  by  Congress 
to  delegate  to  state  its  power  over  inter- 
state commerce.  1916C,  278. 

Vesting  state  tax  commission  with  power 
of  bonding  assessors  of  incomes  and  fix- 
ing their  salaries.  1915B,  269. 

Delegation  of  right  to  determine  when  and 
to  what  extent  police  power  shall  be 
exercised.  1917D,  1040. 

By  conferring  upon  secretary  of  treasury  ad- 
ministrative powers  to  enforc*  Federal 
income  tax.  1917D,  414. 

To  state  superintendent  of  banking.  1917F, 
514. 

To  private  person.     1915B,  420. 

Delegation  of  power  to  appoint  assessors  of 
incomes  and  to  fix  their  salaries. 
1915B,  569. 

—  to  judiciary. 

Relation  of  courts  to  other  departments  of 
government,  see  COUBTS. 


CONSTITUTIONAL  LAW. 


89 


Annotation. 

Delegation  to  judiciary  of  investigation 
of  election  frauds.  1917D,  1O46. 

Statute  authorizing  a  judge  to  investigate 
election  frauds.  1917D,  1040. 

Delegation  to  county  court  of  duty  to  carry 
out  provisions  of  Mothers'  Pension  Act. 
1917C,  897. 

—  to  local  authorities  and  boards  and 

commissioners. 

Authority  of  city  to  delegate  its  power,  see 
MUNICIPAL  CORPORATIONS. 

Annotation. 

Invalid  delegation  of  power  ~by  Work- 
men's Compensation  Act.  1917D, 
55. 

To  municipality.     1915E,  93,  264;    1916D, 

913. 

To  county  board.    1915B,  151. 
To  Industrial  Commission.    1917C,  944. 
To     the     American     Medical     Association. 

1917C,  996. 
Conferring    upon    board    of    commissioners 

power  to  parole  prisoners.     1915F,  531. 

—  of  judicial  power. 

For  encroachment  on  judicial  power,  see 
infra. 

Permitting  commission  to  find  the  facts  or 
fix  the  compensation  under  Workmen's 
Compensation  Act.  1917D,  10,  15. 

Separation  of  powers. 

—  in  general. 

Judicial  power  to  decide  as  to  legislative 
acts,  see  COURTS. 

Making  county  court  instrumentality  to 
carry  out  provisions  of  Mothers'  Pen- 
sion Act.  1917C,  897. 

Statute  authorizing  judge  to  order  judicial 
inquiry  into  election.  1917D,  1040. 

Statute  excluding  Greek  letter  fraternities 
from  state  schools.  1915D,  588. 

—  encroachment  on  judicial  power. 
Delegation  of  judicial  power,  see  supra. 

Annotation. 

Statute  requiring  county  or  municipal- 
ity to  pay  a  claim  against  it  as  an 
invasion  of  powers  of  judiciary. 
1917E,  S27. 

Attempt  by  legislature  to  direct  county  to 
levy  tax  for  reimbursement  of  sureties 
on  a  collector's  bond,  who  are  alleged 
to  have  paid  shortage  for  which  col- 
lector was  not  responsible.  1917E,  824. 

Conferring  judicial  power  on  board  of 
equalization.  19]5B,  875. 

Conferring  judicial  power  on  fruit  inspector. 
19] 5F,  894. 

Authorizing  board  of  commissioners  to 
parole  prisoners.  1915F,  531. 


Local  self-government. 

Power  of  legislature  to  change  form  of 
government  of  municipality  and  de- 
termine number  and  character  of  its 
officers.  1917A,  1244. 

Statute  providing  for  commission  form  of 
government  for  municipalities.  1917A, 
1244. 

Equal  protection  and  privileges; 
abridging  immunities  and  privi- 
leges. 

Equal  protection  and  privileges  as  to  par- 
ticular matters,  see  infra. 

As  to  icivil  rights,  see  CIVIL  RIGHTS. 

Uniformity  and  equality  as  to  license,  see 
LICENSE. 

Special  and  local  legislation,  see  STATUTES. 

As  to  equality  and  uniformity  of  taxation, 
see  TAXES. 

Right  of  corporation  to  protection  of  con- 
stitutional guaranty  of  equal  privileges 
and  immunities.  1917D,  15. 

Effect  of  equal  protection  of  the  laws  clause 
on  police  regulation.  1915E,  953. 

Discretion  in  police  regulations.  1917D, 
310. 

Excluding  negroes  from  right  to  burial  in 
cemetery.  1917B,  946. 

Due  process  of  law  or  law  of  the  land; 
guaranty  of  right  to  life,  liberty, 
and  property. 

Due  process  in  particular  matters,  see  infra. 

Definition  of  due  process  of  law.  1915E, 
817. 

Validity  of  statute  declaring  that  right  to 
enter  into  labor  contracts  shall  no 
longer  be  a  property  right.  1915F,  831. 

Limitations  on  right  to  restrict  use  of  prop- 
erty. 1917F,  1050. 

Effect  of  guaranty  of  liberty  of  contract  to 
limit  power  of  Congress  to  legislate 
as  to  contracts  in  restraint  of  inter- 
state or  foreign  commerce.  1917A, 
1276. 

Police  power. 

Police  power  as  to  particular  matters,  see 
infra. 

Delegation  of  right  to  determine  when  and 
to  what  extent  police  power  shall  be 
exercised.  1917D,  1040. 

Effect  of  placing  statutory  provision  which 
is  not  a  legitimate  police  regulation  in 
same  act  with  a  police  regulation. 
1915C,  960. 

Right  to  impose  reasonable  restrictions  on 
use  of  property  by  owner  in  interest  of 
public  welfare.  1917F,  1050. 

Power  of  legislature  to  interfere  in  arbi- 
trary manner  with  conduct  of  business 
or  occupation  by  a  police  regulation. 
1917C,  135. 

Discretion  in  police  regulations.  1917D, 
310. 

Freedom  of  speech,  press  and  worship. 

Applicability  to  state  legislation  of  pro- 
vision of  Federal  Constitution  as  to 
freedom  of  speech.  1917C,  610. 


90 


CONSTITUTIONAL  LAW. 


Effect  of  guaranty  of  free  speech  on  right 
to  injunction  against  publication. 
1917E,  383. 

Eight  of  free  speech  as  subject  to  preserva- 
tion of  governmental  authority.'  1917D, 
192. 

Rights  of  publishers  of  newspapers.  1917D, 
192. 

Eight  to  discuss  judicial  proceedings;  de- 
famation and  groundless  charges  of 
partisanship.  1917D,  192. 

Effect  of  right  to  freedom  of  speech  on 
power  to  enjoin  publication.  1917A, 
160. 

Right  of  free  speech  as  defense  to  libel. 
1917D,  192. 

Effect  of  right  of  free  speech  on  right  to 
defame  character  of  historical  person. 
1917C,  610. 

Requiring  employer  to  give  reasons  for  dis- 
charge of  employee  as  invasion  of  right 
of  free  speech.  1917B,  1108. 

Attempt  of  municipal  corporation  to  de- 
termine who  may  engage  in  charitable 
work,  as  invasion  of  guaranty  of  re- 
ligious liberty.  1916D,  905. 

Requiring  physician's  certificate  as  to  health 
as  condition  of  admission  to  school, 
as  invasion  of  religious  liberty.  1915A, 
632. 

Holding  graduating  exercises  in  church,  and 
permitting  clergyman  to  deliver  invoca- 
tion. 1916D,  399. 

Reading  of  Bible  or  repeating  of  Lord's 
Prayer  in  schools.  1915D,  941. 

Natural  rights;  implied  guaranties. 

Attempt  of  municipality  to  determine  who 
may  engage  in  charitable  work,  as  in- 
vasion of  right  to  pursue  happiness. 
1916D,  905. 

Impairing  obligation  of  contracts. 
—  as  to  subject-matter. 

Annotation. 

By  Workmen's  Compensation  Acts. 
1917D,  56. 

Judgment  as  a  contract  within  provision 
against  impairing  obligation  of.  1915B, 
797. 

State  public  building  bonds  as  a  contract 
which  may  not  be  impaired  under  guise 
of  taxation.  1917B,  294. 

Contract  of  enlistment  in  state  militia. 
1915E,  235. 

Inhibition  against  impairing  contracts  as  a 
limitation  upon  the  taxing  power. 
1917B,  294. 

Inheritance  tax  as  impairment  of  obligation 
of  contract.  1916A,  901;  1916C,  551. 

Exemptions  from  taxation.     1917B,  294. 

Exemption  of  proceeds  of  life  insurance. 
1017E,  1137. 

Imposition  of  additional  license  fee  upon 
merchants  using  coupons,  profit  shar- 
ing certificates,  etc.  1917A,  421. 

Impairment  of  contract  rights  of  lessee  of 
oyster  bed.  1915E,  443. 


Legislation  rendering  contract  for  railroad 
pass  invalid.  1916E,  622. 

Requiring  purchaser  on  foreclosure  to  notify 
person  having  right  to  redeem  before 
taking  his  deed.  1915C,  414. 

Prohibiting  foreign  corporation  from  con- 
tinuing business  within  the  state. 
1915A,  892. 

Increasing  liability  of  stockholders.  1915B, 
811;  1917A,  1223. 

Transfer  tax  upon  interest  of  joint  tenant 
first  dying.  1917E,  1143. 

Regulation  as  to  mileage  and  penny  scrip 
books  issued  by  carrier.  1915E,  902. 

Regulation  of  rates.  1915C,  261,  282,  287; 
1915F,  732,  744;  1916E,  358;  1917C,  98, 
574. 

Requiring  consumers  of  water  to  bear  ex- 
pense of  meters.  1915A,  320. 

—  as  to  remedies. 

Changing   remedy    against    stockholders    of 

corporation.     1915B,  797. 
Statute  as  to  recording  notice  of  redemption 

from  mortgage.     191 5D,  349. 
Subordinating  lien  of  chattel  mortgage  on 

animals  to  claim  of   one  taking   them 

damage  feasant.     1916E,  524. 
Lengthening  time  of  residence  necessary  to 

maintenance    of    divorce-  suit.     1916A, 

696. 

Guaranty  of  republican  form  of  gov- 
ernment. 

Establishment  of  workmen's  compensation 
commission  as  violation  of.  1917D,  10. 

Rights  on  various  particular  subjects. 

—  generally. 

Effect  of  granting  tax  exemption  to  manu- 
facturers of  certain  articles  on  right  to 
forbid  manufacture  of  such  articles. 
1916F,  177. 

Forbidding  merchants  to  keep  stores  open 
after  6  o'clock  p.  M.  1916A,  651. 

Limiting  right  of  rendering  within  city 
limits.  1915F,  1196. 

Forbidding  use  of  second-hand  material  in 
making  mattresses,  quilts,  or  bed- 
comforters,  1916C,  775. 

—  aliens. 

Requiring  that  eighty  per  cent  of  employees 

shall  be  qualified  electors  or  native  born 

citizens.     1916D,  545. 
Forbidding  employment  of  aliens  on  public 

work.     1916D,  550. 
Excluding  aliens  from  privilege  of  securing 

license  as  auctioneer.     1915B,  151. 
Effect  of  repeal  of  provision  as  to  right  of 

alien  to  inherit.     1915E,  327. 

—  amusements. 

Annotation. 

Games  or  amusements  ivhich  are  prop- 
er subjects  for  exercise  of  police 
power.  1917E,  3 IS. 

Forbidding  operation  of  moving  picture 
show  within  certain  distance  of  church. 
1916D,  95. 


CONSTITUTIONAL  LAW. 


91 


—  animals. 

Forbidding  keeping  under  herd  of  calves 
under  certain  age  unaccompanied  by 
their  mothers.  1915B,  213;  1917A, 
1385. 

Subordinating  lien  of  chattel  mortgage  on 
animals  to  claim  of  one  taking  them 
damage  feasant.  1916E,  524. 

Due  process  in  regulations  as  to  sale  of 
anti-hog-cholera  serum.  1916F,  136. 

Forbidding  sale  or  exchange  of  animal  un- 
fit for  labor.  1916A,  950. 

—  assignment. 

Forbidding  assignment  of  future  wages. 
1915B,  191. 

—  automobiles. 

As  to  jitneys,  see  infra. 

Ann  ofation. 

Constitutionality  of  statute  giving  lien 
on  automobile  for  injury  done  by  it. 
1917E,  928. 

Regulation  and  construction  of  garage. 
1915D,  607. 

—  banks. 

Authorizing  bank  superintendent  to  take 
possession  of  assets  of  bank  whenever  he 
deems  it  necessary.  1915E,  675. 

Limiting  time  for  action  by  bank  to  recover 
property  seized  by  bank  superintendent. 
1915E,  675. 

Statute  increasing  liability  of  stockholders. 
1917A,  1223. 

—  Blue  Sky  Laws. 

Annotation. 

Constitutionality  of  Blue  Sky  Laivs. 
1917F,  524:. 

Constitutionality  of.     1917F,  514. 

—  bonds. 

Annotation. 

Constitutionality  of  Blue  Sky  Laws. 
1917F,  524=. 

Empowering  mayor  and  aldermen  to  de- 
termine when  and  how  often  question 
of  issuing  municipal  bonds  shall  be 
voted  upon.  1915A,  1009. 

—  brokers. 

Annotation. 

Constitutionality  of  Blue  Sky  Laivs. 
1917F,  524:. 

Constitutionality  of  Blue  Sky  Laws.  1917F, 
514 


—  building  regulations. 

Annotation. 

Validity    of    public    restriction    as    to 

location     of     mercantile     business. 

1917F,  1O6O. 

Limiting  buildings  to  be  erected  in  speci- 
fied localities  to  separate  and  unat- 
tached dwellings  not  less  than  specified 
distance  apart.  1917A,  1216. 

Prohibiting  erection  of  store  building  upon 
land  within  residential  district.  1917F, 
1050. 

Requiring  fireproof  stairways  and  fire  es- 
capes in  hotels,  boarding  houses,  tene- 
ments, etc.  1917C,  1146. 

Regulating  construction  of  garage.  1915D, 
607. 

Permit  for  building.     1915D,  595. 

Establishing  fire  limits.     1915D,  595. 

Establishing  building  line.     1915C,  981. 

—  bnlk  sales. 

Constitutionality  of  statute  regulating. 
1915E,  917;  1916B,  970;  1916C,  1023; 
1917D,  619;  1917E,  549. 

—  carriers. 

Regulations  of  relations  of,  to  employees, 
see  infra,  Employers  and  Employees. 

As  to  regulation  of  carriers  generally,  see 
CARRIERS. 

State  regulation  of  interstate  Carriers,  see 
COMMERCE. 

Annotations. 

Constitutionality  of  statute  imposing 
penalty  or  added  liability  for  fail- 
ure of  railroad  or  carrier  to  pay 
claim.  1917B,  926. 

Constitutionality  of  statute  fixing  min- 
imum rate  of  speed  at  ichicli  car- 
rier may  transport  special  kinds 
of  freight.  1917C,  142. 

Effect  of  fact  that  return  as  a  u'Jiole 
is  reasonable  on  right  to  require 
railroad  to  transport  commodity 
for  less  than  reason  ible  compensa- 
tion.. 1917F,  1158. 

Fixing  minimum  limit  of  speed  for  trans- 
portation of  live  stock.  1917C,  135. 

Making  sworn  statement  of  shipper  as  to 
amount  of  grain  delivered  conclusive. 
1917E,  1011. 

Legislation  rendering  contract  for  pass  in- 
valid. 191 6E,  622. 

Regulation  of  rates  generally.  1915F,  732, 
744;  1917F,  1148. 

Regulations  as  to  mileage  or  penny  script 
books.  1915E,  902. 

Requiring  carrier  to  give  special  rates  to 
militiamen.  1915C,  778. 

Requiring  street  railway  companies  to  grant 
free  transportation  to  police  officers. 
1917E,  1176. 

Requiring  construction  of  spur  tracks  or 
sidings.  1915E,  682. 


02 


CONSTITUTIONAL  LAW. 


Requiring  carrier  to  make  switch  con- 
nections with  private  sidetrack.  1916F, 
1281. 

Prohibiting  letting  down  of  unengaged 
upper  berth  in  sleeping  car  when  lower 
berth  is  occupied.  191 6 A,  1133. 

Requiring  maintenance  of  union  station. 
1915D,  98. 

Requiring  rebuilding  of  depot  destroyed  by 
fire  upon  a  new  location.  1915D,  91. 

—  charities. 

Right  of  municipality  to  determine  who  may 
engage  in  charitable  work.  1916D,  905. 

—  commission  government. 

Annotation. 

Constitutionality  of  commission  form  of 

government      for      municipalities. 

19 17 A,  126O. 

Constitutionality  of  statute  establishing. 
1917A,  1244. 

—  corporations. 

As  to  banks,  see  supra. 

Annotation. 

Constitutionality  of  Blue  Sky  Law. 
1917F,  524. 

Right  of  foreign  corporation  to  invoke  equal 
protection  provision  of  Federal  consti- 
tution. 1916F,  122. 

Judgment  prohibiting  foreign  corporation 
from  doing  business  in  state  as  viola- 
tion of  Fourteenth  Amendment.  1915A, 
892. 

Prohibiting  continuance  of  business  by 
foreign  corporation,  as  impairment  of 
contract  rights.  1915A,  892. 

Imposing  penalty  on  removal  of  action  by 
foreign  corporation  to  Federal  court. 
1916F,  122. 

Taking  property  of  corporation  without  due 
process  under  reserved  right  to  amend 
charter.  1916A,  1133. 

Statute  increasing  liability  of  stockholders. 
1915B,  811;  1917A,  1223. 

—  coupons,  trading  stamps,  etc. 

Providing  that  certain  foods  in  package 
form  shall  be  deemed  "misbrauded"  if 
any  gift  or  premium  is  contained  in 
the  package.  1917A,  1116. 

Imposing  license  tax  upon  use  of.  1915B, 
241;  1917A,  421. 

—  criminal    matters. 

See  infra,  Vice  and  Crime. 

— •  crops. 

See  infra,  Trees,  Crops,  etc. 

—  dentists. 

Regulations  as  to  right  to  practise  within 
the  state  of  persons  licensed  in  other 
states.  1915D,  538. 


1  —  destruction  of  property. 

Statute  authorizing  destruction  without 
compensation  of  trees  affected  with 
disease.  1917C,  894. 

Requiring  destruction  of  diseased  fruit. 
1915F,  894. 

Property  used  in  violation  of  fish  and  game 
laws.  1916F,  910. 

Right  to  notice  and  hearing  before  destruc- 
tion. 1915F,  894. 

—  disorderly  houses. 

Annotation. 

Validity     of  statutes     or     ordinances 

against  bawdy  houses.         1917B, 

1OTI8. 

Statute  limiting  persons  who  may  institute 
proceedings  for  suppression  of.  1917B, 
1075. 

Selling  personal  property  of  owner  at  auc- 
tion and  paying  him  proceeds,  after 
deduction  of  costs,  and  closing  the 
building  unless  security  for  abatement 
of  the  nuisance  is  given.  1917B,  1075. 

—  divorce  and  separation. 

Lengthening  time  of  residence  necessary  for 
maintenance  of  divorce  suit.  1916A, 
696. 

—  drugs  and  druggists. 

Making  misbranded  drugs  contraband  of 
interstate  commerce.  1916D,  164. 

—  elections. 

See  infra,  Officers  and  Elections. 

—  eminent  domain. 

Right  to  take  property  without  compensa- 
tion in  exercise  of  police  power.  1915B, 
486. 

—  employers  and  employees. 

As  to  employment  agencies,  see  infra. 

Annotations. 

Constitutionality  of  Workmen's  Com- 
penst  '.'OH  Statutes.  1917D,  51. 

Constitutionality  of  statutes  restricting 
right  of  employer  to  discharge  em- 
ployee. 1917B,  1122. 

Constitutionality  of  statutes  requiring 
an  employer  to  furnish  a  dis- 
charged employee  u-ith  a  statement 
of  the  cause  of  his  discharge. 
1917B,  1115. 

Constitutionality  of  Workmen's  Compensa- 
tion Act.  1916A,  374,  389,  403;  1916D, 
412,  628,  1000;  1917D,  1,  10,  15,  71. 

Prohibiting  employment  of  children  under 
certain  age.  1915A,  1196. 

Forbidding  merchants  to  keep  stores  open 
after  6  P.  M.  1916A,  651. 

Constitutionality  of  ten  hour  law.  1917C, 
1162. 

Regulating  hours  of  labor  of  stationary  fire- 
men. 1916B,  1270. 


CONSTITUTIONAL  LAW. 


93 


Fixing  hours  of  labor  for  children.  1917C, 
944. 

Regulating  hours  of  labor  for  women. 
1915F,  829;  1916C,  944. 

Power  of  Congress  to  fix  permanent  stand- 
ard working  day  for  interstate  railroad 
employees  and  make  temporary  wage 
regulation  to  avert  strike.  1917E,  938. 

Minimum  wage  law.     1917C,  944. 

Prohibiting  person  to  act  as  conductor  with- 
out having  previously  served  as  freight 
conductor  or  fireman.  1915D,  677. 

Requiring  that  eighty  per  cent  of  employees 
shall  be  qualified  electors  or  native  born 
citizens.  1916D,  545. 

Forbidding  employment  of  aliens  on  public 
work.  1916D,  550. 

Forbidding  employer  to  refuse  to  employ 
one  who  has  participated  in  a  strike.' 
1917B,  1108. 

Statute  forbidding  master  to  stipulate  that 
employee  shall  not  become  or  remain 
member  of  labor  organization.  1915C, 
960. 

.Punishing  employer  for  simply  proposing 
certain  terms  of  employment.  1915C, 
960. 

Statute  declaring  that  in  labor  disputes 
right  to  enter  into  labor  contracts  shall 
not  be  deemed  a  property  right.  1915F, 
831. 

Forbidding  issuance  of  injunction  in  case  of 
threatening  violation  of  labor  contracts. 
1916F,  831. 

Requiring  coal  miners  to  maintain  wash 
houses  for  their  employees.  1915B,  420. 

Requiring  payment  of  employees  within  cer- 
tain time  after  termination  of  service 
1915A,  884. 

Compelling  employer  to  disclose  to  em- 
ployee communications  made  by  or  to 
him  as  to  qualifications  of  discharged 
employee,  or  one  seeking  employment. 
1917B,  1108. 

Requiring  employer  to  give  discharged  em- 
ployee true  statement  of  cause  of  dis- 
charge. 1917B,  1108. 

Forbidding  discharge  of  employee  upon  in- 
formation furnished  by  any  person 
without  giving  him  a  chance  to  be 
heard  in  the  presence  of  tlie  informer. 
1917B,  1119. 

Statute  as  to  liability  of  municipality  for 
injury  to  employees.  1916C,  388. 

Forbidding  assignment  of  future  wages. 
1915B,  391. 

—  employment  agencies. 

Annotation. 

Constitutionality  of  statute  forbidding 
taking  of  fee  for  securing  employ- 
ment for  another.  1917B,  128O. 

Forbidding  ta'king  of  fee  from  workers  for 
securing  them  employment.  1917B, 
1276;  1917F,  1163. 

Licensing  of.     1916E,  1146. 


—  esthetics. 

Annotation. 

Exercise  of  police  power  -for  esthetic 
purposes.  19 17 A,  122O. 

—  explosions  and  explosives. 

Statute  as  to  testing  of  gasolene  as  to 
gravity  and  branding  thereof.  1916D, 
193. 

—  farm  loans. 

Exemption  from  payment  of  recording  fee 
of  farm  loan  mortgages.  1917A,  4^">. 

—  fisheries. 

See  infra,  Game  and  G.ime  Laws;  Fisheries. 

—  flag. 

Forbidding  carrying  of  red  flag  in  parade. 
1915B,  706. 

—  food. 

Regulations  as  to  weights  and  measures,  see 
infra. 

Annotations. 

Constitutionality  of  regulations  affect- 
ing ice-cream.  1917B,  2O7. 

Validity  of  regulations  as  to  millc. 
1917C,  24ii. 

Providing  that  certain  food  products  sold 
in  package  form  shall  be  deemed  "mis- 
branded"  if  any  gift  or  premium  is  con- 
tained in  package.  1917A,  1116. 

Fixing  standard  for  ice  cream.  1917B,  198; 
1917E,  781. 

Requiring  milk  dealers  to  pay  for  their  pur- 
chases of  milk  twice  a  month.  1917A, 
480. 

—  foreign  corporations. 

See  suprn,  Corporations. 

—  fruit. 

See  infra,  Trees,  Crops,  etc. 

—  game  and  game  law:  fisheries. 
Impairment  of  contract  rights  of  lessee  of 

oyster  bed.    1915E,  443. 
Making  illegal  possession  of  game  which  had 
been  reduced  to  possession  and  domesti- 
cated at  time  of  passage  of  act.    1916C, 
338. 

—  garage. 

See  supra,  Building  Regulations. 

—  garbage. 

Ordinance  creating  monopoly  for  collection 

of.     1915D,  209. 
Ordinance  defining  garbage  and  regulating 

its   removal.      1917E,   1163. 

—  gasolene. 

See  supra,  Explosions  and  Explosives. 

—  health. 

Police  power  as  to  generally.     1915B,  1207. 


94 


CONSTITUTIONAL  LAW. 


Taking  private  property  without  compensa- 
tion in  exercise  of  police  power  for  sup- 
pression of  disease.  1915B,  486. 

Requiring  physician's  certificate  as  to  health 
as  condition  of  admission  to  school. 
1915A,  632. 

—  highways. 

Delegation  of  power  as  to.    1915E,  264. 
Exclusion     cf     automobiles     from     certain 

streets.     191  5E,  264. 
Requiring    removal   of   awning   posts   from 

sidewalks.     1916C,  561. 
Permitting    one    conducting    business,     in 

buildings  on  opposite  sides  of  street  to 

connect  them  by  tunnel.     1915F,  937. 

—  husband  and  -wife. 

As  to  divorce,  see  supra. 

—  income  tax. 

See  infra,  Taxes  and  Assessments. 

—  infants. 

As  to  employment  of  children,  see  supra, 
Employers  and  Employees. 

—  innkeepers;    lodging   houses,   etc. 

Requiring  of  license  of  persons  conducting 
business  of.  1915B,  1097. 

—  insurance. 

Discrimination  in  statute  as  to  appointment 

and     licensing     of     insurance     agents. 

1916E,  708. 
State  taxation  of  amounts  due  foreign  insur- 

ance company  by  state  policy  holders 

for  premiums.    1915C,  903. 
Exempting  farmers'  mutual  insurance  com- 

panies from   statute  regulating  insur- 

ance rates.     1915C,  1189. 
Validity  of  valued  policy  law.    1915E,  618. 

—  intoxicating  liquors. 


Constitutionality  of  Webb-Kenyon  Act. 

1917B,  1229. 
Power   to   prohibit  the  Keeping   of  in- 

toxicating    liquor     irrespective     of 

any  intention  to  sell  it  in  violation 

of  laic.     1917D,  038. 

Constitutionality     of     Webb-Kenyon     Act. 

1916C,  278,  291;  1917B,  1218. 
Property  right  in  manufacture  of.     1916F, 

177. 
Prohibiting    manufacture    of     all     alcohol 

liquor  except  alcohol  of  188  test.   1916^, 

177. 
Forbidding     manufacture     of     intoxicating 

liquors  within  the  state  while  permit- 

ting  their    sale    for    certain    purposes. 

1916F,  177. 
Prohibiting  manufacture,  sale  and  keeping 

in  public  place  of  intoxicating  liquor, 

and     restricting    amount    that    citizen 

may  keep  in  his  home.     191  7D,  926. 
Limiting    amount    of    liquor    which    person 

may   receive  and   possesc   in  dry  terri- 

tory.    1916C,  278. 


Forbidding  circulation  of  price  lists  or  ad- 
vertisements. 1917C,  639. 

Forbidding  shipments  of  liquor  whether  in- 
tended for  personal  use  or  otherwise. 
1917B,  1218. 

Prohibiting  keeping  of  liquor  not  intended 
for  sale  at  places  other  than  private 
residences.  1915D,  172. 

Forbidding  keeping  of  intoxicating  liquor  in 
social  clubs.  1915D,  530. 

—  jitney   buses. 

Regulation  of,  as  class  legislation.  1915F, 
850. 

Requiring  thirty  days  experience  in  opera- 
tion of  automobile  on  city  streets  as 
condition  to  issuance  of  license.  1915F, 
850 

Bond  of  operators  of.  1916B,  1151;  1917F, 
850. 

—  licenses. 

Delegation  of  power  as  to.  1915B,  151; 
1916E,  1146. 

Licensing  auctioneers.     1915B,  151. 

Licensing     employment     agencies. 
1146. 

License  for  dealing  in  corporative  or  quasi 
corporate  securities.  1917F,  514. 

License  tax  on  use  of  coupons,  profit  shar- 
ing certificates,  etc.  1917A,  421. 

Discrimination  against  nonresidents  and 
aliens  by  license  statute.  1915B,  151; 
1917C,  528. 

—  marriage. 

As  to  divorce,  see  suTa. 

I 

—  master  and  servant. 

See  supra,  Employers  and  Employees. 

—  milk. 

See  supra,  Food. 

—  mortgages. 

Exemption  of  mortgages  from  taxation. 
1916A,  495. 

Imposing  registration  tax  on  privilege  of  re- 
cording. 1916E,  602. 

Exemption  of  farm  loan  mortgage  from 
payment  of  recording  fee.  1917A,  495. 

Statute  as  to  recording  notice  of  redemption 
from  mortgage.  1915D,  349. 

Requiring  purchaser  on  foreclosure  to  notify 
person  having  right  to  redeem  before 
taking  his  deed.  1915C,  414. 

—  mothers'  pensions. 

Constitutionality  of  statute  providing  for. 
1917C,  897. 

—  moving   pictures. 

See  supra,  Amusements 

—  municipal  corporations. 

Bonds  of,  see  supra,  Bonds. 
Commission  frovernment.  see  supra. 
Relation  to  employees,  s°e  supra,  Employers 

and  Employees. 
Taxation  by,  see  infra. 


CONSTITUTIONAL  LAW. 


95 


Requiring  written  notice  as  to  condition 
precedent  to  maintainance  of  suit 
against  city  for  damages.  1915E,  749. 

—  negroes. 

Segregation  of,  see  infra,  Segregation  of 
Races. 

—  nonresidents. 

Discrimination   against,  by  license  statute. 

1915B,  151;  1917C,  528. 
Increasing   assessment    against   nonresident 

taxpayer  without  notice.    1915B,  569. 

—  nuisances. 

Ordinance  denning  garbage  and  regulating 
its  removal.  1917E,  1163. 

—  officers  and  elections. 

Annotations. 

Constitutionality  of  initiative  and  ref- 
erendum. 1917B,  15. 

Constitutionality  of  primary  election 
laws.  1917 A,  259. 

Delegation  to  municipality  of  power  as  to 

officers.     1916D,  913. 
Constitutionality  of  primary  election  law. 

1917B,  718,  723. 
Enjoining  officer  who  has  prepared  index  to 

public  records  at  his  own  expense,  from 

removing  it  at  expiration  of  terms  as 

an     unconstitutional     deprivation     of 

property.     1917B,  1179. 
Increasing  or  reducing  officers'  compensation 

during  term.     1915A,  295;  1915E,  858. 

—  pardons. 

See  infra,  Vice  and  Crime. 

—  penalties. 

Annotation. 

Statute  imposing  penalty  for  failure  of 

railroad    or   carrier   to   pay   claim. 

1917B,   926. 

Excessiveness  of  penalty.  1916A,  1208; 
3917A,  421. 

Revocation  of  license  of  foreign  corporation 
as  penalty  for  attempt  to  remove  action 
to  Federal  court.  1916F,  122. 

—  pnblic  improvements. 

See  infra,  Taxes  and  Assessments. 

—  railroads. 

As  carriers,  see  supra,   Carriers. 
Regulation  of  relations  with  employees,  see 
supra,  Employers  and  Employees. 

Annotation. 

Statute  imposing  penalty  or  added  lia- 
bility for  failure  of  railroad  com- 
pany to  pay  claim.  1917B,  926. 

—  rates. 

Of  carriers,  see  supra. 

Order  of  commission  fixing,  as  ex  post  facto 
law.  1916E,  358. 


Regulation  of,  as  impairing  contract  obli- 
gations. 1915C,  261,  282,  287;  1915F, 
732,  744;  1916E,  358;  1917C,  98. 

Denial  of  equal  protection  to  consumers  by 
permitting  public  service  corporations 
alone  to  apply  to  authorities  for  reduc- 
tion of  rates.  1915C,  282. 

Requiring  enlargement  of  plant  of  public 
service  corporation  so  that  rates  al- 
lowed will  not  give  a  fair  rate  on  in- 
vestment. 1916F,  756. 

Abrogation  of  consumer's  contract  for 
water  rates.  1917C,  574. 

Regulation  of  telephone  rates.  1915C,  287; 
1917C,  98. 

Rates  of  electric  lighting  and  power  com- 
panies. 1916E,  358. 

Price  charged  for  hire  of  vehicles.  1915F, 
840. 

Exempting  farmers'  mutual  insurance  com- 
panies from  statute  regulating  insur- 
ance rates.  1915C,  1189. 

—  remedies  and  procednre. 

Impairing  obligations  of  contract  as  to,  see 
supra. 

Annotations. 

Abrogation   of  defenses  and  rights  of 

action  by  Workmen's  Compensation 

Acts.     1917D,  57. 
Constructive  or  substituted  service  on 

resident  in  action  in  personam  as 

due  process  of  law.     1917C,  1143. 
Constitutionality  of  verdict  by  less  than 

all  the  jurors.     1917 A,  91. 
Constitutionality       of      statute      rvhich 

makes    shipper's    statement    as    to 

\veight  conclusive.      1917E,    1O22. 
Constitutionality  of  statute  giving  lien 

on  automobile  for  injury  done  by 

it.      1917E,   928. 

Penalties.  1916A,  1208;  1916F,  122;  1917A, 
421. 

Statute  allowing  attorney's  fee  to  success- 
ful plaintiff  in  certain  cases.  1915E, 
942. 

Limiting  to  citizens  of  county  persons  who 
may  institute  proceedings  for  suppres- 
sion of  bawdy  house.  1917B,  1075. 

Method  of  determining  compensation  under 
workmen's  compensation  act.  1916D, 
412. 

Denial  to  employer  of  right  to  appeal  from 
findings  of  industrial  commission  fixing 
minimum  wage.  191 7C,  944. 

Forbidding  issuance  of  injunction  in  case  of 
threatened  violation  of  labor  contracts. 
1916F,  831. 

Due  process  in  revocation  of  parole.  1915F, 
541. 

Giving  accused  right  to  change  of  venue 
without  conferring  same  right  upon 
state.  1915F,  920. 

Statute  exempting  proceeds  of  life  insurance 
from  liability  for  debt.  1917F,  1137. 

Seizure,  sale,  or  destruction  of  property. 
1915F,  894;  1916F,  901. 

As  to  lien.     1916E,  524. 


96 


CONSTITUTIONAL  LAW. 


Requiring  written  notice  as  to  condition  to 

suit  against  city  for  damages.      1915E, 

749. 
Abolishing    common-law    right    of    action. 

1916A,  403;  1916D,  412. 
Limitation  of  actions.     1915E,  675. 
Notice    and    hearing,    1915B,    569,    1149; 

1915F,    541,    548,    894;    1916B,    1193; 

1916E,    1;    1916F,    910;    1917A,    1185; 

1917C,   574;    1917D,   365,   926;    1917F, 

458,  1159. 
Awarding  new  trial  upon  the  question  of 

damages  only.    1915E,  239. 
Abolishing  defenses.     1917D,  15. 
Establishing  prima  facie  rule  of  evidence. 

1915C,  716;  1916D,  412;  1917D,  15. 
Statute  as  to  burden  of  proof.     1937D,  15. 
Rule    as    to     conclusiveness    of    evidence. 

1917E,  1011. 
Rejection  of  amendment  to  pleadings  because 

of  immateriality  or  delay.     1915F,  984. 

—  rural  credits. 

See  supra,  Farm  Loans. 

—  schools. 

Requiring  physician's  certificate  as  to 
health  as  condition  of  admission  to 
school.  1915A,  632. 

Excluding  Greek  letter  fraternities  from. 
1915D,  588. 

Holding  graduating  exercises  of  school  in 
church  and  permitting  clergyman  to  de- 
liver invocation.  1916D>  399. 

Reading  of  Bible  in  public  schools.  1915D,. 
941. 

—  segregation  of  races. 

Ordinance  forbidding  white  and  colored 
persons  from  residing  in  the  same  block. 
1915D,  684. 

—  taxes  and  assessments. 

As  to  equality  and  uniformity  of  taxation, 
see  TAXES. 

Annotations. 

Assessments  for  improvements  by  the 

front-foot  rule.     1917D,  372. 
Constitutional  limitation  of  the  power 

to  exempt  property  from  taxation 

as   affecting   public   obligations   or 

property.      1917B,    308. 

Delegation  of  power  to  appoint  assessors  of 
incomes  and  to  fix  their  salaries.  1915B, 
569. 

Due  process  of  law  clause  of  Federal  Con- 
stitution as  limitation  on  taxing  power 
of  Congress.  1917D,  414. 

Opportunity  to  protest  against  assessment 
to  board  of  equalization  as  satisfying 
requirement  of  the  due  process  of  law. 
1916E,  1. 

Effect  of  granting  tax  exemption  to  manu- 
facturers of  certain  articles  on  right  to 
forbid  manufacture  of  such  articles. 
1916F,  177. 

Exemption  of  mortgages  from  taxation. 
1917A,  495. 


Exemption  from  payment  of  recording  tea 
of  farm  loan  mortgages.  1917A,  495. 

State  taxation  of  amounts  due  foreign  in- 
surance company  by  state  policy  hold- 
ers for  premiums.  1915C,  903. 

Irregularity  in  assessing  general  taxes. 
1916E,  1. 

Increasing  assessment  against  non-resident 
taxpayer  without  notice.  1915B,  569. 

Failure  to  provide  for  notice  of  levying  of 
special  assessments.  1917D,  365. 

Assessment  of  railroad  right  of  way  for  local 
improvements.  1915A,  129. 

Assessment  for  local  improvement  by  the 
"front  foot  rule."  1917D,  365. 

Statute  authorizing  city  to  levy  tax  for  ex- 
tension of  campus  of  state  university. 
1917E,  842. 

Registration  tax  on  privilege  of  recording 
real  estate  mortgage.  1916E,  602. 

Inheritance  or  succession  tax.  1916A,  901; 
1916C,  551;  1917E,  909. 

Constitutionality  of  Federal  income  tax. 
1915B,  569;  1917D,  414. 

—  telephone. 

Imposition  of  penalty  because  of  enforce- 
ment in  good  faith  of  regulations  not 
prohibited  by  statute.  1916A,  1208. 

Regulation  of  rates.    1915C,  287;  1917C,  98. 

—  trading  stamps. 

See  supra,  Coupons,  Trading  Stamps,  etc. 

• 

—  trees,  crops,  etc. 

Conferring  judicial  power  upon  fruit  in- 
spector. 1915F,  894. 

Authorizing  destruction  without  compensa- 
tion of  trees  affected  with  disease. 
1917C,  894. 

Requiring  destruction  of  diseased  fruit. 
1915F,  894. 

—  undertakers. 

Imposing  upon  undertakers  duty  of  com- 
piling certain  statistics  concerning  per- 
sons who  die.  1917D,  586. 

—  vehicles. 

See  also  supra,  Automobiles;  Jitney  Buses. 

Regulating  use  of  and  prices  charged  for 
vehicles  kept  for  hire.  1915F,  840. 

—  vice    and   crime. 

As  to  disorderly  houses,  see  supra,  Disorder- 
ly Houses. 

As  to  violation  of  liquor  laws,  see  supra, 
Intoxicating  Liquors. 

As  to  matters  of  practice  and  procedure,  see 
supra,  Remedies  and  Procedure. 

As  to  protection  and  rights  of  accused  gen- 
erally, see  CRIMINAL  LAW. 

Annotations. 

Statute  or  ordinance  malting  it  an  of- 
fense to  associate  with  disreputable 
persons.  1917F,  9O4. 

Statute  making  the  receiving  of  certain 
kinds  of  property  a  criminal  of- 
fense.  1917F,  709. 


CONSTITUTIONAL  LAW— CONSTRUCTION  CONTRACTS. 


97 


What  constitutes  due  process  in  homicide 
case.  1915D,  817. 

Providing  punishment  for  any  male  person 
found  associating  with  or  in  company 
with,  any  prostitute.  3917F,  903. 

Statute  .making  one  who  purchases  or  re- 
ceives iron,  brass  or  other  material  be- 
longing to  railroad  company  without 
written  consent  of  the  company,  guilty 
of  a  misdemeanor.  1917F,  706. 

Making  misbranded  drugs  contraband  of 
interstate  commerce.  1916D,  164. 

Act  to  prevent  holding  under  herd,  unaccom- 
panied by  their  mothers,  calves  under 
certain  age,  to  prevent  larceny.  1915B, 
213;  1917A,  1185. 

Statute  giving  court  discretion  as  to  extent 
of  punishment  for  robbery.  1915C,  557. 

Indeterminate  sentence.     1915F,  531. 

Authorization  of  board  of  commissioners  to 
parole  prisoners.  193  5F,  531. 

Interference  with  pardoning  power  of  gov- 
ernor. 1915F,  519,  531;  191 GA,  1285. 

—  vital  statistics. 

Imposing  upon  undertakers  duty  of  com- 
piling certain  statistics  concerning  per- 
sons who  die.  1917D,  58C,. 

—  water  supply. 

Due  process  iu  abrogation  of  consumer's 
contract  for  rates.  1917C,  574. 

Requiring  consumers  of  water  to  bear  ex- 
pense of  meters.  1915A,  320. 

—  weights  and  measures. 

Annotation. 

Constitutionality  of  statute  which 

makes  sliipper's  statement  as  to 

weight  conclusive.  1917E,  1O22. 

Punishment  for  use  of  false  weight,  measure 

or  balance.    1915D,  515. 
Making     conclusive     sworn     statement     of 

shipper  as  to  amount  of  grain  delivered. 

1917E,  1011. 

Requiring  lard  to  be  sold  in  containers  hold- 
ing certain  quantity  net  weight.  1916E, 

380. 
Requiring    certain    articles    to    be    sold    by 

avoirdupois  weight  or  numerical  count. 

1916E,  377. 
Requiring  net  weight  of  print  or  package  to 

be  stated  on  label  or  disclosed  by  seller 

to  buyer.     1915D,  515. 

—  workmen's  compensation. 

Annotation. 

Constitntianaliti/  of  Workmen's  Com- 
pensation Statutes.  1917D,  51. 

Estoppel  to  deny  constitutionality.     1916A, 

374. 
Effect    of    Fifth    Amendment    to    Federal 

Constitution      on      validity      of      state  I 

compensation  act.     1916D,  412. 
Statute  as  depriving  employer  of  property 

without    due   process    of    law.      1916A, 

403. 

L.R.A.  Tri.  Index  1915-17.— 7. 


Compensation  act  as  within  police  power. 
1916A,  389. 

Act  as  a  taking  of  private  property  for  pub- 
lic use  without  compensation.  1916D, 
412. 

Providing  compensation  for  persons  injured 
while  in  employment  of  county  to  ex- 
clusion of  those  injured  while  merely  in- 
habitants of  the  county.  1916D,  628. 

Excluding  from  operation  of  act  interstate 
railroad  employees  subject  to  laws  of 
United  States.  1916D,  412. 

Exclusion  of  farm  laborers  and  domestic 
bervants  from  compulsory  compensa- 
tion scheme.  1916D,  412;  1917D,  1,  15. 

Exclusion  from  benefits  of  act  of  casual  em- 
ployees. 1916D,  412;  1917D,  15. 

Validity  of  method  of  determining  compen- 
sation. 1916D,  412. 

Requirements  of  act  as  to  security  of  pay- 
ment of  compensation.  1917D,  1. 

Depriving  employer  who  rejects  act  of  cer- 
tain defenses.  1916D,  412;  ]917D,  15. 

Validity  of  provision  abolishing  defense  of 
assumption  of  risk.  1917D,  71. 

Provision  that  where  employer  and  em- 
ployee rejected  act,  liability  of  em- 
ployer shall  be  the  same  as  though 
employ  5e  had  not  rejected  it.  1917D, 
15. 

Abolishing  common-law  right  of  action. 
1916A,  403;  1016D,  514. 

Giving  employee  f.;ll  compensation  where 
existing  malady  is  aggravated  by  in- 
jury. 1916D,  1000. 

Making  void  rejection  by  employee  of  the 
compensation  act,  at  suggestion  of  em- 
ployer. 1917D,  15. 

Forbidding  contracts  to  relieve  employer 
of  liability  imposed  by  act,  or  requir- 
ing employees  to  pay  for  the  insurance. 
1917D,  15. 

Making  presumptively  fraudulent  any 
agreement  as  to  a  claim  wuthin  a 
specified  number  of  days  after  injury. 
1917D,  15. 


CONSTRUCTION. 

Of  constitution,  see  CONSTITUTIONAL  LAW. 
Of  contracts,  generally,  see  CONTRACTS. 
Of   covenant  or   condition,   see  COVENANTS 

AND  CONDITIONS. 
Of  guaranty,  see  GUAEANTY. 
Of  insurance  contract,  see  INSUBANCE. 
Of  oil  or  gas  lease,  see  MINES. 
Of  statutes,  see  STATUTES. 
Of  will,  see  WILLS. 
Of     Workmen's     Compensation     Act,     see 

WORKMEN'S  COMPENSATION. 


CONSTRUCTION  CONTRACTS. 


See     BUILDING    AND    CONSTRUCTION  '  CON- 
TRACTS. I 


98 


CONSTRUCTIVE  SERVICE— CONTEMPT. 


CONSTRUCTIVE  SERVICE. 

See  WHIT  AND  PBOCESS. 


CONTAGIOUS  AND  INFECTIOUS 
DISEASES. 

Of  animals,  see  ANIMALS. 

As  to  plant  diseases,  see  PLANT  DISEASES. 

Annotation. 

Validity  of  regulations  to  protect  milk 
from.     1917C,  243. 

Requiring  health  certificate  as  condition  of 

admission    to,    public    school.      1915A, 

632. 
Recovery   under    Workmen's    Compensation 

Act    for    gonorrheal    infection    of    eye. 

]916C,  1139;  1917F,  1094. 


CONTEMPT. 

In  general. 
What  constitutes. 

—  in  general. 

—  charge   against  judge;   publica- 

tion as  to  pending  case  or  ju- 
dicial decision. 

—  disobedience. 
Purging   from,   contempt. 
Procedure. 

Power  as  to. 

Judgment;  punishment;  defenses. 


In  general. 

Liability  of  attorney  for  false  imprisonment 
in  requesting  punishment  for  contempt 
of  witness  refusing  to  answer  questions. 
1917B,  360. 

Threat  by  court  to  punish  counsel  for  con- 
tempt for  making  proper  objections,  as 
ground  for  reversal.  1917D,  199. 

Power  of  court  to  suspend  sentence  of  con- 
vict for  purpose  of  punishing  him  for 
contempt  in  another  case.  1917B,  586. 

What  constitutes. 
—  in  general. 

Annotation. 

Release  of,  or  interference  with  cus- 
tody of,  prisoner  as  contempt  of 
court.  1917D,  355. 

Criminal  contempt.  1915D,  569;  1917E, 
G50. 

Distinction  between  civil  and  criminal  con- 
tempt. 1917B,  113. 

Interference  with  custody  of  a  prisoner. 
1917D,  355. 

Bribing  of  juror.     1917C,  845. 

Assault  on  witness.     1915D.  569. . 

Assault  by  witness  on  juror.     1016D,  1190. 

Inciting  institution  of  fictitious  suit. 
1915B,  689. 


—  charge    against    judge;    publication 

as  to  pending  case  or  judicial  de- 
cision. 

Annotation. 

Publication  reflecting  upon  defendant 
in  a  criminal  case.  1917E,  713. 

Casting  aspersion  upon  character  of  judge. 
1916F,  132. 

Defamation  and  groundless  charges  of  par- 
tisanship. 1917D,  192. 

Limitation  of  newspaper's  right  to  publish. 
1917D,  192. 

Liability  of  managing  editor.     1917E,  703. 

Publication  pending  criminal  trial  of  facts 
concerning  past  life  of  accused  which 
are  not  admissible  in  evidence.  1917E, 
703. 

—  disobedience. 

Power  to  punish,  see  infra. 

By  witness.     1915D,  1061;   1917B,  586. 
Of  order  to  pay  alimony.    1917C,  89. 
Of  injunction.     1917E,  650. 
Failing  to   produce  papers   in   response  to 
subpoena  duces  tecum.     1915B,  980. 

Purging  from  contempt. 

Annotation. 

Effect   of  denial  under   oath  to   purge 

one  of  criminal  contempt.     1917E, 

654. 

Purging  by  mere  disavowal  of  intent,  under 
oath.  1917E,  650. 

Procedure. 

Annotations. 

Affidavit  or  complaint  in  contempt  pro- 
ceedings on  information  and  belief. 
1917C,  854. 

Applicability  in  proceeding  to  punisJi 
criminal  contempt  of  rules  of  evi- 
dence in  criminal  cases.  1917B, 
118. 

Right    to    jury    in    contempt    proceeding. 

19"  7E,  551. 
Submitting  to  jury  question  of  punishment. 

1915D,  569. 
Providence  of  jury  in  contempt  proceeding. 

1917E,  551. 
Right  of  defendant  to  make  stater/ient  not 

under  oath.    1917E,  650. 
Necessity  of  objection  or  exception  to  save 

question  for  review  in  appellate  court. 

1917A,  89. 
Reversible    error    in    argument    of    counsel. 

1917C,  89. 

Verification  of  information.     1917C,  845. 
Sufficiency    of    allegations    in    information. 

1917C,  845;   1917E,  551,  650. 
Affidavits.      1917B,    113:    1917E,    650. 
Necessitv    of    traverse    of    answer.      1917E, 

650." 

Ripht  to  meet  witnesses.     1917B,  113. 
Rules  of  evidence.     1917E,  650. 
Motion   to   quash    return    to   rule   to   show 

cause.     1915D,  1061. 


Power  as  to. 


CONTEMPT— CONTRACTORS.  99 

CONTINGENT  FUND. 


Annotations. 

Power  of  legislative  "body  to  punish  for 
contempt.  1917F,  288. 

Punishment  of  convict  for  failure  or  re- 
fusal to  testify  or  other  contempt. 
1917B,  58S. 

Poicer  to  punish  contempt  committed 
out  of  state.  1917E,  553. 

Power  of  Congress  to  punish  for.  1917F, 
279. 

Inherent  power  of  court  to  punish  for. 
1917D,  192. 

Habeas  corpus  to  test  jurisdiction  to  pun- 
ish for.  1917D,  355. 

Power  of  judge  of  county  court  while  tak- 
ing deposition  to  punish  for  contempt. 
1917B,  360. 

Power  of  judge  of  any  branch  court  to 
punish  for  contempt  committed  against 
another  branch.  191 5B,  689. 

Power  to  punish  contempt  committed  out  of 
state.  1917E,  551. 

Power  to  punish  contempt  in  disobeying 
order,  though  party  charged  was  not  a 
party  to  the  proceeding  in  which  the 
order  was  entered.  1917E,  650. 

Judgment;  punishment;  defenses. 

Annotation. 

Inability  to  pay  alimony  as  defense  to 
contempt.  1917C,  97. 

Refusal  of  court  to  proceed  to  trial  of 
divorce  suit  while  husband  fails  t~  'com- 
ply with  order  to  pay  temporary  ali- 
mony. 1915E,  567. 

Power  of  jury  to  determine  punishment. 
1915D,  569;  1917E,  551. 

Including  costs  incurred  during  trial  in 
fine  for  publication  which  causes  a 
mistrial.  1917E,  703. 

Fine  and  imprisonment.     1915D,  569. 

Length  of  imprisonment;  confinement  in 
penitentiary.  1917C,  845. 


CONTEST. 

Of  election,  see  ELECTIONS. 
Of  wills,  see  WILLS. 


CONTINGENT  FEES. 

Annotation. 

Powei*  of  public  body  to  employ  attor- 
ney on  contingent  fee.  191T/D, 
263. 

Contract  by  attorney  for.  1917B,  1123, 
1140;  1917D,  258. 


Power  to  pay  expense  of  committee  out  of 
contingent  fund  of  legislature.  1915E, 
496. 


CONTINGENT   LIMITATION. 

Validity  of,  see  PEEPETTJITIES. 

-  4  •  » 
CONTINGENT  REMAINDER. 

Creation  of,  by  deed,  see  DEEDS. 


CONTINUANCE  AND  ADJOURN- 

MENT. 

• 

Review  of  discretion  as  to,  see  APPEAL  AND 

ERROR. 
Presumption  and  burden  of  proof  as  to  con- 

tinuance, see  EVIDENCE. 

Continuance  of  preliminary  or  interlocutory 
injunction.  1915B,  173;  1917E,  880. 

Application  by  remaining  defendants  for 
continuance  on  nonsuit  for  misjoinder 
as  to  defendants  improperly  joined, 
based  on  statute  providing  that  where 
only  part  of  defendants  are  served, 
plaintiff  can  demand  trial  at  that  term 
as  to  those  served  only  upon  discon- 
tinuing the  action  as  to  the  others. 
1915F,  992. 


CONTINUING  GUARANTY. 

What  constitutes.    1917D,  402. 


CONTINUITY. 

Annotation. 

Effect  of  brea.Tt.ing  continuity  of  passage 

or    shipment    upon   its     interstate 

character.     1917D, 


CONTRACT  LABOR  LAW. 

Anti-alien  labor  law.     1916D,  550. 


CONTRACTORS. 

Bonds  of,  see  BONDS. 

Contracts  of,  generally,  see  CONTRACTS 

Liability  of,  generally,  for  negligence,  see 
MASTER  AND  SERVANT. 

Liability  of  employer  for  acts  of,  see  MAS- 
TER AND  SERVANT.  \ 


100 


CONTRACTORS— CONTRACTS. 


Annotations. 

Who  may  take  advantage  of  failure  to 
file  assignment  of  a  building  con- 
tract or  of  the  money  due  there- 
under. 1917F,  1127. 

Duty  under  employers'  liability  acts  of 
principal  contractor  to  servants  of 
subcontractor  as  to  condition  of 
place  or  appliance.  1917D,  991. 

Application  in  favor  of  attaching  creditor 
of  contractor,  or  one  having  judgment 
against  him  for  personal  injuries,  of 
provision  in  Mechanic's  Lien  Law,  that 
no  assignment  by  a  building  contractor 
of  funds  due  under  the  contract  shall 
be  valid  unless  recorded.  1917F,  1123. 

Garnishment  of  county  for  amount  due  for 
materials  furnished  to  contractor. 
1917B,  1263. 

Right  of  contractor  to  remove  pavement  for 
which  he  has  not  been  paid.  1915B, 
173. 

Right  of  contractor  who  has  relieved  build- 
ing owner  from  contract  to  use  patent- 
ed process  because  of  threatened  strike 
against  building,  to  recover  from  those 
threatening  strike.  1916C,  986. 

Collusiveness  of  judgment  in  action 
against  administrator  of  contractor  in 
subsequent  action  against  contractor's 
surety.  1916A,  881. 

Liability  of  trade  union  for  failure  to  noti- 
fy contractor  of  change  in  wage  scale. 
1915E,  1006. 

Liability  of  master  for  injury  to  servants, 
of.  1916D,  836. 

Liability  for  conversion  by  subcontractor. 
1915F,  1009. 

Liability  of  contractor  who  has  sublet  the 
work,  for  injury  to  emptoyee  of  sub- 
contractor due  to  defective  appliances. 
1917D,  988. 

Liability  of,  to  third  persons  for  negligence, 
after  acceptance  of  work.  1915E,  766. 

Liability  for  injury  on  defective  highway. 
1916A,  10(,o;  1917D,  234. 

Liability  of  municipality  for'  acts  of,  caus- 
ing injury  on  highway.  1917D,  234. 

Contract  of,  to  indemnify  city  against  li- 
ability for  injuries  caused  by  contract- 
or's negligence.  1915F,  598. 

Injunction  to  restrain  suits  against.  1915F, 
1012. 


CONTRACTS. 

In  general. 

Implied  agreements. 

Consideration. 

Meet  in  a;  of  minds;  definite  ness. 

—  in  general. 

—  mntnality. 

—  definiteness. 

—  offers    and    their    acceptance 

withdrawal. 


Formal  reqnisities;  Statute  of  Frauds. 

—  in   general;   personal   property. 

—  collateral     contracts;     d.  bts     of 

others. 

—  not  to  be  performed  within  year. 

—  contracts  as  to  realty. 

—  sufficiency  of  •writing. 

—  effect  of  fraud  or  part  perform- 

ance. 
Construction. 

—  in  general. 

—  entirety. 

—  time. 

—  particular    words,    phrases    and 

cases. 

Validity  and  effect  generally. 
Illegal  by  express  provision. 
Public  policy. 

—  in  general. 

—  contracts  against  liability. 

—  as  to   corporations  and  associa- 

tions. 

—  affecting  official  action. 

—  contracts    of    public    officers    or 

contracts  in  which  they  are 
interested. 

Gambling  and  wager  contracts. 

In  restraint  of  trade. 

Ratification;  validating. 

Remedies;  proceeds  of  unlawful  con- 
tract. 

—  in  general. 

—  contracts  against  public  policy. 
Performance;  breach. 

—  in  general. 

—  excuse    for   failure    of   perform- 

ance. 

—  right   of  recovery  on.  part   per- 

formance. 

—  sufficiency  of  performance. 

—  acceptance;     waiver     of     objec- 

tions. 

—  condition. 

—  breach  and  its  effect. 
Modification;    termination;    abandon- 
ment. 

Rescission;  cancelation. 

—  in  general. 

—  conditions:   proiaptness;   restor- 

ing benefits. 

—  grounds   of. 
Actions;  liabilities. 

—  in  general. 

—  defenses. 
Public  contracts. 

—  in  general. 

—  advertisements     and    bids)    let- 

ting. 


In  general. 

Contract  of  accord  and  satisfaction,  see  AC- 
CORD AND  SATISFACTION. 

As  to  bills  and  notes,  see  BILLS  A?~O  XOTES. 

Liability  for  interference  with  contract  re- 
lations, see  CASE. 

As  to  compromise  and  settlement,  see  COM- 
PROMISE AND  SETTLEMENT. 

Conflict  of  laws  as  to,  st-e  CONFLICT  OF 
LAWS. 

Restrictions  on  right  of,  see  CONSTITU- 
TIONAL LAW. 


CONTRACTS. 


101 


Impairment  of  obligation  of,  see  CONSTITU- 
TIONAL LAW. 

Of  corporations,  see  CORPORATIONS. 

Of  promoters  of  corporation,  see  CORPORA- 
TIONS. 

As  to  covenants,  see  COVENANTS  AND  CON- 
DITIONS. 

Measure  of  damages  as  to,  see  DAMAGES. 

As  to  deeds,  see  DEEDS. 

Estoppel  by,  see  ESTOPPEL. 

Presumption  and  burden  of  proof  as  to,  see 
EVIDENCE. 

•Sufficiency  of  proof  of,  see  EVIDENCE. 

Of  infant,  see  INFANTS. 

Injunction  to  protect  rights  in,  see  INJUNC- 
TION. 

As  to  insurance  contracts,  see  INSURANCE. 

What  concluded  by  judgment  in  action  on, 
see  JUDGMENT. 

Limitation  of  actions  as  to,  see  LIMITATION 
OF  ACTIONS. 

As  to  mortgage,  see  MORTGAGE. 

Of  municipal  corporations  generally,  see 
MUNICIPAL  CORPORATIONS. 

Liability  of  seller  or  manufacturer  for  de- 
fects in  things  sold  or  manufactured, 
see  NEGLIGENCE. 

Novation,  see  NOVATION. 

Pleading  as  to,  see  PLEADING. 

Reformation  of,  see  REFORMATION  OF  IN- 
STRUMENTS. 

Of  sale,  see  SALE. 

Of  school  district  or  board,  see  SCHOOLS. 

Specific  performance  of,  see  SPECIFIC  PER- 
FORMANCE. 

Land  contract,  see  VENDOR  AND  PUBCHASEE. 

Annotation. 

Right  of  trustee  in  bankruptcy  with  re- 
spect to  executory  contracts  of 
bankrupt.  1917F,  657. 

Assignment  of.     1916F,  88. 

Assignment  of  proceeds  of  contract  due  and 
to  become  due.  191 6D,  361. 

Enlistment  in  state  militia  as  a  contract. 
1915E,  235. 

Negligence  in  signing  contract  without 
reading  it.  1917F,  633. 

Power  of  officers  of  labor  union  to  contract 
to  furnish  union  labor  to  be  individual- 
ly performed  by  members  of  union. 
1917F,  755. 

Whether  action  is  one  on  contract  or  in 
tort.  1916F,  501. 

Liability  on  instalment  contract  of  partner 
who  retires  during  term  of  contract. 
1915B,  418. 

Trustee's  liability  on.     191 5F,  3072. 

Liability  of  agent  on.     1916F,  1228. 

Liability  of  trustee  in  bankruptcy  on  ex- 
ecutory contracts  of  the  bankrupt. 
1917F,  654. 

Implied  agreements. 

Implied  covenants,  generally,  see  COVE- 
NANTS AND  CONDITIONS. 

Implied  covenants  in  lease,  see  LANDLORD 
AND  TENANT. 


Annotations. 

Right  to  recover  for  household  services 
rendered  while  parties  were  living 
in  illicit  relations.  1917B,  6S3. 

Right  of  partnership  to  compensation 
for  services  rendered  to  the  part- 
nership. 1917F,  575. 

Right  of  officer,  director,  or  stockhold- 
er, in  absence  of  special  contract, 
to  compensation  for  services  to  cor- 
poration. 1917F,  31O. 

Implication  of  contract  from  acts  and  con- 
duct. 1917F,  571. 

Action  on  ultra  vires  contract  on  theory  of 
implied  contract  to  place  parties  in 
statu  quo.  1917A,  1021. 

Power  of  courts  to  make  additions  to  terms 
of  contract  on  theory  of  implication. 
1917A,  171. 

Implied  adoption  by  corporation  of  con- 
tracts of  promoters.  1916E,  1165. 

To  pay  for  services.  1916B,  1111;  1917F, 
308,  571:  1917B,  681;  191 7D,  265. 

To  pay  extra  compensation  to  household 
servant  on  increase  in  size  of  family. 
1917D,  809. 

Of  landlord  to  make  repairs.     19] 7F,  997. 

Of  agister  to  supply  water  to  cattle.  1915E, 
590. 

Of  water  company  to  furnish  adequate  sup- 
ply. 1917D/678. 

To  return  advance  payments  made  by  auto- 
mobile agent  upon  his  failure  to  sell 
any  cars..  1915B,  109. 

Mere  failure  to  return  unopened  package 
of  goods  delivered  to  one  who  had  not 
ordered  them  as  raising  obligation  to 
pay.  1916D,  792. 

Implied  covenants.  1915B,  561;  1916F, 
1294. 

Public  contracts.     1917D,  206. 

Consideration. 

Failure  of  consideration  as  ground  for  re- 
scission, see  infra. 

Consideration  for  agreement  of  accord  and 
satisfaction,  see  ACCORD  AND  SATISFAC- 
TION. 

Consideration  for  note,  see  BILLS  AND 
NOTES. 

Parol  evidence  as  to,  see  EVIDENCE. 

Annotations. 

Sufficiency  of  general  averment  of  want 
of  consideration.  1917F,  581. 

Payment  of  part  of  a  liquidated  and 
undisputed  debt  as  a  consideration 
for  the  discharge  of  the  whole. 
1917A,  719. 

Consideration  for  note  or  other  obliga- 
tion given  to  make  good  depletion 
of  capital  or  assets  of  bank. 
1917B,  G8S. 

Consideration  for  note  or  obligation 
given  by  attorney  or  agent  to  cover 
Joss  on  transactions  conducted  by 
him  for  •principal.  1917B,  696. 

Performance  of  existing  contract  obli- 
gation as  consideration  for  new 
promise  by  a  stranger  to  the  con- 
tract 1917D,  11O4. 


102 


CONTRACTS. 


Failure  of  consideration  for  contract  of 
agistment.  1915E,  590. 

Lack  of  consideration  as  ground  for  recovery 
of  payments  made.  1917E,  344. 

For  issue  of  corporate  bonds.     1916E,  563. 

For  guaranty.     1917C,  437. 

For  penal  bond  by  husband  binding  him  to 
resume  marital  relations  and  support 
wife  and  children.  1917D,  440. 

For  oil  and  gas  lease.    1917B,  1184. 

For  option  to  purchase  inserted  in  lease. 
1915C,  367. 

For  agreement  by  seller  of  business  not  to 
re-engage  therein.  1917B,  267. 

For  compromise  and  settlement.    1915B,  20. 

For  automobile  distribution  contract. 
1915B,  109. 

For  agreement  by  promoter  to  purchase 
stock  of  subscriber.  1916A,  568. 

For  release.     1916C,  384. 

Debt  of  husband  as  consideration  for  mort- 
gage of  wife's  property.  1917F,  337. 

Performance  of  existing  obligation.  1917D, 
1100. 

Pre-existing  indebtedness  as  consideration 
for  assignment  of  judgment  as  security 
therefor.  1917F,  1006. 

Past  services  rendered  without  expectation 
of  pay.  1917C,  582. 

Moral  obligation.    1917B,  694;  1917E,  1060. 

Love  and  affection.    1917C,  582. 

Forbearance  to  sue.     1917A,  1068. 

Promise  by  stranger  to  pay  one  under  con- 
tract with  its  owner  to  ride  a  certain 
horse  in  a  race  a  specified  amount  if  he 
wins  the  race.  1917D,  1100. 

Meeting  of  minds;  definite  ness. 

—  in  general. 

Meeting  of  minds  of  parties  to  agreement 
that  smaller  sum  shall  be  accepted  in 
discharge  of  larger  amount.  1917A, 
725. 

Mistake.    1916D,  792. 

—  mutuality. 

Annotations. 

Mutuality  of  contract  giving  real  es- 
tate broker  exclusive  authority  to 
sell,  or  promising  him  commission 
in  case  of  sale  by  anyone  else,  but 
not  in  terms  imposing  any  obliga- 
tion upon  him.  1917E,  1O4O. 

Surrender  clause  in  oil  or  gas  lease  as 
rendering  it  unilateral.  1917B, 
12O6. 

Right  to  raise  question  of  mutuality  of  con- 
tract where  parties  had  acted  under  it 
during  the  entire  period  of  its  existence. 
1915B,  109. 

Contract  by  bank  to  lend  money.  1916F, 
501. 

Agreement  that  broker  shall  have  exclusive 
agency  to  find  purchaser..  1917E,  1036. 

—  definiteness. 

Indefiniteness  as  affecting  specific  perform- 
ance. 1916C,  1098;  1917A,  563,  1074. 


—  offers  and  their  acceptance  or  with- 

drawal. 

Annotation. 

Devolution  of  interests  of  respective 
parties  to  option.  1917D,  719. 

Specific  performance  of  provisions  of  con- 
tract preliminary  to  exercise  of  option. 
1917C,  809. 

Specific  performance  of  option  contract. 
1915C,  367. 

What  constitutes  an  option.     191 5A,  317. 

Mere  statement  of  price  as  an  offer  to  sell. 
191 5F,  824. 

Mining  lease  as  an  option  terminable  at 
pleasure.  1915B,  561. 

Agreement  by  promoter  to  purchase  stock 
of  subscriber  as  an  option.  1916A,  568. 

Consideration  for  option  to  purchase  in- 
serted in  lease.  1915C,  367. 

Option  for  purchase  of  insured  property,  as 
breach  of  condition  as  to  ownership. 
1917A,  299. 

Agreement  of  vendor  to  resell  land  at  ven- 
dee's option.  1917C,  761. 

Validity  of  fifty-year  option  for  a  thirty- 
year  mining  lease.  1917D,  900. 

Tender  of  purchase  price.     1915D,  196. 

Time  as  essence  of.     1915B,  181,  ]036. 

Sufficiency  of  acceptance.  1916A,  1297; 
1915D,  196. 

Right  of  one  who  has  rejected  original  offer 
to  accept  it  without  renewal.  1915D, 
145. 

Withdrawal  of  offer  after  acceptance. 
1917D,  741. 

Modification  before  acceptance.  1917E, 
1069. 

Defense  to  action  to  recover  consideration 
for  option.  1915A,  271. 

What  constitutes  breach  of  option  and  con- 
tract. 1915A,  271. 

Formal  reqnisities;  Statute  of  Frauds. 

—  in  general;  personal  property. 

Parol  evidence  to  vary  written  contract,  see 

EVIDENCE. 
Contracts    by   municipal    corporations,    see 

MUNICIPAL  CORPORATIONS. 
Specific  performance  of   oral   contract,   see 

SPECIFIC  PERFORMANCE. 

.involution*. 

May  Statute  of  Frauds  be  raised  for 
first  time  on  appeal  where  under 
the  pleadings  it  might  have  been 
raised  belon:  1917B.  1071. 

Effect  of  the  Statute  of  Frauds  upon 
the  right  to  modify,  by  subsequent 
parol  agreement,  a  written  contract 
required  by  the  statute  to  be  in 
tcriting.  1917B,  144. 

Effect  of  the  Statute  of  Frauds  upon 
the  power  of  equity  to  reform  a 
contract.  19 17 A,  571. 


Conflict  of  laws  as  to.    1917E,  777. 
Construction  of  Statute  of  Frauds. 
777. 


1917E, 


CONTRACTS. 


103 


Necessity  and  sufficiency  of  allegations  as 
to.  1917B,  1061. 

Raising  question  of  Statute  of  Frauds  for 
first  time  on  appeal.  1917B,  1061. 

Power  to  reform  instrument  to  make  it  com- 
ply with  Statute  of  Frauds.  1917A, 
563. 

Parol  modification  of  written  contract. 
1917B,  139,  141. 

Right  to  recover  value  of  services  rendered 
under  contract  void  because  not  in  writ- 
ing. 1916D,  892. 

Right  to  corporate  dividend  on  transfer  of 
stock,  although  contract  to  transfer 
was  within  Statute  of  Frauds.  1917F, 
551. 

—  collateral  contracts;  debts  of  others. 

Promise  to  pay  an  existing  note  and  mort- 
gage executed  by  another,  made  to  pro- 
tect the  interests  of  the  promisor,  who 
had  become  the  owner  of  the  mortgaged 
lands.  1917D,  872. 

Agreement  to  secure  waivers  from  taxpayers 
of  the  statutory  limit  of  street  improve- 
ment assessments  and  promises  to  pay 
the  full  costs  of  the  improvement. 
1917F,  493. 

—  not  to  be  performed  within  year. 
Contract  to  pay  money  in  consideration  of 

support  for  life.     191 5E,  562. 
Contract  made  in  June  to  render  services 

for  a  year  from  the  following  October. 

1916D,  880. 
Contract  to  marry.    1915D,  1190. 

—  contracts  as  to  realty. 

Specific  performance  of,  see  SPECIFIC  PER- 
FORMANCE. 

Estoppel  to  set  up  Statute  of  Frauds. 
1915A,  288. 

Necessity  that  abandonment  of  real  prop- 
erty be  in  writing.  1915D,  176. 

Right  of  vendee  in  unenforceable  parol  con- 
tract to  rescind  it  and  recover  back 
voluntary  payments.  1916D,  462,  466. 

To  convey  or  reconvey.     1915D,  150. 

Partnership  agreement.     1915A,  521. 

Lease.    1915A,  288. 

—  sufficiency  of  writing. 

Annotations. 

Place  of  signature.     19 17 A,   153. 

Officer's  return  upon  judicial  sale  as  a 
memorandum  satisfying  the  Stat- 
ute of  Frauds.  1917E,  899. 

Several  papers.     1915A,  1297. 

Telegram.    1915A,  1297. 

Description  of  land.  1916C,  1098;  1917A, 
151,  563,  596. 

Signature.     1915C,  400;    1917A,  151. 

Memorandum.      1915C,   400;    19] 6C,   1098. 

Return  by  sheriff,  indorsed  on  execution,  of 
highest  bid  made,  as  sufficient  to  satisfy 
Statute  of  Frauds.  1917E,  897. 

—  effect  of  fraud  or  part  performance. 

Part  performance  to  take  lease  out  of  Stat- 
ute of  Frauds.  1917B,  141. 


Sale  of  chattels.     191 6F,  389. 
Contract  to  render  services.   1916D,   880. 
Contracts  relating  to  real  property.    1916D, 
485,  1211. 

Construction. 

—  in  general. 

Custom  as  guide  in  construction  of,  see 
CUSTOM  AND  USAGE. 

Parol  evidence  to  determine  party  liable  on 
simple  contract.  3916F,  1228. 

Power  of  courts  to  make  additions  to  terms 
of  contract  on  theory  of  implication. 
1917A,  171. 

Considering  facts  and  surrounding  circum- 
stances. 1916F,  236;  1917A,  740. 

Construing  contract  as  creating  implied 
condition  rather  than  implied  covenant. 
1917A,  171. 

Construing  contract  so  as  to  uphold  it. 
1917A,  1068  and  1917C,  964. 

Intention  of  parties.  1916F,  1228;  1917D, 
1115. 

When  contract  by  several  persons  creates  a 
joint  obligation.  1917D,  1115. 

Effect  of  addition  of  word  "trustee," 
"agent,"  or  "president"  to  signature  to 
instrument  on  personal  liability  there- 
on. 1916F,  1228. 

—  entirety. 

Of  insurance  contract,  see  INSURANCE. 

Contract  for  services.     191 6F,  926. 
Contract  for  sale  of  several  articles  of  per- 
sonalty for  gross  sum.     1915B,  536. 

—  time. 

Time  as  essence  of,  when  not  expressly  so 

provided.     1916E,  932. 
Time  as  essence  of  contract  in  oil  and  gas 

lease.    1917B,  1184. 
Stipulation  as  to  time  for  delivery  of  goods 

sold    as    condition    precedent.      1916E, 

932. 

—  particular  •words,  phrases  and  cases. 

Insurance  contracts,  see  INSURANCE. 
Lease   generally,   see   LANDLORD   AND   TEN- 
ANT. 
Oil  and  gas  lease,  see  MINES. 

Annotation*. 

Construction  of  contract  having  some 
provisions  peculiar  to  consignment 
and  agency  contracts,  and  others 
to  sale  contracts.  1917B,  626. 

What  constitutes  a  broken  or  defective 
part  ivithin  agreement  in  contract 
of  sale  to  replace  such  parts. 
1917D,  1126. 

Provision  of  contract  for  payment  \vith- 
out  deduction  for  taxes  as  applic- 
able to  income  tax.  1917F,  2O5. 

Effect  of  fact  that  proposal  for  contract  on 
behalf  of  corporation  is  written  upon 
stationery  containing  statement  that  all 
proposals  are  subject  to  approval  of 
the  executive  office.  1916D,  1069. 


104 


CONTRACTS. 


Who  must  pay  inheritance  tax  under  terms 
of  contract  selling  heirs'  interest. 
1917F,  821. 

Building  contracts.     1915C,  170. 

Contract  for  towage  service.    1915B,  1086. 

Covenant  in  contract  of  sale  to  replace  parts 
which  break  because  of  defective  mater- 
ial or  workmanship.  1917D,  1125. 

Contract  for  transfer  of  real  property. 
1917A,  200. 

Construction  of  representation  by  vendor  of 
farm  that  it  is  in  good  condition  for 
cropping.  1917C,  270. 

Contract  by  which  property  is  conveyed  by 
mother  to  son  in  consideration  of  cer- 
tain payments  to  brothers  and  sisters 
and  to  the  mother,  and  the  furnishing 
to  the  mother  of  support  and  certain 
rooms  in  his  dwelling  house.  1917E, 
655. 

Agreement  not  to  enter  competitive  busi- 
ness. 1917B,  267. 

Construction  of  lease  of  premises  for  saloon. 
1917E,  777. 

Agreement  to  renew  contract  for  water  sup- 
ply upon  such  terms  as  are  mutually 
agreed  upon.  1917D,  1074. 

Effect  of  instrument  to  create  contract  by 
water  company  to  furnish  water  to  rail- 
road company.  1917E,  680. 

Provision  for  free  water  for  certain  pur- 
poses in  franchise  of  water  company. 
1916D,  431. 

Agreement  by  adopting  parents  as  to  prop- 
erty rights  of  adopted  child.  1916D, 
421. 

Validity  and  effect  generally. 

Formal  requisites,  see  supra. 

Champertous  contracts,  see  CHAMPERTY  AND 
MAINTENANCE. 

Contracts  by  corporation,  see  CORPORA- 
TIONS. 

Antenuptial  contract,  see  HUSBAND  AND 
WIFE. 

Of  married  women's  contracts,  see  HUSBAND 
AND  WIFE. 

Contracts  between  husband  and  wife,  see 
HUSBAND  AND  WIFE. 

Contracts  by  infants,  see  INFANTS. 

Mortgage,  see  MORTGAGE. 

Sunday  contracts,  see  SUNDAY. 

Contract  with  alien  enemy,  see  WAR. 

Estoppel   to   set  up   illegality  of   contract. 

1915B,  925. 
Effect   of   partial   invalidity.      1915A,    904, 

1208. 
Contract    by    intoxicated    person.      1915B, 

1121;  1915E,  465. 
Provision  in  contract  with  gas  company  that 

consumers     are    to    pay     to    company 

money  stolen  from  prepavment  meters. 

1915A,  1208. 
Contract    of    water    company    to    give    free 

service  to  municipality.  1917B,  908. 
Validity  of  lease  for  saloon.  1917K.  777. 
Validity  of  guaranty  by  brewing  concern  of 

lease    entered     into     by     saloonkeeper. 

1917E.  777. 


Illegal  by  express  provision. 

Contracts  in  violation  of  Anti-Trust  Law, 
see  MONOPOLY  AND  COMBINATIONS. 

Annotation. 

Right  to  contract  out  of  Workint  n'* 
Compensation  Act.  1917D,  35. 

Effect  of  failure  to  comply  with  regulations 
as  to  right  to  do  business  iiiuh-r  a-- 
sumed  name  to  render  contracts  unen- 
forceable. 1915E,  747. 

Failure  of  money  lender  to  comply  with 
statute  as  invalidating  loan.  1915B, 
851. 

Contract  by  unlicensed  person.     1915B.  851. 

Effect  of  statute  to  make  unlawful  grant  by 
carrier  of  exclusive  privilege  to  bag- 
gage company.  1917F,  1080. 

Statute  making  illegal  agreement  that  em- 
ployee shall  not  become  or  remain  mem- 
ber of  labor  organization.  r.U.'.i 

Contracts  of  unauthorized  foreign  corpora- 
tion. 1915B,  665;  1917C,  1012. 

Pnblic  policy. 

—  in  general. 

As  to  contracts  in  restraint  of  trade,  see 

infra. 
Champertous  contracts,  see  CHAMPERTY  AND 

MAINTENANCE. 
Contracts  of  corporate  officers  in  their  own 

interests,  see  CORPORATIONS. 

Annotations. 

Insurance  on  ban- fit/house  or  furniture 
therein.  1917B,  257. 

Sale  of  goods  to  Keeper  or  inmate  of 
house  of  ill- fame.  1917B,  11GS. 

Validity  or  enforceability  of  bond  to 
one  spouse  conditioned  for  main- 
tenance of  fa  mill/  relation  or  prop- 
er conduct  of  other  spouse.  191  ~iD, 
445. 

Validity  of  contract  to  influence,  by 
apparently  disinterested  advice,  thv 
conduct  of  a  third  person  to  n-Jnnn 
the  promisor  ou-es  no  contractual 
duty.  1917F,  468. 

Contract  made  to  prevent  attach-  unon 
divorce  decree  as  contrary  to  public 
policy.  1917F,  621. 

Definition  of  public  policy.     1917D,  641. 

Provision  in  contract  between  citizens  of 
different  states  that  no  action  upon  it 
shall  be  instituted  in  other  than  a  speci- 
fied court  of  one  of  the  states.  1016D, 
691. 

Contract  between  merchant  and  corporation 
to  stimulate  trade  by  means  of  voting 
contest.  1917D,  482! 

Agreement  to  recompense  one  whose  prop- 
erty has  been  stolen  or  embezzled. 
1915E,  339. 

Stipulation  against  recovery  of  interest  in 
oa>p  of  action  to  enforce  contract. 
1916A,  551. 

Provision  in  lease  of  town  land  that  lessor 
will  pay  the  taxes.  1915C,  698. 


CONTRACTS. 


305 


Agreement  by  property  owner  to  waive 
statutory  limitation  of  assessments  for 
street  improvements.  1917F,  493. 

Penal  bond  binding  husband  to  resume  mar- 
ital relations  and  provide  for  support 
of  family.  1917D,  440. 

Affecting  marriage  relation.  1915D,  1064; 
1917F,  618. 

Validity  of  fifty-year  option  for  a  thirty- 
year  mining  lease.  1917D,  900. 

With  members  of  labor  organization.  1915A, 
1217. 

With  employee.  1915C,  823;  K15E,  1017; 
1917D,  641. 

With  attorney.  1916D,  459;  1917B,  1123, 
1140;  1917D,  258;  1917F,  464. 

Stipulation  for  attorneys'  fees.     19157?,  928. 

Insurance  on  furniture  in  disorderly  house. 
1917B,  253. 

Provisions  in  lease  for  saloon  as  to  rights 
and  liabilities  of  parties  if  conditions 
should  arise  preventing  lessor  from 
currying  on  such  business.  1917E,  777. 

Validity  of  retention  of  title  to  goods  sold 
bv  wholesaler  to  retailer  for  resale. 
1B17B,  651. 

Validity  of  attempted  reservation  in  dedi- 
cating land  for  street.  1C17C,  225. 

Covenant  against  sale  of  property  to  negro. 
1916B, 1201. 

Agreement  by  mortgagor  to  forfeit  all  in- 
terest in  property  on  failure  to  pay 
debt  within  fixed  time.  1915B,  492. 

Grant  by  carrier  of  exclusive  privilege  to 
baggage  company.  1915B,  358;  1917F, 
1080. 

Release  by  baseball  club  of  services  of  ball 
player  under  contract  with  it  to  enter 
club.  1917F,  841. 

—  contracts   against  liability. 

Contracts  limiting  liability  of  carrier,  see 
CARRIERS. 

Limitation  of  liability  of  telegraph  com- 
pany, see  TELEGRAMS. 

Waiver  by  employee  of  benefit  of  constitu- 
tional provision  forbidding  statutory 
limitation  of  recovery  for  personal  in- 
juries. 1916A,  389. 

Release  of  claim  for  injuries.     1915E,  1170. 

—  as  to  corporations  and  associations. 

Annotation. 

Validity  of  individual  contract  of  di- 
rector to  pay  dividends.  1917 A, 
1O77. 

Contract  for  voting  trust.    1917A,  1174. 

Agreement  by  corporate  director  to  declare 
and  pay  certain  dividend.  1917A,  1068. 

Contract  by  corporate  director  without 
knowledge  of  stock  holders  to  repur- 
chase stock  sold  manager  upon  discon- 
tinuance of  his  employment.  1916D, 
1114. 

Grant  by  water  company  of  free  use  of 
water  to  railroad  in  consideration  of 
right  to  lay  pipe  line  along  railroad 
right  of  way.  1917E,  680. 


Contract  of  water  company  to  give  free 
service  to  municipality.  1917B,  908. 

Contract  as  to  location  of  railroad  station. 
191.  J,  925;  1916F,  687. 

—  affecting  official  action. 

Agreement  to  pay  commission  for  obtaining 
contract  from  municipality.  1915C, 
823. 

Contract  to  use  influence  to  procure  removal 
of  postoffice  to  certain  location.  1916D, 
722. 

Contract  to  aid  in  securing  parole  of  prison- 
er. 1916D,  576. 

As  to  location  of  public  building.  1916F, 
873. 

—  cor  tracts   of  public   officers   or  con- 

tracts in  •which  they  are  interest- 
ed. 

For  contracts  affecting  official  action,  see 
supra. 

Annotations. 

Agreement  to  accept  less  than  amount 
of  appropriate  i,  salary,  or  fee. 
1917B,  19O. 

Promise  to  accept  less  than  compensa- 
tion fixed  by  law  as  affecting  right 
to  hold  office.  1917B,  196. 

Agreement  to  pay  more  than  legal 
salary  or  fees  of  public  officer  or 
employee.  1917C,  1O93. 

Provision  against  officer  being  interest- 
ed in  contract  with  public  as  ex- 
tending to  corporation  of  \vhich  he 
is  a  stockholder  or  officer.  1917C, 
1O99. 

Contracts  of  public  officers  as  to  compensa- 
tion. 1917C,  1084. 

Offer  by  candidate  to  take  only  part  of  hia 
salary  if  elected.  1917B,  191. 

Gambling  and  wager  contracts. 
Purchase    on    margin;    dealing    in    futures. 
1916B,  1056. 

In  restraint  of  trade. 

Combinations  between  several  persons  or 
corporations  in  restraint  of  trade  or 
commerce,  see  MONOPOLY  AND  COMBINA- 
TIONS. 

Annotation. 

Validity  of  contract  provision  seeking  to 
control  price  at  \vhicli  an  article 
shall  be  resold.  1917 A,  1285. 

To  refrain  from  business.  1916C,  620; 
1917A,  376;  1917E,  880;  1917F,  251, 
450. 

Creation  of  monopoly  by  contract  as  to  trad- 
ing stamps.  19151),  520. 

Covenant  in  deed  intended  to  secure  mo- 
nopoly in  certain  business.  1915A,  679. 

Contract  giving  exclusive  privilege  to  trans- 
fer companv,  hacks,  etc.  1915B,  358; 
1917F,  1080". 

Ratification;   validating. 

By  corporation,  see  CORPORATIONS. 


106 


CONTRACTS. 


Ratification  of  agent's  contracts,  see  PRIN- 
CIPAL AND  AGENT. 

Of  contract  with  city.  1917C,  1096;  1917D, 
206. 

Of  Sunday  contract.     1917C,  582. 

By  school  board  of  invalid  contract  of  em- 
ployment. 1915F,  1047. 

Void  lease.     1915A,  288. 

Contract  made  while  intoxicated.  1915B, 
1121. 

Remedies;  proceeds  of  unlawful  con- 
tract. 

—  in  general? 

Right  to  relief  from  ultra  vires  contract, 
see  CORPORATIONS. 

Annotations. 

Accounting  and  contribution  "between 
members  of  partnership  which  is 
illeyri  or  which  has  been  engaged 
in  illegal  business.  1917 A,  4:4:6. 

Remedy  of  party  as  to  rescission  of 
Sunday  contract.  1917D,  450. 

Right  to  recover  in  tort  action  where  plain- 
tiff's wrongful  acts  must  be  shown  to 
make  out  case.  1915C,  487. 

Contracts  in  violation  of  statute.  1915D, 
987;  1916A,  779;  1916B,  1056;  1916E, 
622. 

Enforcement  of  monopolistic  contract. 
1915C,  865. 

Enforcement  of  valid  agreement  incidental- 
ly connected  with  illegal  contract. 
1915C,  531. 

Right  to  maintain  action  for  breach  of  con- 
tracts made  under  assumed  name. 
1915D,  981. 

Refusal  of  courts  to  rescind  contract  be- 
cause made  on  Sunday.  1917D,  445. 

Right  to  recover  back  premiums  paid  on 
void  insurance  policy.  191 7 A,  475. 

Right  to  recov.er  price  of  liquors  sold  for 
resale,  where  resale  will  encourage 
house  of  ill  fame.  1917B,  1166. 

Effect  of  fact  that  one  purchasing  goods  un- 
der contract  which  illegally  fixed  retail 
prices,  sold  the  goods  at  prices  slightly 
varying  from  those  fixed,  to  render  the 
contract  enforceable  by  the  seller. 
1917A,  1276. 

—  contracts  against  public  policy. 

Refusal  of  remedy  to  attorney  on  contract 
with  relatives  of  property  owner,  for 
legal  services  in  inducing  him  to  give 
a  deed  of  trust  providing  for  such  rela- 
tives. 1917F,  464. 

Cancelation  of  lien  on  land  given  to  secure 
payment  of  money  under  contract 
against  public  policy.  1916D,  722. 

Right  of  divorced  person  who  remarries 
within  prohibited  time  to  recover  prop- 
erty conveyed  to  induce  the  marriage. 
1916C,  741. 

Refusal  to  set  aside  void  marriage  where 
parties  are  in  pari  delicto.  1916C,  741. 


Performance;  breach. 

—  in  general. 

Who  must  perform.     1916E,  932. 

Necessity  of  fulfilling  condition  precedent 
before  requiring  other  party  to  con- 
tract to  perform.  1916D,  728;  1916E, 
932. 


—  excuse  for  failure  of  performance. 

Annotation. 

Excuse  for  failure  of  grantee  to  per- 
form agreement  to  support. 
1917E,  658. 

Prohibited  expense  as  excuse  for  incomplet- 
ed  performance  of  contract  to  excavate 
gravel.  1916F,  1. 

Impossibility  of  performance;  inevitable  ac- 
cident. 1915C,  177:  1916F,  3;  1917A, 
648;  1917C,  437,  761. 

Prevention  or  hindrance  by  other  party. 
1915C,  671;  1916D,  728;  1917A,  1068. 

—  right  of  recovery  on  part  perform- 

ance. 

Part  performance  to  satisfy  Statute  of 
Frauds,  see  supra. 

Annotation. 

Who  must  bear  loss  occasioned  by  de- 
struction of  building  in  process  of 
erection  or  repair.  1917D,  1O11. 

Objecting  for  first  time  on  appeal  to  right 
to  recover  on  quantum  meruit.  1916E, 
788. 

Part  performance  of  threshing  contract. 
1916E,  788. 

Where  building  is  destroved  before  comple- 
tion of  contract.  1917D,  1006. 

For  services  of  servant  contracting  to  serve 
master  until  latter's  death,  who  prede- 
ceases master.  1917D,  809. 

Forfeiture  by  party  to  boxing  match  of  his 
right  to  compensation  by  disabling  his 
opponent  by  a  foul  blow  early  in  the 
contest,  so  that  it  cannot  proceed. 
1917B,  1238. 

Right  of  one  furnishing  materials  to  con- 
tractor for  construction  of  courthouse 
to  recover  from  county  where  contractor 
gives  up  contract  before  its  completion. 
1917B,  1269. 

—  sufficiency  of  performance. 

Burden  of  proof  as  to  performance  or  tender 
of  performance.  1917A,  1068. 

Sufficiency  of  performance  of  contract  to 
establish  whether  diamond  was  stolen 
and  who  stole  it  to  satisfaction  of  em- 
ployer. 1917A,  1146. 

Delivery  of  part  of  the  property  under  con- 
tract for  sale  of  several  articles  for  a 
sum  in  gross.  1915B,  538. 


CONTRACTS. 


107 


—  acceptance;  waiver  of  objections. 

Annotation. 

Use  of  building  by  owner  as  an  accept- 
ance of  work  of  construction  or  re- 
pair, and  as  a  waiver  of  Known  de- 
fects therein.  1917C,  324. 

Taking  possession  of  building  and  payment 
of  contract  price  as  waiver  of  right  vf 
action  for  faulty  construction.  1917C, 
322. 

—  condition. 

Furnishing  by  purchaser  of  bags  for  pota- 
toes as  agreed,  as  condition  precedent 
to  performance  of  contract.  1916D, 
728. 

—  breach  and  its  effect. 

Breach  of  contract  of  agistment,  see  AGIST- 
MENT. 

Action  for  inducing  breach  of  contract,  see 
CASE. 

Breach  of  covenant,  see  COVENANTS  AND 
CONDITIONS. 

Breach  of  conditions  subsequent,  see  COVE- 
NANTS AND  CONDITIONS. 

Measure  of  compensation  for  breach  gener- 
ally, see  DAMAGES. 

Choice  of  remedy  for  breach,  see  ELECTION 
OF  REMEDIES. 

Relevancy  of  evidence  as  to  breach,  see 
EVIDENCE. 

Injunction  against  breach,  see  INJUNCTION. 

Annotations. 

Damages  for  anticipatory  breach  of 
contract  as  provable  claim  in  bank- 
ruptcy. 1917B,  5S5. 

May  action  for  alienation  of  affections 
rest  upon  a  breach  of  contract. 
1917B,  68O. 

Damages  for  mental  anguish  resulting  from 

breach.     1917D,  440. 
Presumption  and  burden  of  proof  in  action 

for  breach.    1917A,  1068. 
Sufficiency  of  proof  of  breach.     1015E,  581. 
Pleading  in  suit  to  enjoin  breach.     1917B, 

267. 
Anticipatory  breach  of  executory  contract. 

1915E,  851. 
Breach  of  contract  by  physician  to  attend 

patient.     1916B,  622. 
What     constitutes     breach.       1915A,     271; 

1915B,  1204;   1916F,  926;   1917B,  580; 

1917C,  1053. 
Effect  of  breach.    1915C,  854;  1916B,  1201; 

1917A,  1068;  1917F,  744. 

Modification;  termination;  abandon- 
ment. 

Effect  of  war  to  terminate  contract,  see 
WAR. 

Annotation. 

Death  of  promisee  before  that  of  prom- 
isor in  agreement  to  make  provi- 
sion by  ^cill.  1917D,  812. 


Modification  by  parol.     1917B,  139,  141. 

Right  of  one  party  to  abandon  contract 
because  of  failure  of  performance  by 
other  party.  1917F,  744. 

Termination  of  antenuptial  contract,  by 
marriage.  1915E,  161. 

Termination  by  statute  or  ordinance. 
19179,  929'  931' 

Termination  by  death  of  party.  1915C,  601 ; 
1917D,  809. 

Termination  of  mining  lease.     1915B,  561. 

Effect  of  extension  of  city  limits  to  take  in 
property  to  which  water  is  furnished 
under  contract  to  abrogate  such  con- 
tract. 1917D,  902. 

Abandonment  of  fifty-year  option  for  a 
thirty-year  mining  lease  by  failure  to 
explore  and  take  a  lease  within  thirty 
years  after  the  contract  was  entered  in- 
to. 1917D,  900. 

Right  of  water  company  to  terminate  con- 
tract to  furnish  water.  1917E,  680. 

Rescission;  cancelation. 

—  in  general. 

Disaffirmance  of  contract  by  infant,  see  IN- 
FANTS. 

Of  insurance  contract,  see  INSURANCE. 

Cancelation  of  oil  and  gas  lease,  see  MINES. 

Rescission  of  settlement  and  release  of  cause 
of  action  for  personal  injury,  see  RE- 
LEASE. 

As  between  vendor  and  purchaser,  see  VEN- 
DOR AND  PTTRCHASEB. 

Annotation. 

Remedy  of  party  as  to  rescission  of  Sun- 
day contract.  1917D,  4=5O. 

Waiver  of  right  to  rescind.     1916F,  476. 

Laches  in  seeking  cancelation.     1917F,  744. 

Effect  of  death  on  right  to  rescind  deed. 
1916B,  862. 

Filing  bill  to  cancel  contract  for  fraud  as 
bar  to  action  for  damages  for  its 
breach.  191 7D,  652. 

Undisclosed  principal  as  necessary  party  de- 
fendant to  suit  to  rescind  contract  made 
with  agent.  1917E,  988. 

Bringing  of  suit  by  principal  against  agent 
to  recover  proceeds  of  sale  of  her  prop- 
erty by  agent  as  bar  to  suit  to  cancel 
the*  deed  for  agent's  fraud.  1917D,  697. 

Effect  of  decree  canceling  for  fraud  deed  to 
wife  of  vendee  in  contract  for  purchase 
of  land  to  cancel  also  the  contract  of 
sale.  1917D,  228. 

Of  deed  given  in  consideration  of  support  of 
grantor;  where  other  relief  would  more 
fully  protect  rights  of  parties  in  in- 
terest. 1917D,  624. 

Cancelation  of  subscription  to  stock.  1917C, 
890. 

Requiring  purchaser  of  stock  who  has  trans- 
ferred a  portion  thereof,  to  make  up  a 
deficiency  out  of  other  shares  in  same 
corporation  owned  by  him,  on  cancela- 
tion of  the  contract.  1917E,  988. 

Right  of  one  selling  equipment  to  receiver 
acting  without  authority  to  repudiate 
contract  for  invalidity  upon  legal  ap- 
pointment of  receiver"  1916C,  516. 


108 


CONTRACTS— CONTRIBUTION  AND  INDEMNITY. 


Right  of  purchaser  of  going  business  who 
rescinds  contract  for  fraud  to  continue 
business  during  pendency  of  suit  to 
recover  what  he  parted  with.  1916F, 
476. 

—  conditions;     promptness;     restoring 

benefits. 

Laches  in  seeking  cancelation.     1917F,  744. 
Disaffirmance  as  prerequisite  to  recovery  of 

property     conveyed     by     incompetent. 

1915B,  678. 
Restoring  benefits.    1915A,  675;  1916F,  476; 

1917A,   671. 

—  grounds  of. 

For  duress,  see  DURESS. 


Belief  of  grantor  in  conveyance  in  con- 
sideration of  agreement  to  support 
which  is  broken  by  grantee. 
1917  D,  627. 

Mistake  in  computation  by  contractor 
as  ground  for  relief.  1917D,  745. 

Imprisonment  of  one  of  the  parties  to 
a  contract  as  ground  for  rescission. 
1917  F,  628. 

Imprisonment  of  one  party.     1917F,  626. 
Fraud.     1915A,   1221;    1915D,  257;    1916B, 

862;    1916D,   377;    1917A,  482;    1917C, 

617,  890;  1917E,  399,  988. 
Mistake.    1916B,  769  ;  1917A,  200,  741. 
Breach  by  other  party.     1915C,  854;  1916B, 

1201;  1917F,  744. 
Inadequacy     or     failure     of     consideration. 

191  6D,  377;   1916E,  622;    1917C,  437; 

1917D,  624. 

Actions;  liabilities. 

—  in  general. 

Remedies  on  illegal  contract,  see  supra. 
Action  on  the  case,  see  CASE. 
Measure  of  compensation  on,  see  DAMAGES. 
Choice  of  remedy  for  breach,  see  ELECTION 

OF  REMEDIES. 
Effect  of  pursuing  one  remedy,  see  ELECTION 

OF  REMEDIES. 
Limitation  of  time  for  action,  see  LIMITA- 

TION OF  ACTIONS. 

Right  of  action  on,  generally,  see  PASTIES. 
Pleading  in  action  on,  see  PLEADING. 

Effect  on  right  of  action  of  provision  for 

delav     in     performance     of     contract. 

1917A,  1068. 
Right  of  alien   enemy  to  maintain   action. 

1917C,  644. 
Estoppel  by  admissions  in  pleading.  1916D, 

792. 
Instructions  in  actions  on,  generally.   1915B, 

221;  1916F,  1036. 

—  defenses. 

As    to    defenses   generally,    see    ACTION   OB 

SUIT. 
In  action  on  negotiable  paper,  see  BILLS  AND 

NOTES. 
Violation  of  Sunday  law  as,  see  SUNDAY. 


Annotation. 

Failure  to  read  contract  us  affecting 
right  to  assert  fraud  in  respect 
thereto.  '  1917F,  637. 

Public  contracts. 

—  in  general. 

Validity  of  contract  to  affect  official  action, 

•    see  supra. 
As   to    municipal    contracts    generally,    see 

MUNICIPAL  CORPORATIONS. 
Contract  by   city  for  public  wa*er  supply, 

see  WATERS. 

Annotation. 

Mandamus  to  compel  public  officer  to 
execute  a  contract.  1917F,  538. 

Mandamus  to  compel  execution  of  contract. 
1917F,  535. 

Implied  contract.     1917D,  206. 

Estoppel  to  set  up  invalidity  of  contract 
1917A,  436. 

Who  niay  maintain  action  on  public  con- 
tract. 1915D,  917. 

Validity  of  agreement  to  gay  commission 
for  obtaining  contract  from  munici- 
pality. 1915C,  823. 

Construction  of  contract  regarding  public 
franchise.  1915A,  246. 

—  advertisements  and  bids;  letting. 

Annotation. 

Validity  of  contract  for  material  pat- 
ented or  held  in  monopoly  where 
letting  to  the  lowest  bidder  is  re- 
quired. 19 17 A,  442. 

Necessity  of  estimates  and  specifications. 
1915A,  198. 

Bid  for  paving  contract;  effect  of  secret  ad- 
vantageous price  to  bidder  from  owner 
of  patent.  1917A,  436. 

Letting  to  lowest  bidder.  1915  A,  198; 
1915F,  854;  1916B,  1027. 

Right  of  bidder  to  withdraw  his  bid  and  re- 
cover his  deposit.  1915A,  22."). 


CONTRADICTORY  STATEMENTS. 

Annotation. 

Conviction  of  perjury  upon  proof  that 
accused  made  contradictory  state- 
ments. 1917C,  58. 

Sufficiency  of  proof  of,  to  convict  one  of  per- 
jury. 1917C,  52. 


CONTRIBUTION    AND    INDEMNITY. 

Contribution  between  insurance  companies, 
see  INSURANCE. 


CONTRIBUTION  AND  INDEMNITY— CONVICTS. 


109 


Annotations, 

Between  members  of  partnersJiip  which 
is  illegal,  or  which  has  been  en- 
gaged in  illegal  business.  19 17 A, 
440. 

Right  of  surety  to  indemnity  from  prin- 
cipal or  contribution  from  cosurety 
as  affected  by  the  fact  that  an  ac- 
tion by  the  creditor  against  the 
principal  or  cosurety  would  be 
barred.  1917F,  1O74. 

When  limitations  begin  to  run  against 
claim  for.  1915B,  961. 

Determination  of  moot  question  in  action 
for  contribution.  1915B,  856. 

Lew  of  contribution  by  military  commander. 
1917A,  276. 

Validity  of  contract  by  married  woman  to 
idemnify  one  against  liability  as  surety 
for  a  third  person.  1915B,  1116. 

Requiring  from  operators  of  jitneys  jontract 
for  indemnity  against  injury  to  persons 
and  property.  1915F,  840. 

Liability  of  administrator  requesting  bank 
to  hold  deposit  against  claimant,  to  re- 
imburse bank  for  interest  which  it  is 
compelled  to  pay  on  legal  establishment 
of  the  claim.  1915E,  797. 

Right  of  municipality  to  recover  over 
against  person  primarily  liable  for  in- 
jury on  defective  bridge.  1916F,  83. 

Right  of  purchaser  of  stock  of  goods  to  re- 
cover from  seller  as  trustee  in  bank- 
ruptcy money  expended  in  defense  of 
suit  brought  against  him  by  one  claim- 
ing to  be  a  creditor.  1916F,  548. 

Right  of  sellor  to  recover  from  manu- 
facturer amount  which  he  is  compelled 
to  pay  a  purchaser  for  injury  due  to 
explosion  of  oil.  1915C,  336. 

Right  of  carrier  induced  by  shipper  to  issue 
false  bill  of  lading  to  indemnity  from 
shipper  from  resulting  liability  to  third 
person.  1916C,  429. 

Contribution  between  joint  makers  of  note 
where  one  has  paid  the  note.  1915A, 
898. 

Contribution  between  partners.    1917A,  443. 

Between  joint  defendants.     1915B,  856. 

Between  wrongdoers.     1915C,  336. 

Between  sureties.     1915D,  481;  1917F,  1065. 

Between  covenants.    1915B,  961;  1917C,  590. 

Right.of  alien  enemy  to  enforce  covenant  of 
indemnity.  1917C,  644. 


CONTRIBUTORY  NEGLIGENCE. 

In  general,  see  NEGLIGENCE. 


CONVENTIONS. 

Constitutional    convention,    see    CONSTITU- 
TIONAL CONVENTION. 


Annotation. 

Expenses  incurred  ~by  public  officials 
or  employees  in  attending  conven- 
tions, etc.,  as  a  proper  charge  on 
public  funds.  1917E,  332. 


CONVERSION. 

Equitable  conversion,  see  EQUITABLE  CON- 
VERSION. 

Action  for,  see  TROVEB  AND  CONVERSION. 
Equitable  conversion,  see  WILLS.  f 

Fraudulent  conversion  as  essential  element 
of  embezzlement.  1917B,  1261. 

Measure  of  damages  for.  1915B,  291; 
1917B,  787.  . 


CONVEYANCES. 


See  DEEDS. 


CONVICT  LABOR. 

Contracting  by  state  of  convict  l..bor  as 
violation  of  constitutional  provision 
against  slavery.  1916D,  C51. 


CONVICTS. 

Sentence  and  imprisonment  of,  iee  CEIM- 
INAL  LAW. 

Annotations. 

Crimes  which  disqualify  one  as  a  ^cit- 

ness.     1917F,  898. 
Conviction   in    another   jurisdiction    as 

affecting  competency   of  witnesses. 

1917A,  JL138. 
Punishment   of  convict   for   failure    or 

refusal  to  testify  or  other  contempt. 

1917B,  588. 

Release  of,  or  interference  rvith  cus- 
tody of,  as  contempt  of  court. 

1917D,   355. 

Contracting  by  state  of  convict  labor  as 
violation  of  constitutional  provision 
against  slavery.  1916D,  651. 

Injunction  against  circulation  of  photo- 
graphs of  pardoned  convict.  1916E, 
739. 

Mandamus  to  compel  destruction  of  photo- 
graphs of  pardoned  convict.  1916A, 
739. 

Splitting  of  cause  of  action  for  personal  in- 
jury to.  1916B,  712. 

Liability  for  costs,  effect  of  pardon.  1917B, 
567. 

Punishing  convict  for  contempt  in  refusing 
to  testify.  1917B,  586. 


110 


CONVICTS— CORPORATIONS. 


Competency  of,  as  witnesses.  1917A,  1133; 
1917F,  8y6. 

Discrediting  of  witness  by  proof  of  convic- 
tion of  crime.  1917C,  384. 

Interference  with  custody  of,  as  contempt  of 
court.  1917D,  355.* 


COOK. 

Right  of  one  employed  as  cook  during 
threshing  of  grain  to  lien  as  a  "farm 
laborej."  1917D,  377. 


CO-OWNERS. 

See  JOINT  OWNERS. 

*«» 


COPIES. 

As  evidence.    1915B,  1179. 


COPYRIGHT. 

Combination  to  restrict  sale  of  copyrighted 
book.    1915A,  1099. 


CORONERS. 

Admissibility  in  evidence  of  coroner's  certifi- 
cate of  death.  1916C,  379. 

Evidence  of  statement  of  witness  at  cor- 
oner's inquest.  1917F,  167. 

Right  of  coroner  selling  property  of  deced- 
ent to  allowance  for  funeral  expenses  in 
action  by  administrator.  1915D,  948. 


CORPORATIONS. 

In  general;  franchises. 

De  facto  corporation. 

Consolidation;  reorganization;  trans- 
fer of  franchises. 

Charters;  articles  of  incorporation. 

Rights  and  powers  generally. 

Owning  stock  of  other  companies. 

Mode  of  corporate  action;  acts  of 
agents. 

Contracts;  nltra  vires  acts. 

—  in  general. 

—  power  to  contract. 

—  effect  of  nltra  vires;  right  to  set 

up  ultra  vires  as  defense. 

—  ratification. 
Liabilities. 


Officers;  meetings. 

—  in   general;  qualification. 

—  powers. 

—  compensation. 

—  fiduciary  relation. 

—  liabilities. 

—  meetings. 
Promoters. 

Capital  stock  and  stockholders  gener- 
ally. 

Subscriptions  to  stock. 
Transfer  of  stock;  lien. 

—  in  general. 

—  lien. 

Rights  of  shareholders. 

—  in  general. 

—  actions  by. 

—  right  to  inspect  books. 

—  dividends;  earnings. 
Liability   of  shareholders. 

—  in  general. 

—  effect  of  transfer. 

—  for  unpaid  stock. 

—  proceedings  to  enforce. 
Stockholders'  meetings;  voting. 
Dissolution;  forfeiture;  insolvency. 

—  in  general. 

—  procedure;    power    of    equity    as 

to. 

—  insolvency;    right    and    prefer- 

ences of  creditors. 
Foreign  corporations. 

—  in  general. 

—  doing  business  within  state. 

—  actions  by  or  against. 

—  winding  up;  insolvency. 


In  general;  franchises. 

As  to  banks,  see  BANKS. 

Bonds  of,  see  BONDS. 

Interstate  business  of,  see  COMMEECE. 

Estoppel  as  to  corporate  existence  or  po'.v- 

ers,  see  ESTOPPEL. 
Presumption  and  burden  of  proof  as  to,  see 

EVIDENCE. 
Records    and    papers    of,    as    eviiU-ncu,    see 

EVIDENCE. 

Irrigation  corporations,  see  IRRIGATION. 
Insurance  companies,  see  INSURANCE. 
Limitation    of    actions   by   or    against,    see 

LIMITATION  OF   ACTIONS. 
Mandamus  to,  see  MA.NUAMI  >-. 
Allegations  as  to,  see  PLEALHNC. 
Taxation  of  generally,  see  TAXES. 
Exemption  of,  from  taxation,  see  TAXES. 
Place  where  taxable,  see  TAXES. 
Income  tax  on,  see  TAXES. 
Turnpike   companies,   see  TOLLS  AND  TOLL 

ROADS. 
Service     of     process    on,     see     WRIT    AND- 

PROCESS. 

Right  of  agent  to  transfer  his  powers  to  a 
corporation  organized  by  him.  1916F, 
88. 

Requiring  license  for  dealing  in  corporate  or 
quasi  corporate  securities.  1917F,  514.. 


CORPORATIONS. 


Ill 


Raising  for  first  time  on  appeal  objection 
that  corporation  had  not  paid  license 
fee.  1916A,  588. 

Injunction  against  unfair  use  of  corporate 
name.  1915B,  1074. 

Right  of  corporation  to  protection  of  con- 
stitutional guaranty  of  equal  privileges 
and  immunities.  1917D,  15. 

Statute  depriving  corporation  of  defense  of 
usury.  1917E,  1110. 

Equitable  jurisdiction  over  corporate  mat- 
ters. 1917A,  971. 

Rate  of  taxation  of  franchise.     1917A,  48. 

Taxing  incomes  of  individuals  and  corpora- 
tions at  different  rates.  1915B,  569. 

Mistake  in  description  of  corporation  as 
ground  for  relief  against  judgment. 
1916F,  724. 

Removal  by  corporation  of  its  books  and  pa- 
pers from  jurisdiction  of  court  to  av^id 
producing  them,  before  grand  jury. 
1915B,  913. 

Usury  in  transaction  by  which  majority 
stockholder  gives  a  note  for  full  amount 
of  loan  at  highest  rate  of  interest  to 
obtain  money  for  the  corporation  and 
the  corporation,  with  his  knowledge, 
gi\es  an  additional  note  for  the  lo~n. 
1917F,  916. 

Parol  evidence  to  show  true  relation  of  par- 
ties to  corporate  note.  1915E,  1047. 

Libel  of  corporation.     1916E,  667. 

De  facto  corporation. 

Estoppel  to  inquire  into  legal  existence  of. 
1916C,  189. 

What  constitutes  a  de  facto  corporation. 
1916C,  189. 

Liability  of  stockholders  in.     1916C,  189. 

Partnership  liability  of  stockholders  of  for- 
eign corporation  which  has  not  com- 
plied with  conditions  as  to  doing  busi- 
ness in  state.  1917B,  572. 

Consolidation;  reorganization;  trans- 
fer of  franchises. 

Annotation. 

tZigltt  to  transfer  or  mortgage  privilege 
to  use  streets  for  telegraph,  tele- 
phone, or  other  quasi  public  pur- 
pose. 1917D,  7O7. 

Right  to  transfer  franchise.     191 7D,  704. 

Right  of  individual  to  raise  question  of 
violation  of  provision  against  con- 
solidation of  railroads.  1915B,  547. 

Liability  after  consolidation.     1916D,  1138. 

Charters;  articles  of  incorporation. 

Municipal  charter,  see  MUNICIPAL  CORPORA- 
TIONS. 

Annotation. 

May  a  license  for  a  bank  "be  refused 
upon  general  considerations  of  pub- 
lic policy.  19171),  316. 

Revocation  of  license  of  foreign  corporation 
because  of  removal  of  action  against 
it.  1915F,  1187. 


Notice  to  bank  of  by-law  of  corporate  de- 
positor. 1915B,  715. 

By-laws ;  function  of.    1915E,  774. 

By-laws;  compliance  with  statutory  require- 
ments as  to.  1915E,  774. 

Who  are  stockholders  entitled  to  adopt  by- 
laws. 1915E,  774. 

Amendment.  1915B,  811;  1916A,  1133; 
1917A,  1223. 

Rights  and  powers  generally. 
Powers  of  club,  see  CLUBS. 

Right  of  private  individuals  to  question 
right  of  corporation  to  administer  a 
trust.  1917D,  1062. 

Statute  empowering  private  citizens  to  con- 
test authority  of  corporation  to  do  par- 
ticular act.  1917B,  310. 

Implied  powers.     1917B,  814,  1158. 

Power' to  loan  money.  1917B,  814. 

Owning  stock  of  other  companies. 

Sale  of  assets  of  corporation  for  stock  of 
another  taken  for  distribution  among 
stockholders  of  former  to  effect  its  dis- 
solution. 1917A,  1174. 

Power  of  foreign  corporation  to  hold  stock 
in  a  domestic  one.  1915D,  1128. 

Right  of  national  bank  to  hold  stock  in  an- 
other corporation.  1916A,  568. 

Mode  of  corporate  action;  acts  of 
agents. 

Mutual  understanding  of  directors  that  cor- 
porate property  shall  stand  in  names  of 
certain  of  their  number.  1915D,  1128. 

Contracts;  nltra  vires  acts. 

—  in  general. 

Effect  of  fact  that  proposal  for  contract  on 
behalf  of  corporation  is  written  upon 
stationery  containing  statement  that 
all  proposals  are  subject  to  approval  of 
the  executive  office.  1916D,  1069. 

Option  in  lease  to  purchase;  specific  per- 
formance. 1915C,  367. 

—  power  to  contract. 

Power  of  chamber  of  commerce  to  grant  sub- 
sidies. 1916B,  1006. 

Sale  of  assets  of  corporation  for  stock  of 
another.  1917A,  1174. 

Right  of  minority  to  object  to  sale  of  cor- 
porate assets  to  be  paid  for  in  stock 
of  other  corporation.  1917A,  1174. 

Right  of  corporation  chartered  to  deal  in 
goods,  wares  and  merchandise  to  un- 
dertake commercial  insurance  contracts. 
1917D,  485. 

Power  to  lend  money.     191 7B,  814. 

Contract  with  employees  to  pay  them  half 
wages  during  disability.  1917B,  115S. 

Speculative  contract  between  realty  com- 
pany and  individual  for  laying  out  of 
town  sites  at  points  where  stations  will 
be  located.  1915B,  925. 

Repurchase  of  its  own  stock.'  1916D,  1114; 
1916F,  281. 

Insuring  life  of  officer.    1915F,  979. 


112 


CORPORATIONS. 


—  effect  of  ultra  vires;  right  to  set  up 

ultra  vires  as  defense. 

.lltlllitlltillHX. 

Estoppel  against  raising  the  defense  of 
ultra  vires  in  actions  brought  by 
private  corporation.  1917B,  821. 

How  far  a  private  corporation  is  es- 
toppel from  raising  the  defense  of 
ultra  vires  in  an  action  brought 
against  it.  19 17 A,  749. 

Remedies  which  the  parties  to  an  ultra 
vires  contract  are  entitled  to  pur- 
sue apart  from  an  action  on  the 
contract  itself.  1917 A,  1O26. 

Action  on  ultra  vires  contract  on  theory  of 

implied    contract   to    place    parties    in 

statu  quo.     1917A,  1021. 
Who  may  question  validity  of  assignment 

by  corporation.    1916D,  395. 
Right  of  corporation  to  set  up  ultra  vires. 

1917A,  737,  740. 
Right  of  other  party  to  contract  to  set  up 

ultra  vires.     1917B,  814;   1917  C,  809; 

191 7D,  485. 

—  ratification. 

Time  for  ratification.     1915D,  632. 
What  acts  may  be  ratified.    1915D,  1128. 
What  constitutes  ratification.    1915D,  1128. 
Extent  of  ratification.     1915D,  1128. 

Liabilities. 

Illegal  combinations  in  restraint  of  trade, 
commerce  or  competition,  see  MONOPOLY 
AND  COMBINATIONS. 

Liability  for  torts.  1915F,  1247;  1916C, 
1208;  1916D,  101;  1916E,  771;  1917D, 
559;  1917E,  516. 

Criminal  liability.    1915B,  329;  1915D,  515. 

Officers;  meetings. 

—  in  general;  qualifications. 
As  to  officers  of  bank,  see  BANKS. 

Bonds  for  fidelity  of  officers  and  agents,  see 
BONDS. 

Testimony  by  officer  in  bankruptcy  proceed- 
ings against  corporation  as  within  pro- 
vision of  bankruptcy  act  against  use  in 
criminal  proceedings  of  testimony  given 
by  bankrupt.  1917B,  608. 

Jurisdiction  to  annul  election  of  directors. 
191«A,  542. 

Insurance  by  corporation  on  life  of  officer. 
1915F,  979. 

Imputing  officer's  or  agent's  knowledge  to 
corporation.  1915B,  1091;  1916C,  767, 
1101;  1916F,  822;  1917A,  519;  1917E, 
516;  1917F,  453. 

Imputing  to  directors  knowledge  of  financial 
condition  and  transactions  of  corpora- 
tion. 1917D,  402. 

Charging  director  with  knowledge  of  facts 
concerning  commercial  paper  which  he 
undertakes  to  sell.  1915D,  1099. 

Director  as  bona  fide  purchaser  of  note  from 
corporation.  1915D,  1099. 

Liability  of  majority  stockholder  for  act  of 
manager.  1915A,  654. 


Mandamus  to  compel  corporation  to  permit 
director  to  inspect  books.  19151).  288. 

Contract  by  director  to  declare  dividend. 
19]  7A,  1068. 

Liability  of  corporation  for  slander  by. 
1917D,  559. 

Embezzlement  by  officer.    1917B,  608. 

Notice  to  bank  of  intended  misappropriation 
of  funds  by  officer  drawing  check  on 
corporate  deposit.  1915B,  715. 

—  powers. 

Power  to  deal  in  their  own  interests,  see  in- 
fra. 

Of  bank  officers,  see  BANKS. 
Of  insurance  agents,  see  INSURANCE. 

Sufficiency  of  pleading  as  to  lack  of  au- 
thority. 1915B,  720. 

Question  for  jury  as  to.     1915B,  1179. 

Duty  of  party  dealing  with  agent  of  corpo- 
ration to  ascertain  agent's  authority. 
1917F,  958.  . 

Bank  as  agent  of  corporate  depositor  to 
pass  on  validity  of  checks  drawn  by 
officer.  1915B,  715. 

Contract  by  corporate  director  without 
knowledge  of  stock  holders  to  re- 
purchase stock  sold  manager  upon  dis- 
continuance of  his  employment.  1916D, 
1114. 

Bona  fide  purchaser  of  note  from  officer. 
1917C,  485. 

Lack  of  consideration  for  note  executed  by 
officer.  1917C,  485. 

—  compensation. 

Annotation. 

Right  of  officer  in  absence  of  special 
contract  to  compensation  for  serv- 
ices to  corporation.  1917F,  31O. 

Right  to  compensation  in  absence  of  ex- 
press contract  or  provision.  1917F, 
308. 

Accounting  for  salary  illegally  received. 
1915D,  632. 

—  fiduciary  relation. 

Dealings  between  corporations  with  same 
officers.  1916A,  779. 

Officers  as  trustees  for  stockholders.  1917E, 
784,  878;  1917F,  817. 

Duty  of  directors  who  closed  business  to  ac- 
count for  good  will.  1915D,  632. 

Requiring  corporate  agent  to  account  for 
secret  profits  made  in  transaction  be- 
yond corporate  powers.  1316A,  640. 

Fraud  of  director  in  making  false  state- 
ments as  to  corporate  affairs  to  co- 
director.  191GB,  -697. 

Moral  obligations  of  directors  to  see  that 
creditors  are  paid.  1917D,  402. 

Validity  of  contract  by  director  based  on 
consideration  personal  to  himself. 
1917A,  1068. 

Contracts  restricting  officer  in  free  exercise 
of  his  judgment  or  placing  him  under 
inducements  to  disregard  his  duties. 
1917A,  1068. 


CORPORATIONS. 


113 


Officer  dealing  individually  with  corpora- 
tion. 1917A,  1174. 

Officer  purchasing  stock  from  shareholder. 
1916B,  706;  1916E,  878;  1917E,  988; 
1917r,  81' 

—  liabilities. 

Action   by   corporate   stockholders   against, 

see  infra. 
Liability  of  officers  of  bank,  see  BANKS. 

Annotation. 

Limitation  of  actions  against  directors 
of  corporation  for  malfeasance  or 
nonfeasance.  19 17 A,  98O. 

Raising  objection  for  first  time  on  appeal  in 
action  against  directors.  1915D,  632. 

Relief  under  pleadings  in  action  against 
directors.  1915D,  632. 

Evidence  on  question  of  liability.  1915D, 
632. 

Action  for  money  had  and  received  against 
officer  of  corporation.  1916D,  1039. 

Liability  for  failure  to  file  certificate  of 
payment  of  the  capital  stock  as  re- 
quired by  statute.  1915D,  1028. 

Liability  of  directors  to  stockholders  for 
transferring  contracts  and  assets  of 
corporation  to  another.  3916E,  878. 

Requiring  directors  to  account  for  money 
paid  out  with  their  consent  while  they 
were  directors  under  resolutions  adopt- 
ed before  they  became  such.  1915D, 
632. 

Liability  to  corporation  for  losses  sustained 
by  concealment  of  misappropriation  of 
funds  of  another  corporation  by  an 
agent,  for  the  benefit  of  a  third  corpo- 
ration. 1915F,  617. 

Imputing  to  directors  knowledge  of  finan- 
cial condition  and  transactions  of  cor- 
poration. 1917D,  402. 

Liability  on  contracts. "  1916F,  1228. 

Right  of  officer  who  signs  continuing  guar- 
anty for  corporation  to  notice  of  ac- 
ceptance by  guarantee.  1917D,  402. 

On  promissory  notes.  1915A,  590;  1915E, 
1047;  19i6B,  672;  1917C,  485. 

For  excess  of  indebtedness.  1915D,  1028; 
1916C,  189. 

For  torts.     1915C,  874. 

—  meetings. 

Making  demand  for  special  meeting  through 
agent  or  attorney.  1915E,  774. 

Mandamus  to  compel  calling  of  special 
meeting  of  directors.  1915E,  774. 

Promoters. 

Liability  by  corporation  on  contracts  made 
by  promoters.  191 6E,  1165. 

Agreement  by  promoter  to  purchase  stock 
of  subscriber  as  an  option.  1916A, 
568. 

Consideration  for  agreement  by  promoter  to 
purchase  stock  of  subscriber.  191 OA, 
568. 

Liability  for  dividends  of  promoter  agreeing 
to  purchase  preferred  stock  of  sub- 
scriber. 1916A,  568. 

L.R.A.  Tri.  Index  1915-17.— 8. 


Rescission  by  corporation  of  contract  for 
purchase  of  land  because  of  secret  inter- 
est of  promoter.  1916C.  996. 

Right  of  pledgee  to  hold  collateral  security 
for  note  of  corporate  promoter  for  en- 
forcement of  contract  previously  made 
by  promoter.  1916A,  568. 

Capital  stock  and  stockholders  gen- 
erally. 

Who  are  stockholders  entitled  to  adopt  by- 
laws. 1915E,  774. 

Fixing  valuation  of  capital  stock  for  pur- 
pose of  taxation.  1915C,  380. 

Situs  of  shares  of  stock  for  purpose  of  ad- 
ministration of  decedent's  estate. 
1915D,  856. 

Special  deposit  of  stocks.     1915B,  542. 

Effect  of  death  to  abate  action  to  recover 
for  loss  caused  by  purchase  of  worth- 
less stock  induced  by  fraud.  1917D, 
832. 

Subscriptions  to   stock. 

Parol  evidence  to  vary  terms  of  subscrip- 
tion. 1915A,  390. 

Taxing  as  income  gains  derived  by  stock- 
holder from  sale  of  right  to  subscribe 
for  new  issue  of  stock.  1917F,  806. 

Cancelation  or  release.  1915D,  792;  1916B, 
1114;  1917C,  890. 

Transfer  of  stock;  lien. 

—  in  general. 

Effect  of  transfer  on  liability  of  stock- 
holder, see  infra. 

Annotations. 

Constitutionality  of  "blue  sky  laws. 
1917F,  524:. 

Succession  or  inheritance  tax  on  inter- 
est of  pledgor  or  pledgee.  1917F, 
27S. 

Liability  to  pay  transfer  or  inheritance 
tax  in  respect  of  stock  in  a  domestic 
corporation  belonging  to  estate  of 
nonresident.  1917F,  27O. 

Right  to  dividends  on  transfer  of  stock. 
1917B,  326. 

Right  to  dividend  declared  "between 
malting  of  contract  for  sale  of  stock, 
and  delivery  of  stock.  1917F,  553. 

Taxing  income  from  purchase  and  sale  of 
corporate  stock  at  different  rate  from 
income  derived  from  dividends  on  such 
stock.  1917F,  806. 

Transfer  tax  on  interest  of  nonresident  de- 
ceased pledgeor  of  stock  of  domestic 
corporation.  1917F,  273. 

Succession  tax  on  stock  of  domestic  corpo- 
ration owned  by  nonresident.  1916A, 
889,  901. 

Sufficiency  of  transfer  to  satisfy  statute  of 
frauds.  1916F,  389. 

Specific  performance  of  contract  of  sale. 
1915D,  300. 

Limitation  of  time  for  suit  for  wrongful 
transfer.  1917E,  266. 


114 


CORPORATIONS. 


Transfer  at  instance  of  executor  of  stock 
standing  in  name  of  testator  to  persons 
having  mere  defeasible  estate,  who 
transfer  it  absolutely  to  strangers. 
1917E,  266. 

Requiring  purchaser  of  stock  who  has  trans- 
ferred a  portion  thereof,  to  make  good 
the  deficiency  on  cancelation  of  the  con- 
tract of  sale.  1917E,  988. 

Purchase  of  stock  by  officer  from  stockhold- 
er. 1916A,  568;  1916B,  706;  1916E, 
878;  1917E,  988;  1917F,  817. 

Right  to  dividends  on  transfer  of  stock. 
1917B,  323;  1917F,  551. 

Agreement  of  seller  to  pay  purchaser  ac- 
cumulated dividends.  1916A,  568. 

Transfer  on  books.  1915C,  471;  1915D,  282, 
733;  1916A,  542;  1917A,  54. 

—  lien. 

Annotation. 

Lien  of  corporation  upon  stock  as  af- 
fected by  bar  of  limitations  against 
action  on  debt  of  stockholder. 
1917F,  11OO. 

Right  to  enforce  lien  for  claim  which  could 
not  be  enforced  at  law  because  barred 
by  limitations.  1917F,  1300. 

Lien  for  claim  for  damages  for  breach  of 
contract  by  another  corpora  yion  of 
which  stockholder  in  the  corporation 
asserting  the  lien  was  president  and 
which  was  instigated  by  him  for  his 
own  profit.  1917F,  1100. 

Rights  of  shareholders. 

—  in  general. 

Rights  of  transferees,  see  supra. 
Rights  of,  at  stockholders  meetings,  see  in- 
fra. 

Annotation.        • 

Right  of  stockholder  in  absence  of 
special  contract  to  compensation 
for  services  to  corporation.  1917F, 
31O. 

Taxing  as  income  gains  derived  by  stock- 
holder from  sale  of  right  to  subscribe 
for  new  issue  of  stock.  1917F,  806. 

Right  of  stockholder  to  recover  for  services 
as  assistant  secretary  on  theory  of  im- 
plied contract.  1917F,  308. 

Minority  stockholders.  1915A,  606;  1915D, 
632;  1917A,  1174. 

Fiduciary  relation.     1917A,  1174. 

—  actions  by. 

Annotations. 

May  stockholder  maintain  action  in  the 
right  of  the  corporation  to  recover 
penalty  imposed  by  the  Sherman 
Act.  1917E,  1OO6. 

Right  of  stockholder  to  sue  for  appoint- 
ment of  receiver  on  account  of 
transactions  occurring  prior  to  his 
acquisition  of  stock.  1917F,  7O4. 


Raising  objection  for  first  time  on  appeal  in 
action  by  stockholders.  1915D,  632. 

Parties  defendant  in  suit  by  stockholder. 
1915D,  1128. 

Effort  to  procure  action  by  corporation. 
1915D,  1128. 

Persons  acquiring  stock  after  acts  com- 
plained of.  1915D,  1128;  1917F,  700. 

Appointment  of  receiver  on  application  of 
minority  stockholders.  1915A,  606. 

Action  by  minority  stockholders  to  compel 
directors  to  account.  1915D,  632. 

Action  to  recover  declared  dividend.  191 7B, 
323. 

Action  to  compel  corporation  to  take  Into 
its  own  name  stock  which  it  owns  but 
is  carrying  in  the  name  of  individuals. 
1915D,  1128. 

Action  on  behalf  of  corporation  to  recover 
statutory  penalty  for  injury  caused  by 
conspiracy  to  create  monopoly.  1917E, 
1004. 

Against  other  corporation  or  its  officers. 
1915D,  632. 

—  right  to  inspect  books. 

Mandamus  to  enforce.  1915D,  288;  191 GF, 
1033. 

Right  to  inspect  books  through  agent  or  at- 
torney. 1915D,  288. 

Effect  of  motive  of  stockholder  desiring  to 
inspect  books.  1915D,  285. 

—  dividends;  earnings. 

Relative  rights  of  life  tenants  and  re- 
mainderman, see  LIFE  TENANTS. 

Annotations. 

Income  tax  on  dividends  declared  tftcr 
but  paid  from  earnings  accrnt  d 
before  act  went  into  effect.  1917 F, 

814:. 

Power  of  corporation  to  rescind  decla- 
ration of  dividend.  1917B,  736. 

Right  to  dividends  on  transfer  of  stock. 
1917B,  326. 

Right  to  dividend  declared  between 
making  of  contract  for  sale  of  stock 
and  delivery  of  stock.  1917F,  553. 

Validity  of  individual  contract  of  di- 
rector to  pay  dividends.  1917 A, 
1O77. 

Liability  of  stockholders  who  received 
dividends  paid  out  of  capital. 
1917C,  397. 

Taxing  as  income  stock  and  cash  dividends 
declared  and  paid  after  income  tax  law 
goes  into  effect  out  of  profits  earned  be- 
fore that  time.  1917F,  806. 

Taxing  income  from  purchase  and  sale  of 
corporate  stock  at  different  rate  from 
income  derived  from  dividends  on  such 
stock.  1917F,  806. 

Lien  of  corporation  on  dividends  of  stock- 
holder. 1917F,  1100. 

Question  whether  profits  constitute  an  ac- 
cretion to  capital  or  earnings  which 
may  be  distributed  as  dividends.  1915D, 
1052. 

Presumption  of  payment  of,  from  lapse  of 
time.  1916B,  734. 


CORPORATIONS. 


115 


Bar    by    limitations    of    suit    to    recover 

191 6B,  734. 

Guardian's  right  to  commission  on  divi- 
dends earned  before  minors  inherited 

the  stock.     1917C,  188. 
Rescission     of     declaration     of     dividend. 

1917B,  728. 
Action  by  stockholders  to  recover  dividend 

declared.     1917B,  323. 
Validity    of   agreement   by    director    as   to 

dividends.     1917A,  1068. 
Excuse  for  nonperformance  of  contract  by 

director   to   declare    dividend.      1917A, 

1003. 
Damages  for  breach  of  contract  by  director 

to  declare  dividend.     1917A,  1068. 
Right   to   dividends   on   transfer   of    stock. 

1917B,  323;  1917F,  551. 
Effect  of  failure  of  corporation  to  declare 

dividends  on   agreement  of  one  selling 

stock    to    pay    purchaser    accumulated 

dividends.     1916A,  568. 
What  are  "net  earnings"  which  will  permit 

payment  of  dividend.     1917A,  1068. 
Recovery  by  trustee  in  bankruptcy  of  cor- 
poration   of   dividends   paid    to    stock 

holders  out  of  capital.    1917C,  390,  393. 
Joinder  of   parties  defendant   in   action   to 

recover     dividends     paid     shareholders 

from  capital.     1917C,  393. 
Venue  of  action  to  recover  dividends  paid 

out  of  capital.     1917C,  393. 
On  preferred  stock.     1915D,  1052. 

Liability  of  shareholders. 

—  in  general. 

Of  foreign  corporations,  see  infra. 
Of  stockholder  in  bank,  see  BANKS. 

Annotation, 

Accrual  of  right  of  action  to  put  Stat- 
ute of  Limitations  into  operation 
as  to  stockholders'  liability  for  cor- 
porate debts.  lOltE,  397. 

In  de  facto  corporation.     1916C.  189. 

Estoppel  of  corporation  to  assert  1916C, 
189. 

Raising  question  as  to,  for  first  time  on  ap- 
peal. 1916F,  1067. 

Recovery  of  interest  on  statutory  double  lia- 
bility of  stockholder.  1917E,  393. 

Constitutionality  of  statute  increasing  lia- 
bility. 1915B,  811 :  1917A,  1223. 

Liability  of  trustee  or  agent.     1917E,  395. 

Liability  of  stockholder  selling  to  corpora- 
tion so  much  of  his  stock  for  retire- 
ment as  to  render  corporation  insolvent. 
1916F,  281. 

Liability  of  majority  stockholder  for  wrong- 
ful act  of  manager.  1915A,  654. 

Liability  of  estate  of  deceased  stockholder 
upon  stock  owned  by  him.  1915B,  797. 

Liability  of  heirs  of  deceased  stockholder  on 
judgment  against  company.  1915B, 
797. 

On  paid-up  stock.     1915B,  811. 

—  effect  of  transfer. 

Liability  of  transferrer.     1915B,  168. 


—  for  unpaid  stock. 

Defense  that  corporation  was  not  at  the 
time  of  the  trial,  actually  engaged  in 
the  business  for  which  it  was  organized. 
1915A,  390. 

Defense  that  corporation  began  business  be- 
fore amount'  of  capital  required  >  by 
statute  had  been  paid  in.  1915A,  472. 

Defense  that  stock  certificates  for  whicii 
note  for  stock  was  given  had  not  been 
tendered  or  delivered.  1915A,  464. 

Fraudulent  agreement  between  promoter 
and  subscriber  to  corporate  stock  as  de- 
fense to  .  liability  on  subscription. 
1915A,  390. 

Agreement  by  subscribers  between  them- 
selves that  they  should  be  held  for  only 
a  portion  of  their  subscriptions. 
1915A,  472. 

Effect  of  subsequent  bankruptcy  of  corpo- 
ration on  note  given  for  stock.  1915A, 
464. 

—  proceedings  to  enforce. 

Conditions  precedent.     1915B,  797. 

Limitation  of  time  to  enforce.     1917E,  393. 

Changing  method  of  enforcing,  as  impair- 
ment of  contract  obligations.  1915B, 
797. 

Venue  of  action  to  enforce.    193  6D,  1129. 

By  receiver.     1915B,  797;  1916D,  1129. 

Stockholders'  meetings;  voting. 

Trust  or  pooling  agreement.     1917A,  1174. 
Determination    of    whether    necessary    two 

thirds  of  stock  has  assented  to  proposed 

change.     1915B,  811. 

Dissolution;  forfeiture;  insolvency. 

—  in  general. 

Of  insurance  company,  see  INSUBANCE. 

Accounting  by  directors  \vho  closed  busi- 
ness 1915D,  632. 

Relative  rights  of  life  tenants  and  re- 
mainderman to  distributive  share  of 
assets  received  on  dissolution  of  corpo- 
ration. 1916A,  718. 

Liability  of  municipality  for  costs  and  at- 
torney's fees  in  suit  by  state  to  forfeit 
charter  of  private  corporation.  1915D, 
927. 

Effect  of  bankruptcy  to  work  dissolution  of 
corporation.  1916C,  189. 

Appointment  of  receiver  for  solvent  corpo- 
.  ration.  1917E,  784. 

Sale  of  assets  of  corporation  for  stock  of 
another  taken  for  distribution  among 
stockholders  of  former  to  effect  its  dis- 
solution. 1917A,  ]174. 

Effort  of  majority  to  discontinue  business 
for  purpose  of  turning  it  over  to  an- 
other corporation  and  excluding  minor- 
ity from  participation  therein.  1915D, 
632. 

Right  of  majority  stockholders  to  dissolve 
corporation  against  protest  of  minor- 
ity. 1917A,  1174. 

Action  by  minority  stockholders  to  compel 
directors  to  account  frr  money  paid 
officer  for  winding  up  the  business. 
1915D,  632. 


116 


CORPORATIONS. 


Right  of  minority  to  insist  on  auction  sale 
of  assets.  1917A,  1174. 

Pooling  stock  to  effect  dissolution.  1917A, 
1174. 

Agreement  to  forbear  to  bring  action  for 
dissolution  as  consideration  for  agree- 
ment by  director  to  declare  dividend. 
'  1917A,  1068. 


—  procedure;  power  of  equity  as  to. 

Power  of  equity  a's  to.     1915A,  606. 

—  insolvency;  right  and  preferences  of 

creditors. 

Insolvency  of  foreign  corporation,  see  infra. 
Insolvency  of  bank,  see  BANKS. 
Appointment  of  receiver  for  insolvent  cor- 
porations, generally,  see  RECEIVERS. 

Annotation. 

Appointment  of  receiver  for  dissolved 
corporation,  1917D,  1O35. 

Effect  of  appointment  of  receiver  to  revive 
right  of  action.  1916F,  709. 

Effect  of  subsequent  bankruptcy  of  corpora- 
*  tion  on  note  given  for  stock.  1915A, 
464. 

Liability  of  stockholder  selling  to  corpora- 
tion so  much  of  his  stock  for  retirement 
as  to  render  corporation  insolvent. 
1916F,  281. 

Recovery  by  trustee  in  bankruptcy  of  cor- 
poration of  dividends  paid  to  stock- 
holders out  of  capital.  1917C,  390,  393. 

Effect  of  appointment  of  receiver  for  insol- 
vent corporation  to  stop  running  of  in- 
terest on  company's  mortgage  bonds  in 
favor  of  unsecured  creditors.  1917D, 
1152. 


Foreign  corporations. 

—  in  general. 

Foreign  insurance  company,  see  INSURANCE. 
Service    of    process    upon,    see    WRIT    AND 
PROCESS. 


Annotations.  „ 

Partnership  liability  of  stocTtliolders  of 
a  foreign  corporation  in  a  state  in 
u-Jticti  it  is  doing  business.  1917B, 
574. 

Lease  of  its  property  as  .affecting  lia- 
bility of  foreign  corporation  to 
franchise  tax.  1917D,  1073. 

Status  of  foreign  corporation  as  affect- 
ed by  the  fact  that  its  entire  busi- 
ness is  done  outside  the  state  of  its 
creation.  1917E,  893. 


Taxation  of.    1916C,  572;  1917D,  1070. 
Attachment  against,  as  nonresident.    1915D, 

115. 
Power  of  foreign  corporation  to  hold  stock 

in  a  domestic  one.     10] 5D,  1128. 
Liability  of  members.     1917B,  572. 


—  doing  business  within  state. 

Annotations. 

Lease  of  its  property  as  affecting  lia- 
bility to  tax  on  privilege  of  doing 
business  within  the  state.  1917D, 
1073. 

Effect  of  agreement  by  foreign  corpora- 
tion to  install  article  within  the 
state  to  bring  it  ivithin  statute 
regulating  foreign  corporations. 
1917C,  1O14. 

Purchase  of  supplies  by  foreign  mining 
or  manufacturing  corporation  as 
doing  business  within  state. 
1917E,  1157. 

Effect  of  state  license  to  continue  plant  to 
prevent  it  from  being  abated  as  a  nui- 
sance. 1915A,  615. 

Prohibiting  doing  of  business  in  state  as 
interference  with  interstate  commerce. 
1915A,  892. 

Judgment  prohibiting  business  within 
state  because  of  violation  of  statutes  as 
violation  of  Fourteenth  Amendment. 
19 ISA,  892. 

Prohibiting  continuance  of  business,  as  im- 
pairment of  contract  rights.  1915A,  892. 

What  is.  1916C,  572;  1916E,  241;  1916F, 
329;  1917A,  282;  1917C,  1012;  1917E, 
1152. 

Right  to  do  business;  conditions  as  to. 
1915A,  892;  1915E,  708;  1915F,  1187; 
1916A,  640;  1916F,  122. 

Validity  of  contracts  of  unauthorized  com- 
pany. 1915B,  665;  1917C,  1012. 

Revocation  of  license.  1915F,  1187;  1916F, 
122. 

—  actions  by  or  against. 
Jurisdiction  of  action,  see  COURTS. 
Service  of  process  on,  see  WRIT  AND  PRO- 
CESS. 

Right  of  foreign  corporation  to  invoke  stat- 
ute of  limitations.  1915C,  544. 

Garnishment  of  foreign  corporation.  1915F, 
880. 

Striking  part  of  answer  in  suit  by.  1915F, 
1187. 

Revocation  of  license  of  foreign  corporation 
because  of  removal  of  action  against  it. 
1915F,  1187;  1916F,  122. 

Special  appearance  by  foreign  corporation. 
1915D,  838. 

Right  of  foreign  corporation  to  sue.  1915B, 
665;  191 6F,  329;  1917E,  892. 

Right  of  agent  of  foreign  corporation  to  de- 
feat action  to  compel  him  to  account 
for  secret  profits,  on  theory  that  corpo- 
ration may  not  maintain  action  in  state 
courts.  3916A,  640. 

"Relief  from  default  judgment  against  corpo- 
ration. 1917E,  1152. 

—  winding  up;  insolvency. 

Annotations. 

Power  to  appoint  receiver  for  foreign 
corporation  for  which  no  domi- 
ciliary receiver  has  been  appointed. 
1917D,  295. 


CORPORATIONS— COTEX  AX  CY. 


117 


Appointment  of  receiver  for  dissolved 
foreign  corporation.  1917D,  1O35. 

Appointment  of  receiver  to  wind  up  busi- 
ness. 1917D,  291. 

Jurisdiction  to  appoint  receiver  for  assets 
of  foreign  corporation  which  has  been 
dissolved.  1917D,  1032. 


CORPSE. 

Carrier's  duty  toward,  see  CARRIERS. 
Burial  of,  see  CEMETERIES. 

Who  may  maintain  action  for  mutilation  of 
cor  ise  of  child.     1915B,  519. 


CORPUS  DELICTI. 

Annotation. 

Proof  of  corpus  delicti  in  embezzlement. 
19 17 A,    1289. 

Question  for  jury  as  to  proof  of.     1917 A, 

1287. 
Sufficiency  of  proof  of.     1916B,  745,  844; 

1917A,  1287. 
In  larceny.     1916B,  844. 
In  rape.    1916B,  745. 
In  arson.     1916D,  1295. 


CORROBORATION. 

Of  witness,  generally,  see  WITNESSES. 

Of  accomplice.     1915D,  682;    1915E,  1222; 
1916F,  1251. 


CORRUPT  PRACTICES  ACT. 

See  ELECTIONS. 

<• » o 

COSTS  AND  FEES. 

In  general. 

Right  to  recover;  liability  for. 

Amount;  security  for. 


In  general. 

On  appeal,  see  APPEAL  AND  ERROR. 

Fees  of  district  attorney,  see  DISTRICT  AND 
PROSECUTING  ATTORNEYS. 

In  divorce  suit,  see  DIVORCE  AND  SEPARA- 
TION. 

Amendment  of  statute  as  to,  by  reference 
to  title  of  prior  act.  1917B,  176. 

Effect  of  failure  to  tax  fees  of  prosecuting 
attorney  as  costs  against  accused. 
1917B, 'l~6. 


Right  of  purchaser  of  stock  of  goods  to  re- 
cover from  seller  or  his  trustee  in  bank- 
ruptcy money  expended  in  defense  of 
suit  brought  against  him  by  one  claim- 
ing to  be  a  creditor.  191 6F,  548. 

Right  to  recover;  liability  for. 

Annotation. 

Effect  of  insertion  of  unauthorized  pro- 
.  visions  in  cost  bond.     1917B,  1OOS. 

Recovery  for,  against  one  insuring  employer 
against  liability  for  injuries  to  em- 
ployees. 1915A,  629;  1916E,  597. 

Appellate  review  of  discretionary  order  as 
to  security  for.  1917D,  365. 

Effect  of  pardon  to  release  convict  from 
liability  for  costs.  1917B,  567. 

Liability  of  municipality  for,  in  suit  insti- 
tuted by  state.  1915D,  927. 

Right  of  party  entitled  to  full  recovery,  to 
judgment  for  costs.  1916C,  429. 

In  action  to  quiet  title.     1916B,  1209. 

Amount;  security  for. 

Of  evidence.     1915B,  1052. 

Attorneys'  fees  as  element  of.     1915B,  134; 

1016A,  519,  784;  1916B,  1252. 
Necessity  of  giving  bond  for  costs.     1916F, 

1033. 


COTENANCY. 

In  general. 

Creation  and  existence 

Rights  and  remedies  as  to  each  other. 

Transfers  of  interests. 


In  general. 

Tenancy  by  entirety,  see  HUSBAND  AND 
WIFE. 

Succession  tax  on  property  held  in  joint 
tenancy.  1916C,  679;  '1917E,  1143. 

Creation  and  existence. 

Annotation. 

Effect  of  deposit  of  funds  "belonging  to 
the  depositor  in  a  6an7c  account  in 
the  name  of  himself  and  another 
to  create  joint  tenancy.  1917C, 
671. 

Effect  of  will  to  create  joint  estate  in  fee. 
1917B,  45. 

Effect  of  conveyance  of  remainder  to  a 
woman  and  her  children  to  create  a  life 
estate  in  common.  1917B,  74. 

Joint  tenancy  in  proceeds  of  insurance  pol- 
icy. 1917B,  1210. 

Joint  tenancy  in  bank  account.    1916C,  679. 


118 


COTENANCY— COUNTIES. 


Rights  and  remedies  as  to  each  other. 

Right  of  one  cotenant  who  pays  mortgage 
to  personal  judgment  against  other  co- 
tenant  who  has  sold  his  land  in  ignor- 
ance of  discharge  of  the  mortgage  and 
has  received  no  benefit  therefrom. 
1917C,  590. 

Estoppel  of  cotenant  to  deny  authority  of 
other  cotenant  to  obligate  him  to  pay 
mortgage.  1916D,  149. 

Payment  of  taxes.    1915B,  961. 

Contribution.     1915B,  961;  1917C,  590. 

Transfers  of  interests. 

Annotation. 

Provision  in  insurance  policy  against 
alienation  or  a  change  in  interest, 
title,  or  possession  as  applying  to 
interest  of  cotenant.  1917 A,  32. 

Provision  in  insurance  policy  against  change 
in  title  or  interest  as  affected  by  sale 
of  interest  of  one  cotenant.  1917A,  29. 


COUNCIL. 

Legislative    functions    of,    see    MUNICIPAL 
CORPORATIONS. 


COUNSEL. 


See  ATTORNEYS. 


COUNTERCLAIM. 

See  SET-OFF  AND  COUNTERCLAIM. 


COUNTERFEITING. 

Of  label  and  trademarks,  see  TRADEMARKS. 


COUNTIES. 

in  general. 

Rights  and  liabilities  generally. 
Warrants;  indebtedness. 
Power  to  tax;  county  purposes. 
Contracts;  power  of  officers. 


In  general. 

Mandamus  to  officers,  see  MANDAMUS. 
Liability  of  officer,  see  OFFICERS. 

Paying  expense  of  drainage  ditch  assessed 
against  county  by  special  assessments 
against ,  property  owners  as  a  taking. 
1915D,  249. 

Right  of  women  to  vote  for  county  officers. 
1915B,  247. 


Conversion  by  bank  lending  draft  to  county 
treasurer  to  cover  shortage  in  receiving 
it  back  for  cancelation.  1916C,  544. 

Effect  on  suit  to  compel  county  officer  to 
perform  statutory  duties,  of  repeal, 
pending  suit  of  statute  imposing  duties. 
1915A,  639. 

Collection  of  tax  to  compensate  county  em- 
ployee for  injuries  received  in  course 
of  employment.  1916D,  628. 

Rights  and  liabilities  generally. 

Annotations. 

Power  to  employ  attorney.  1917D, 
241. 

Riglit  of  county  entitled  to  services  of 
official  attorney  to  employ  other 
attorney  in  civil  -matters.  1917D, 
251. 

Power  to  employ  attorney  on  contin- 
gent fee.  1917D,  263. 

Statute  requiring  county  to  pay  a  claim 
against  it  as  an  invasion  of  powers 
of  judiciary.  1917E,  827. 

Special  legislation  as  to  county  affairs. 
1917E,  456. 

Sufficiency  of  title  of  Workmen's  Compensa- 
tion .Act  to  permit  counties  to  be  in- 
cluded in  operation  thereof.  1916D, 
628. 

Right  of  legislature  to  divert  proceeds  of 
county  bonds  issued  for  particular  pur- 
pose. 1915D,  274. 

Running  of  limitations  against.     191 6E,  02. 

Garnishment  of.     1916E,  1153;  1917B,  1269. 

Determining  right  of  county  to  return  of 
money  paid  state's  attorney  as  salary 
in  interpleader  by  county  clerk  to  de- 
termine right  to  money  in  his  hands 
claimed  by  state's  attorney  as  fees. 
1917B,  176. 

Recovery  against,  for  materials  furnished 
contractor  for  construction  of  court- 
house. 1917B,  1269. 

Validity  of  employment  by  county  commis- 
sioners of  attorney  on  contingent  fee. 
1917D,  258. 

Liabilitv  for  cost  of  constructing  and  main- 
taining bridge.  1915D,  249;  1910F, 
508. 

Personal  liability  of  county  commissioners 
for  defective  condition  of  bridge. 
1917B,  869. 

Duty  to  maintain  barrier  along  rural  high- 
'way.  1915F,  973. 

Liability  for  injuries  caused  by  negligence 
of  employee.  1916B,  1261. 

Warrants;   indebtedness. 

Annotations. 

Creation  of  indebtedness  within  the 
meaning  of  debt  limit  provisions. 
1917E,  437. 

Rule  for  determining  Jhe  indebtedness 
within  the  meaning  of  debt  limit 
provisions  where  boundaries  of  dif- 
ferent political  tinits  are  wholJy  or 
partly  coincident.  1917E,  468. 


COUNTIES— COURTS. 


119 


Limitation    of    indebtedness. 
1917E,  456. 


1916F,    892; 


Power  to  tax;  county  purposes. 

Purposes  for  which  public  funds  may  be 
used,  see  PUBLIC  MONEYS. 

Contracts;  power  of  officers. 

Delegation  of  power  to  county  boards. 
1915B,  151. 

Appeal  from  decision  of  board  of  county 
commissioners  as  to  tax.  1915C,  386. 

Authority  of  commissioners  to  consent  to 
discontinuance  of  interurban  railroad. 
1915B,  547. 

Validity  of  contract  as  to  location  of  court- 
house. 1916F,  873. 

Revocation  by  state  of  contract  with  indi- 
vidual for  assistance  in  discovering 
property  not  listed  for  taxation. 
1915A,  639. 

Statute  requiring  estimate  of  cost  by  county 
surveyor  before  letting  of  contract. 
1915A,  198. 

Letting  contract  to  lowest  bidder.  1915A, 
198. 


COUNTS. 

Election  between,  see  TRIAL. 


COUNTY  ATTORNEY. 

See  DISTBICT  AND  PROSECUTING  ATTORNEYS. 


COUNTY  CLERK. 

Garnishment  of  salary  of.     1917F,  1117. 


COUNTY  SURVEYOR. 

Statute  requiring  estimate  of  cost  by  coun- 
ty surveyor  before  letting  of  contract. 
1915A,  198. 


COUNTY  TREASURER. 

Bond  of,  see  BONDS. 

Conversion  by  bank  lending  draft  to  county 
treasurer  to  cover  shortage  in  receiving 
it  back  for  cancelation.  1916C,  544. 


COUPLERS. 

Negligence  of  master  as  to.     1916D,  1042; 

1917E,  1. 
Contributory  negligence  of  employee  as  to. 

1915F,  3. 


COUPONS. 

License  tax  on  use  of  coupons  redeemable  in 
premiums.    1917A,  421. 


COURTHOUSE. 

Right  of  one  furnishing  materials  to  con- 
tractor for  construction  of,  to  recover 
therefor  from  county.  1917B,  1269. 

Validity  of  contract  as  to  location  of. 
1916F,  873. 


COURTS. 

In  general. 

Jurisdiction  generally;  inherent  pow- 
ers. 

Jurisdiction  over  nonresidents;  terri- 
torial limitations. 

—  in  general. 

—  foreign  corporations. 
Relation  to  other  departments  of  gov- 
ernment. 

—  in  general;  political  questions. 

—  legislative      department;      stat- 

utes. 

—  mnnicipa1  matters. 
Jurisdiction    over    associations,    etc.; 

conclnsiveneso      of      decisions      of 

their  tribunal*. 
Legislative  power  as  to. 
State  and  territorial  courts. 

—  jurisdiction. 

—  terms;  place  of  sitting. 

—  transfer  of  cause. 
Federal  courts. 

—  jurisdiction. 

—  districts. 

Conflict  of  authority;  relation  of  state 
to  Federal. 

—  exclusiveness      of      jurisdiction 

first  acquired. 

—  interference  with  other  courts; 

injunctions. 

—  property  in  custody  of  court  or 

officers. 

—  when  state  or  Federal  jurisdic- 

tion      exclusive;      limitations 
upon. 
Rules  of  decision. 

—  in  general. 

—  stare  decisis;  previous  decisions 

of  same  court. 

—  state    courts   following   Federal 

decisions. 

—  Federal    courts    following    state 

decisions. 


In  general. 

Clerks  of,  see  CLERKS. 

Contempt  of,  see  CONTEMPT. 

Aiding  in  enforcement  of  illegal  contract, 
see  CONTRACTS. 

Delegation  of  power  to,  see  CONSTITUTION- 
AL LAW. 


120 


COURTS. 


As  to  courts  martial,  see  COURTS  MARTIAL. 

As  to  justices  of  the  peace,  see  JUSTICE  OF 
THE  PEACE. 

Juvenile  courts,  see  JUVENILE  OFFENDERS. 

Mandamus  to,  see  MANDAMUS. 

Prohibition  to  restrain,  see  PROHIBITION. 

Power  in  quo  warranto,  see  Quo  WABBANTO. 

As  to  removal  of  causes,  see  REMOVAL  OF 
CAUSES. 

Judicial  proceedings  on  Sunday,  see  SUN- 
DAT. 

Process  of,  see  WRIT  AND  PROCESS. 

Judicial  proceedings  as  privileged  communi- 
cations. 1915C,  986;  1915D,  578; 
1915E,  1051;  1916E,  779. 

Parol  evidence  as  to  records  of.    1916D,  820. 

Discretion  as  to  penalty  to  be  imposed  upon 
foreign  corporation  for  violating  con- 
ditions of  right  to  do  business  in  state. 
3915A,  892. 

Two-thirds  vote  for  enactment  of  statute 
amending  municipal  court  act.  1916B, 
931. 

Jurisdiction  generally;  inherent  pow- 
ers. 

Jurisdiction  on  appeal,  see  APPEAL  AND 
ERROR. 

Waiver  of  objection  to  jurisdiction  by  ap- 
pearance, see  APPEARANCE. 

Annotations. 

Poicer  of  courts  to  act  as  determined 
T)y  the  place  of  performance. 
1917E,  361. 

Power  of  court  to  require  owner  of 
premises  or  property  to  permit  in- 
spection in  negligence  cases. 
1917E,  838. 

Collateral  attack  on  judgment  for  lack  of 
jurisdiction.  1915C,  581;  1916D,  4,  7; 
1916E,  312;  1917B,  395;  1917C,  171. 

Necessity  of  first  submitting  question  to 
Interstate  Commerce  Commission. 
1916D,  253. 

Limitations  on  exercise  of  jurisdiction  of 
court  having  general  equity  of  juris- 
diction. 1915E,  421. 

Jurisdiction  to  allow  funeral  expenses  to 
coroner  in  action  against  him  to  re- 
cover property  of  decedent.  1915D, 
948. 

Power  of  court  in  proceeding  to  oust  officer 
to  determine  as  to  the  right  to  elect  his 
successor.  1016D,  1090. 

Refusal  of  courts  of  one  country  to  sit  in 
judgment  on  acts  of  government  of  an- 
other. 1917A,  276. 

Power  of  parties  to  affect  jurisdiction. 
1915E,  421;  1916B,  799;  1917E,  359. 

Rer.l  controversy;  moot  question.  1915B, 
856;  1915D,  1149. 

Inherent  power  to  disbar  attorney.  1915D, 
1218. 

Inherent  power  to  order  destruction  of 
property  as  a  nuisance.  1917F,  1076. 

Inherent  power  to  suspend  sentence  or  exe- 
cution thereof.  1915C,  1169;  1916A, 
1285. 


Jurisdiction  over  nonresidents;  terri- 
torial limitations. 

—  in  general. 

As  to  Federal  districts,  see  infra. 

Right  of  courts  of  one  state  to  enforce  laws 
of,  or  causes  of  action  arising  in,  an- 
other state,  see  CONFLICT  OF  LAWS. 

As  to  venue  of  action,  see  VENUE. 

Annotation. 

View  outsit." 2  the  territorial  jurisdic- 
tion. 1917F,  984:. 

Permitting  view  of  locus  in  quo  in  another 
state.  1917F,  974. 

Jurisdiction  to  reform  instrument  as 
against  nonresident  served  by  publica- 
tion. 1917B,  385. 

Action  for  damages  against  municipality  of 
other  state.  1915F,  1025. 

—  foreign  corporations. 

Action  against  corporation  generally. 
1916E,  232. 

Power  of  courts  of  one  state  to  annul  elec- 
tion of  directors  by  stockholders  of 
corporation  of  another  state.  1916A, 
542. 

Jurisdiction  to  compel  transfer  of  stock  on 
books  of  corporation  of  other  state. 
1916A,  542. 

Relation  to  other  departments  of  gov- 
ernment. 

—  in  general;  political  questions. 

Separation  of  departments  of  government 
generally,  see  CONSTITUTIONAL  LAW. 

Review  of  decisions  of  Workmen's  Compen- 
sation Commission,  see  WORKMEN'S 
COMPENSATION. 

Annotations. 

Conclusiveness  on  the  courts  of  recog- 
nition, bi/  the  President  of  General 
Carranza.  1917 A,  28O. 

Power  of  state  court  to  review  rules  of 
Interstate  Commerce  Commission. 
1917E,  919. 

Executive  department.     1915A,   175,    1141 ; 

1915B,  988;  1916F,  141;  1917A,  276. 
Political  questions.     1917A,  276. 
Public     Service    Commission.      1915D,    98; 

1915E,  902. 

Land  department.     1916A,  1116. 
Review  of  rulings  of  Interstate  Commerce 

Commission.     1917E,  916. 

—  legislative  department;  statutes. 

Delegation  of  judicial  power  by  legislature, 

see  CONSTITUTIONAL  LAW." 
Encroachment  on  judicial  power,  see  CON- 

STl-UTIONAL  LAW. 

General  rule  as  to.    1915F,  898;  1916D,  913. 

Review  of  findings  by  engineer  under  au- 
thority of  legislature.  1916F,  1181. 

Power  of  legislature  to  authorize  appeal  to 
courts  from  county  board  of  equaliza- 
tion. 191 5B,  875. 


COURTS. 


121 


Introducing  exceptions  into  statute  by  ju- 
dicial legislation.  1917C,  135. 

Inquiry  into  wisdom  of  legislation.  1915A, 
129;  1917A,  1244;  1917D,  365;  1917E, 
842. 

Inquiry  into  motive  or  purpose  of  legis- 
lature. 1917E,  1176. 

Statute  imposing  inspection  fees.  1917D, 
746. 

Statute  prescribing  rates.     1916B,  764. 

—  municipal   matters. 

Review  of  ordinance  as  to  business  in  resi- 
dential section.     191 6B,  1248. 
As  to  licenses.     1916C,  224;  1916D,  246. 

Jurisdiction  over  associations,  etc.; 
coiiclusiveness  of  decisions  of 
their  tribunals. 

Conclusiveness  on  courts  of  provisions  in 
beneficiary  certificates  and  constitution 
of  the  order.  1917E,  995. 

Burden  of  proving  that  laws  of  religious 
denomination  oust  the  courts  of  juris- 
diction. 1917D,  994. 

Right  to  enforce  religious  rights  in  civil 
courts.  1916D,  371. 

Expulsion  of  member.     1917C,  1053. 

Legislative  power  as  to. 

Permitting  commission  to  fix  amount  of 
award  under  Workmen's  Compensation 
Act  as  devesting  courts  of  their  juris- 
diction. 1917D,  15. 

State  and  territorial  courts. 

—  jurisdiction. 

Jurisdiction  on  appeal,  s?e  APPEAL  AND  EB- 
BOB. 

Original  jurisdiction  of  appellate  court. 
1915B,  95,  569;  1915C, 287;  1917B,  710. 

Jurisdiction  of  court  to  review  acts  of 
Workmen's  Compensation  Commission 
as  original  and  not  appellate.  1916A, 
329. 

As  dependent  on  amount.     191 7B,  723,  924. 

Suits  affecting  decedent's  estates.  1915A, 
1179;  1916A,  1181;  1917E,  544. 

Suit  to  determine  rights  in  decedent's  prop- 
erty located  in  several  states.  1917C, 
171. 

Imposing  upon  county  court  duty  of  carry- 
ing out  provisions  of  Mothers'  Pension 
Act.  1917C,  897. 

Jurisdiction  to  authorize  guardian  to  exe- 
cute lease  of  infant's  land.  191 6F,  493. 

Jurisdiction  of  crime  committed  by  Indian. 
1915F,  587. 

Action  against  carrier  for  unlawful  dis- 
crimination in  rates.  1917F,  414. 

—  terms;   place   of  sitting. 

Annotation. 

Poiccr  of  courts  to  act  as  determined  "by 

the  place  of  performance.     1917E, 

361. 

Filing  of  designations  of  additional  terms 
of  court.  1915B,  103. 


Publication  of  notice  of  designation  of  term 
of  court  at  which  trial  was  had. 
1915B,  103. 

—  transfer  of  cause. 

Statute  validating  all  proceedings  had  or 
decrees  rendered  by  district  courts  in 
causes  transferred  to  them  pursuant  to 
statute.  1917D,  666. 

Irregularity  in  transferring  cause  from 
territorial  to  Federal  district  court. 
1915C,  834. 

Effect  of  admission  of  state.    1915C,  834. 

Federal  courts. 

—  jurisdiction. 

Federal    question    as    conferring    appellate 

jurisdiction.     1915C,  1. 
Jurisdiction    of    suit    to    restrain    unfair 

competition.     1915B,  889. 

—  districts. 

District  for  prosecution  under  Federal 
White  Slave  Act.  1915A,  864. 

Convict  of  authority;  relation  of  state 
to  Federal. 

—  exclnsiveness    of    jurisdiction    first 

acquired. 

Rule  of  comity  as  to.     lf>17F,  1013. 
As     between     state     and     Federal     courts. 
1915A,  549;  1915E,  1132;  1916E,  595. 

—  interference   with  other  courts;  in- 

junctions. 

Annotation. 

Garnishment  of  judgment  in  another 
court  of  the  state  in  which  it  was 
rendered.  1917D,  1139. 

As  between  state  and  Federal  courts.  1917A, 
421. 

Garnishment  of  judgment  debtor  under 
judgment  of  the  supreme  court  of  the 
state  in  an  action  in  the  district  court 
by  third  person  against  judgment  cred- 
itors. 1917D,  1137. 

—  property     in     custody     of     court     or 

officers. 

Asserts  of  insolvent  corporation  in  custody 
of  receiver.  1915F,  1219. 

—  when    sta '  3  or  Federal  jurisdiction 

exclusive;  limitations  upon. 

Annotation. 

Jurisdiction  and  determination  of  suits 
for  adjustment  of  rights  between 
part  owners  of  ship.  191? A,  11O8. 

Matter  as  to  patents.     1917B,  1179. 
Admiralty  and  maritime  cases.    191 6A,  436; 
1916D,  935;    1917A.  1100;   1917F,  671. 
Bankruptcy  cases.     191 6E,  303. 


122 


COURTS— COVENANTS  AND  CONDITIONS. 


Rules  of  decision. 

—  in  general. 

Application  of  technical  rules  of  construc- 
tion. 1915E,  421. 

Question  whether  interpretation  of  common 
law  in  Federal  court  or  interpretation 
in  state  court  shall  control.  1917E, 
741. 

—  stare  decisis;  previous  decisions   of 

same  conrt. 

Effect  on  right  to  declare  statute  unconsti- 
tutional of  decision,  in  other  case  up- 
holding statute.  1917C,  135. 

Following  rulings  of  another  judge  on  de- 
murrer filed  in  the  case.  1916F,  1228. 

Erroneous  decisions.    1915B,  247. 

—  state  courts  following  Federal  deci- 

sions. 

In  construing  statj  statute.    1917B,  787. 

—  Federal  courts  following  state  deci- 

sions. 

In  determining  validity  of  election  on  ques- 
tion of  issue  of  municipal  bonds.  1917B, 
1019. 

Validity  of  covenant  by  one  selling  inter- 
state business  not  to  re-engage  therein. 
1916C,  620. 


COURTS-MARTIAL. 

Annotation. 

Right  of  minor  unlawfully  enlisted  in 
the  army  or  navy  to  discharge  up- 
on habeas  corpus  from  custody  of 
court-martial  under  charge  of  de- 
sertion or  fraudulent  enlistment. 
1917D,  1059. 

Power  to  authorize  creation  of.  1915E, 
235. 

Inquiry  into  jurisdiction  of,  on  habeas 
corpus.  1915E,  235. 

Habeas  corpus  to  release  one  sentenced  to 
imprisonment  by.  1915B,  988. 

Habeas  corpus  to  secure  release  of  minor 
who  enlisted  contrary  to  statute  while 
charges  are  pending  against  him  before 
a  court-martial  for  fraudulent  enlist- 
ment. 1917D,  1056. 


COUSINS. 

Cousins   as    a    "family"   within   homestead 
law.     1917C,  356. 


COVENANTS  AND  CONDITIONS. 

In  general. 
Warranty. 

Restricting     use      or     disposition     of 
property. 


Performance,     breach;     enforcement; 
who  liable. 

—  in  general. 

—  what  constitutes  breach;  effect. 

—  who  may  enforce. 

—  who  liable  or  bound. 
Running  with  the  land. 


In  general. 

Parol  evidence  of  condition,  see  EVIDENCE. 
In  lease,  see  LANDLORD  AND  TENANT. 
In  oil  and  gas  lease,  see  MINES. 
Condition  in  will,  see  WILLS. 

Annotations. 

Effect  of  lines  or  other  indications  on 
agent  to  bind  his  principal  by  cove- 
nants in  the  sale  of  real  property. 
1917F,  954. 

Effect  of  lines  or  other  indications  on 
recorded  plat,  to  create  an  implied 
covenant.  1917 A,  458. 

Authority  of  agent  selling  land  to  enter  into 
covenant.  1917F,  949. 

Intent  of  parties  as  determining  whether 
covenants  are  dependent  or  independ- 
ent. 1917F,  744. 

Covenant  or  condition.     1915C,  234. 

Condition  subsequent  or  a  conditional  limi- 
tation. 191 6F,  303. 

Condition  precedent  or  subsequent.  1916D, 
924;  1917F,  744. 

Condition  for  reverter  in  case  of  marriage. 
1916B,  1077. 

Construction  of  covenant  in  deed  to  railroad 
as  to  "road  crossing."  1916F,  1294. 

Implied  covenant.  1915B,  561;  1916 A,  961; 
1916F,  1294;  1917A,  455. 

Construing  contract  as  creating  implied 
condition  rather  than  implied  cove- 
nant. 1917A,  171. 

Nature  of  estate  conveyed  by  deed  in  which 
a  condition  subsequent  is  raised. 
1917C,  879. 

Warranty. 

Annotation. 

Implied  or  ostensible  authority  of  agent 
to  bind  7iis  principal  by  covenant 
of  general  warranty  in  the  sale  of 
real  property.  1917F,  954. 

Parol    evidence    as    to    intention.      1916E, 

211,  217. 
Implied  covenant  of  title.     1916A,  961. 

Restricting  use  or  disposition  of 
property. 

Suspension  of  .power  of  alienation  in  viola- 
tion of  rule  against  perpetuities,  see 
PERPETUITIES  . 

Annotation. 

Validity  of  limitation  upon  power  of 
alienation  imposed  upon  grant  of 
equitable  estate  to  married  woman. 
1917A,  679. 


COVENANTS  AND  CONDITIONS— CREDIT. 


123 


Refusal  of  specific  performance  of  contract 
to  purchase  property  because  owners  of 
neighboring  property  may  enjoin  erec- 
tion of  building  as  breach  of  restrictive 
covenant.  1915F,  651. 

Condition  against  conducting  livery  stable 
on  premises.  1915A,  679. 

As  to  buildings.  1915D,  543;  1915F,  651; 
1917A,  323,  333,  455,  524. 

Restraint  upon  alienation.  191GB,  1201; 
1916D,  924;  1917A,  671. 

Performance;  breach;  enforcement; 
who  liable. 

—  in  general. 

Rescission  of  land  contract  for  breach  of 
covenant,  see  VENDOH  AND  PUBCHASEB. 

Annotation. 

Necessity  of  entry,  or  formal  declara- 
tion of  forfeiture,  as  a  condition 
of  maintaining  action  other  than 
for  damages  based  on  breach  of 
condition  subsequent  in  a  convey- 
ance of  freehold.  1917C,  882. 

Nominal    damages   for   breach    of.      1915D, 

898. 
Certifying  questions  involved  in  action  for 

breach.     1915C,   698. 
Raising  question  of  breach  for  first  time  on 

appeal.     1916E,  901. 
Conclusiveness    of    decree    denying    specific 

execution  of  covenants.     1916F,  1294. 
Burden    of    proof     in     action     to     enforce. 

1917A,  323. 
Admissibility   of   parol    evidence    in    action 

for  breach.     1916B,  1201;    1916E,  211, 

213,  217. 
Doubt    as   to   right   to    enforce   restriction. 

1915D,  543. 
Effect  on  liability  for  breach  of  restrictive 

covenant  of  fraud  in  contract.     1915A, 

679. 
Liability  on  covenants  of  warranty  where 

title  proves  defective.     1916E,  901. 
Forfeiture   for  breach   of  condition   in    oil 

or  gas  lease.     1916B,  686;   1917D,  231, 

1115. 

Quieting  title  forfeited  for  breach  of  condi- 
tion subsequent.     1917C,  879. 
Extent  of  relief  in  action  to  quiet  title  for 

breach  of  covenant.     1917C,  879. 
Re-entry,  as  condition  precedent  to  action 

for  breach.     1917C,  879. 
Waiver  of  breach;   loss  of  right  to  enforce. 

1916D,  924;  1916F,  303;   1917C,  879. 

—  what  constitutes  breach;  effect. 

Railroad  track  across  property  as  breach  of 

covenant  against  encumbrances.    1915D, 

898. 
Right     to     rescission     because     of     breach. 

1917F,  744. 
Landlord's  breach  of  covenant  as  defense  to 

liability  for  rent.     1915C,  649;   1916E, 

739. 


—  who  may  enforce. 

Annotation. 

Who  may  enforce  restrictive  covenant 

or  agreement  as  to  use  of  property. 

19 17 A,  328. 

Restrictions  as  to  use  of  property.     1917A, 

323,  333,  524. 
Subsequent  grantees.'    1916D,  611. 

—  who  liable  or  bound. 

Binding  effect  of  covenant  in  lease  on 
assignee  of  lessor.  1917A,  121. 

Covenant  in  lease  for  renewal.  1916E, 
1227. 

Running  with  the  land. 

Annotation. 

Necessity  of  use  of  word  "assigns1'  in 
order  to  make  covenant  as  to  a 
tiling  not  in  esse  run  ^vith  the  land. 
1917A,  127. 

Who  may  enforce.     3916D,  611. 
Stipulation  in  oil  and  gas  lease  ac.    1915E, 

570. 
Covenant     against     sale     of     property     to 

negroes.     1916B,  1201. 

Covenant  in  lease  for  renewal.   1916E,  1227. 
Covenant    of    woman    who    signs   husband's 

warranty    deed    to    convey    her    dower 

interest.     1916D,  611. 


COW. 

In  general,  see  ANIMALS. 

Larceny  of.     1915E,  848. 
Liability  of  city   for  personal  injuries  by. 
1915E,   448. 


CRANE. 

Injury    to    employee    ty    insufficiency    of. 
1917C,  1199. 


CREDIBILITY. 

Of  witnesses,  see  WITNESSES. 


CREDIT. 

Loan  of,  by  municipality.     1915B,  306. 

Liability  of  one  recommending  another  for 
credit.  19] 5A,  100;  1916E,  362. 

Recoverv  for  loss  of,  through  wrongful  at- 
tachment. 1917B,  350. 

Situs  of,  for  purpose  of  taxation.  1915C, 
922. 

Uniformity  in  taxation  of.     1915A,  185. 


124 


CREDITORS— CRIMINAL  LAW. 


CREDITORS. 

See  DEBTOB  AND  CREDITOR. 


CREDITORS'  BILK 

Prematurity  of  action  in  nature  of.    1916B 
1272. 


CRIME. 

Injunction  against,  see  INJUNCTION-. 

Libel  in  charging  crime,  see  CRIMINAL  LAW. 

In  general,  see  CRIMINAL  LAW. 

Competency  as  witness  of  person  convicted 
of  crime.  1917A,  1133;  1917F,  896. 

Discrediting  of  witness  by  proof  of  convic- 
tion of  crime.  1917C,  384. 


CRIMINAL  CONTEMPT. 

See  CONTEMPT. 

*-•-• 

CRIMINAL  INTENT. 

See  CRIMINAL  LAW. 


CRIMINAL  LAW. 

In  general. 

Criminal  liability  generally. 
Capacity  to  commit;  irresponsibility. 
Attempts. 

Parties  to  offense;  accessories. 
Instigation  or  consent  as  defense. 
Procedure  generally. 

Protection  and  rights  of  accused  gen- 
erally. 

Pleading;  motions;  demurrer. 
Former  jeopardy. 

—  in  general. 

—  different        offenses;        different 

modes  of  describing  same  act. 
Sentence  and  imprisonment. 

—  in  general. 

—  crnel  and  unnsnal  punishment, 
•—extent  of  punishment  generally; 

excessive  fines. 

—  time  of  imprisonment;  cumula- 

tive   and    indeterminate    sen- 
tences. 

—  suspension   or  stay   of  sentence; 

time  of  imposing. 

—  parole;  reprieve;  pardon. 


As  to  arrest,  see  ARREST. 
As  to  bail  and  recognizance,  see  BAIL  AND 
RECOGNIZANCE. 


As  to  compounding  felony,  see  COMPOUND- 
ING FELONY. 

Criminal  contempt,  see  CONTEMPT. 

Ex   post    facto   laws,   see    CONSTITUTIONAL 
LAW. 

As    to    disorderly    house,    see    DISORDERLY 
HOUSES. 

District  attorney,  see  DISTRICT  AND  PROSE- 
CUTING ATTORNEYS. 

Fraud  in  elections,  see  ELECTIONS. 

Extradition,  see  EXTRADITION. 

Civil  liability  for  false  arrest  and  imprison- 
ment, see  FALSE  IMPRISONMENT. 

Violation    of   food   statutes    or   ordinances, 
see  FOOD. 

As  to  juvenile  offenders,  see  JUVENILE  OF- 
FENDERS. 

Criminal  liability  for  desertion  of  wife,  see 
HUSBAND  AND  WIFE. 

Injunction  against  criminal  acts,  see  IN- 
JUNCTION. 

As  to  violation  of  liquor  laws,  see  INTOXI- 
CATING LIQUORS. 

As  to  criminal  libel,  see  LIBEL  AND  SLAN- 
DER. 

Civil  liability  for  bringing  prosecution,  see 
MALICIOUS  PROSECUTION. 

Violation  of  statute  regulating  hours  ol 
labor,  see  MASTER  AND  SERVANT. 

New  trial  in  criminal  case,  see  NEW  TRIAL. 

Criminal  liability  for  nuisance,  see  NUI- 
SANCES. 

Strict  construction  of  penal  statute,  see 
STATUTES. 

Violation  of  Sunday  laws,  see  SUNDAY. 

Violation  of  ordinance  as  to  weights  and 
measures,  see  WEIGHTS  AND  MEASURES. 

See  also  ABDUCTION  AND  KIDNAPPING: 
ADULTERY-.  ARSON:  BASTARDY;  BIGA- 
MY; BURGLARY;  DISORDERLY  HOUSES; 
DRUGS  AND  DRUGGISTS  ;  EMBEZZLEMENT  ; 
FALSE  PRETENSES;  GAMING;  HOMICIDE: 
INCEST  ;  LOTTERY  ;  MAYHEM  :  OBSTRUCT- 
ING JUSTICE;  PERJURY;  PROSTITUTION; 
RAPE;  RECEIVING  STOLEN  PROPERTY; 
ROBBERY;  WEIGHTS  AND  MEASURES. 

In  general. 

Annotation. 

Crimes  ii-liich  disqnal'fy  one  as  a  wit- 
ness. 191? F,  898. 

ompetency  as  witnesses,  of  persons  convict- 
ed of  crimes.  1917 A,  3133;  1917F,  896. 

Discrediting  witness  by  proof  of  indictment 
for,  or  conviction  of,  crime.  1915F, 
11 ;  1917C,  384. 

njunction  asrainst  criminal  proceedings. 
1915B,  1097;  1915D,  327,  684;  1916C, 
261;  1916D,  545;  1917A,  421;  1917F, 
1163. 

injunction  against  circulation  of  photo- 
graphs of  pardoned  convict.  1916A, 
739. 

rlight  of  innocent  person  arrested  through 
mistake  to  have  the  record  of  the  arrest 
canceled  or  destroyed.     191 7E,  774. 
Action,  whether  civil   or  criminal.     1917B, 
113;  1917E,  650. 


CRIMINAL  LAW. 


125 


Criminal    liability    generally. 

Annotations.     • 

Knowledge  or  intent  as  element  of  the 
offense  of  using  or  giving  false 
weight  or  measure.  1917D,  1129. 

Criminal  liability  for  improperly  issu- 
ing marriage  license  or  perform- 
ing marr-iage  ceremony.  1917E, 
S68. 

Punishing  under  one  statute  act  done  under 
authority  especially  granted  by  other 
statute.  1915B,  1207. 

Order  of  court  to  refrain  from  act  as  pro- 
tection against  liability  for  failure  to 
perform  it.  1916B,  764. 

Strict  or  liberal  construction  of  penal  stat- 
ute. 1915A,  564. 

Criminal  liability  of  corporation.  1915D, 
515. 

Criminal  liability  of  parent  for  failing  to 
supply  necessaries  to  children.  1915A, 
564. 

Criminal  liability  of  railroad  corporation 
for  obstructing  street  crossing.  1915B, 
329. 

Maliciously  setting  railroad  car  in  motion. 
1915A,  817. 

Statutes  as  to  liability  for  doing  business  in 
name  of  person  as  partner  who  is  not 
interested  therein.  1915D,  981. 

Statute  making  guilty  of  misdemeanor  per- 
sons who,  with  intent  to  defraud  turn- 
pike company,  pass  along  grounds  near 
road  to  avoid  tollgate.  1917D,  333. 

Intent;  motive;  knowledge.  1916B,  1117; 
1916D,  262;  1916E,  492;  1916F,  735; 
1917B,  1260;  1917D,  944;  1917F,  469, 
540. 

Capacity  to  commit;  irresponsibility. 

Annotation. 

Criminal  responsibility  for  act  commit- 
ted under  influence  of  insane  de- 
lusion as  to  facts  as  affected  by 
question  whether  such  facts  would, 
if  actually  existing,  excuse  the  act. 
1917F,  650. 

Criminal  liability  of  corporations.     1915D, 

515 

Infants.     191 6E,  760. 
Insanity   and    irresistible   impulse.      1915E, 

1031;  1916D,  519,  590;  1917F,  646. 
Intoxication.     1915E,  1031. 

Attempts. 

Statute  providing  that  person  making 
threats  with  view  to  extort  money 
shall  be  guilty  of  attempt  to  rob. 
1915B,  1140. 

Parties  to  offense;  accessories. 

Woman  transported  in  violation  of  Federal 
White  Slave  Act  as  party  to  the  offense. 
1915D,  281. 

Criminal  liability  of  agent.     1915A,  106. 


Liability  as  accessory  of  one  aiding  and 
assisting  ia  false  pretenses.  1917E, 
797. 

Accessory  to  forgery.     1016F,  1251. 

Evidence  on  trial  of  accessory  of  verdict 
against  principal.  1916B,  950. 

Instigation  or  consent  as  defense. 

Instigation  by,  or  consent  of,  detectives  to 
crime  for  purposes  of  detecting  crimi- 
nal. 1916C,  991. 

Procedure  generally. 

Appeal  in  criminal  case,  see  APPEAL  AND 
ERROR. 

Reversible  error  in  criminal  case,  see  AP- 
PEAL AND  EEROE. 

Due  process  of  law  and  equal  protection  of 
the  laws,  see  CONSTITUTIONAL  LAW. 

Presumptions  and  burden  of  proof,  see  EVI- 
DENCE. 

Presumption  as  to  innocence  or  guilt,  see 
EVIDENCE. 

Evidence  of  confession,  see  EVIDENCE. 

Admissibility  of  dying  declarations,  see 
EVIDENCE. 

Relevancy  of  evidence  generally,  see  EVI- 
DENCE. 

Sufficiency  of   proof,   see   EVIDENCE. 

As  to  sufficiency  of  indictment,  see  INDICT- 
MENT, ETC. 

As  to  jury,  see  JURY. 

As, to  grand  jury,  see  GRAND  JURY. 

New  trial  in  criminal  case,  see  NEW  TRIAL. 

Statements  and  argument  of  prosecuting 
attorney,  see  TEIAL. 

Remarks  or  conduct  of  judge,  see  TRIAL. 

Questions  for  jury,  see  TRIAL. 

Instructions    in    criminal    case,    see   TEIAL. 

As  to  venue,  see  VENUE. 

As  to  witnesses,  see  WITNESSES. 

Annotations. 

Evidence  of  other  crimes  in  prosecu- 
tion for  robbery.  1917D,  388. 

Evidence  of  trailing  of  criminal  with 
bloodhounds.  1917E,  73O. 

Husband  or  wife  as  witness  against 
the  other  in  criminal  prosecutions. 
1917E,  1133. 

Delegation  of  power  to  receive  verdict 
in  a  criminal  case.  1917E,  1O9O. 

Notice  of  designation  of  term  of  court  at 
which  trial  is  to  be  held.  1915B,  103. 

Jurisdiction  in  criminal  case.     1915F,  587. 

Duty  of  court  in  allowing  appeal  in  crimi- 
nal cases  to  formulate  and  certify  a 
specific  question.  1915D,  223. 

Application  in  criminal  contempt  proceed- 
ings of  statute  permitting  defendant  in 
criminal  case  to  make  a  statement  not 
under  oath.  1917E,  650. 

Delegation  of  power  to  receive  verdict  in 
criminal  case.  1917E,  1085. 

Proof  of  corpus  delicti.  1916B,  745,  844: 
1917A,  1287. 

Conviction  of  crime  as  evidence.  1916B, 
950. 

Admissibiiity  of  evidence  of  witness  taken 
at  inque'st.  1915F,  1087. 


126 


CRIMINAL  LAW 


Admissibility  in  evidence  of  plea  of  guilty 
which  has  been  withdrawn.  1916E,  634. 

Demonstrative  evidence.  1915E,  848; 
1916D,  590. 

Opinions  and  conclusions.  1915A,  1078, 
1088;  1915B,  1143;  1915D,  229,  972; 
1915E,  848. 

Evidence  as  to  declarations  or  acts  of  ac- 
cused 1916D,  1295. 

Evidence  as  to  acts  and  declarations  of 
third  persons  generally.  1915B,  1125; 
1915E,  202;  1916C,  566. 

Evidence  of  threats.     1916B,  050. 

Evidence  as  to  identity.     1915E,  848. 

Evidence  as  to  character  and  reputation  of 
accused.  1916E,  326. 

Evidence  as  to  intent  of  accused.  1915D, 
1015;  1915E,  1031. 

Evidence  as  to  relations  between  accused 
and  deceased  in  murder  case.  1917F, 
646. 

Evidence  of  suggestive  facts.  1915F,  1087; 
1916B,  950. 

Evidence  of  other  crimes.  1915A,  138,  809, 
862,  1088;  1915B,  103;  1915D,  229,  236; 
1916E,  472;  1917D,  383;  1917E,  668, 
797. 

Evidence  as  to  trailing  of  criminal  with 
bloodhounds.  1917E,  726* 

Assumption  by  trial  judge  of  burden  of 
cross  examining  accused.  1916A,  1190. 

Directing  verdict.     1916D,  767,  1295. 

Waiver  of  objection  to  refusal  to  advise 
verdict  of  not  guilty.  1917F,  1107. 

Correctness  and  sufficiency  of  verdict  in 
criminal  case.  1915A,  862;  1916F, 
960. 

Effect  on  verdict  of  guilty  of  finding  of 
newspaper  in  jury  room  attacking  the 
faith  and  nationality  of  the  accused. 
1916E,  634; 

Reversal  of  conviction  because  of  misconduct 
of  jurors.  1917F,  210. 

Refusal  by  court  of  request  to  have  stenog- 
rapher take  down  statements  made  by 
prosecuting  attorney  during  his  argu- 
ment. 1915A,  1088. 

Right  of  defendant  in  criminal  case  to  com- 
plain of  instruction  which  was  preju- 
dicial to  the  state.  1917E,  668. 

Preliminary  examination.     1917D,  1014. 

Private  counsel  to  aid  prosecution.  1915E, 
1215;  1917C,  455. 

Charging  jury  in  criminal  case  on  Sunday. 
1915D,  361. 

Discharge  of  juror.     1916E,  1264. 

Permitting  jury  to  separate.     1916B,  963. 

Protection  and  rights  of  accused  gen- 
erally. 

Evidence    of    confessions    by    accused,  ^see 

EVIDENCE. 
Right  to  trial  by  jury,  see  JUBY. 

Annotations. 

Who  is  iritliin  protection  of  provision 
of  Bankruptcy  Act  as  tit  use  in 
criminal  proceeding  of  testimony 
given  by  bankrupt.  191 7B,  614. 


Necessity  of  presence  of  accused  at 
rendition  of  verdict  for  misde- 
meanor. 1917B,  346. 

Contempt  in   publication   pending   trial   of 

facts  as  to  past  life  of  accused.    1917E, 

703. 

Public  trial.     1916E,  472. 
Speedy  trial.     1915E,  363. 
Aid  of  counsel.     1916D,  590. 
Right  to  meet  witnesses.     1917B,  113. 
Cross-examination  of  accused.    1915B,  131. 
Presence  of   accused.     1915D,   817;    1917B, 

344;   1917C,  610. 
Crimination   of   self.      1915B,   913;    1917B, 

608;  1917F,  502. 
Photographing     and     measuring.       1916A, 

739. 
Waiver    or    loss    of    right.      1915D,    817; 

1916D,  590;   1917D,  15. 

Pleading;   motions:   demurrer. 

As  to  requisites  and  sufficiency  of  indict- 
ment, information  or  complaint,  see 
INDICTMENT,  ETC. 

Quashing  of  indictment,  see  INDICTMENT, 
ETC. 

Admissibility  in  evidence  of  plea  of  guilty 
which  has  been  withdrawn.  1916E, 
634. 

Mode  of  raising  questions.  1917A,  1226; 
1917E,  797. 

Duplicity  in  plea  to  indictment.  1917B, 
608. 

Demurrer  to  information  because  of  absence 
of  necessary  examination  before  com- 
mitting magistrate.  1917D,  1014. 

Motion  in  arrest  of  judgment.  1915B,  83; 
1916B,  1117;  1916D,  767. 

Former  jeopardy. 

—  in  general. 

Provision  for  appeal  as,  see  APPEAL  AND 
ERBOR. 

Annotations. 

Manner  and  time  of  raising  defense  of 

former  jeopardy.     19 17 A,   1233. 
Discharge    of   jury    because    of    matter 

affecting   witness.      1917D,    1148. 

Mode  of  raising  plea  of  former  jeopardj. 
1917A,  1226. 

Effect  of  constitutional  amendment  to  give 
legislature  power  to  alter  origin,  lly 
understood  meaning  of  jeopardy  in  bill 
of  rights.  1915F,  1093. 

Resorting  to  common  law  to  ascertain 
meaning  of  constitutional  provision  as 
to  second  jeopardy.  1016K,  1264. 

What  included  at  conmion  law  in  protection 
from  second  jeopardy.  1915F,  1093. 

Right  of  one  who  has  secured  release 
through  habeas  corpus  on  ground  that 
judgment  was  void,  to  defeat  subse- 
quent prosecution  on  ground  of  former 
jeopardy.  1915A,  526. 

What  constitutes  an  acquittal.  1917E, 
1085. 


CRIMINAL  LAW. 


127 


Discharge   of    jury.      1916E,    1264;    1917D, 

1141;  1917E,  1085. 
Reversal    of    first    conviction;    new    trial. 

1917E,  1085. 

—  different  offenses;  different  modes 
of  describing  same  act. 

Annotation. 

Conviction  or  acquittal  of  a  sexual  of- 
fense as  a  bar  to  a  prosecution  for 
a  similar  offense  with  or  against 
the  same  person  at  a  different  time. 
1917D,  73 1. 

Acquittal  or  conviction  of  minor  offense 
included  in  a  greater  one  of  which  court 
has  no  jurisdiction  as  bar  to  subse- 
quent prosecution  for  the  greater 
offense.  1917A,  661. 

Acquittal  in  prosecution  in  which  state  is 
permitted  to  prove  all  similar  offenses 
within  a  designated  period  as  bar  to 
second  prosecution  for  any  specific 
offense  committed  within  such  period. 
1917D,  726. 

Acquittal  of  one  charged  with  crime  as  bar 
to  prosecution  for  perjury  for  testi- 
mony given  by  him  at  trial.  1017B, 
738. 

Prosecution  on  charge  of  contributing  to 
moral  delinquency  of  female  as  bar  to 
prosecution  on  charge  of  rape.  1915A, 
256. 

Conviction  of  assrult  and  battery  as  bar  to 
prosecution  for  assault  with  intent  to 
commit  rape.  1917A,  661. 

Acquittal  of  crime  of  carnal  knowledge 
committed  on  specified  date  as  bar  to 
prosecution  for  similar  offense  Avith 
same  girl  six  months  later.  1917D, 
726. 

'Conviction  for  use  of  abusive  words  as  bar 
to  prosecution  for  assault  and  battery. 
1917A,  140. 

Cumulative  penalties  for  failure  to  equip 
train  with  separate  accommodations  for 
white  and  colored  passengers.  1917B, 
544. 

Acquittal  of  feloniously  entering  building 
with  intent  to  steal  goods  of  specified 
person  as  bar  to  prosecution  for  enter- 
ing same  building  with  intent  to  steal 
goods  of  different  person.  1915C,  627. 

Sentence  and  imprisonment. 

—  in  general. 

In  contempt  proceedings,  see  CONTEMPT. 

Title  of  statute  as  to  sentence  for  crime. 
1915B,  389. 

Plurality  of  subjects  in  statutes  as  to. 
1915B,  389. 

Question  whether  statute  as  to  punishment 
is  an  amendment  or  an  independent 
piece  of  legislation.  1915B,  389. 

Imposing  punishment  under  law  in  force 
when  crime  was  committed,  though  re- 
pealed before  trial.  1917B,  738. 

Sufficiency  of  verdict  to  sustain  sentence. 
1915A,  862. 


Prejudicial  error  in  instruction  as  to. 
1916D,  590;  1917E,  1129. 

Statute  providing  that  no  person  shall 
suffer  death  penalty  who  has  been  con- 
victed on  circumstantial  evidence  alone. 
1917D,  591. 

Statute  as  to  punishment  for  use  of  false 
weight,  measure  or  balance.  1915D. 
515. 

—  crnel  and  nnnsnal  punishment. 

Cruel  and  unusual  punishment  as  ground 
for  release  on  habeas  corpus.  1915C, 
557. 

Statute  giving  court  discretion  as  to  extent 
of  punishment  as  violation  of  constitu- 
tional provision  against.  ]915C,  557. 

Solitary  confinement.     1917B,  586. 

—  extent  of  punishment  generally;  ex- 

cessive fines. 

In  contempt  proceedings,  see  CONTEMPT. 

Sending  criminal  case  back  for  proper  sent- 
ence where  sentence  imposed  is  below 
bgal  minimum.  1915B,  71. 

—  time    of    imprisonment;    cumulative 

and  indeterminate  sentences. 

Constitutionality  of  statute  as  to.     1915C, 

557;   1915F,  531. 
Imposing  punishment  under  indeterminate 

sentence  law  in  force  whe  ncrime  was 

committed,  though  repealed  before  the 

trial.    1917B,  738. 
Length     of     imprisonment     for     contempt. 

1917C,  845. 
Indeterminate  sentence;  deductions.    1915B, 

95;    1915C,    557;    1915F,    531;    1917B, 

738. 

—  suspension  or  stay  of  sentence;  time 

of  imposing. 

Power  to  suspend  sentence  or  execution 
thereof.  1915C,  1169;  1916A,  1285; 
1917E,  1178. 

Power  of  court  to  suspend  sentence  of  con- 
vict for  purpose  of  punishing  him  for 
contempt  in  another  case.  1917B,  586. 

Setting  aside  suspension.     1915C,  1169. 

—  parole;  reprieve;  pardon. 

Annotation. 

Effect  of  pardon  granted  after  verdict 

and    before    sentence,    or   pending 

appeal.     1917B,  57 O. 

Injunction  against  circulation  of  photo- 
graphs of  pardoned  convict.  1916A, 
739. 

Mandamus  to  compel  destruction  of  photo- 
graphs of  pardoned  convict.  1916A, 
739. 

Validity  of  contract  to  aid  in  securing 
parole  of  prisoner.  1916D,  576. 

Suspending  execution  of  sentence  as  en- 
croachment upon  pardoning  power. 
191 50,  1169. 

Exclusive  power  of  board  of  pardons  as  to 
commutations  and  pardons.  1915C, 
1169. 


128 


CRIMINAL  LAW— CUMULATIVE  EVIDENCE. 


Conferring  on  board  of  commissioners  power 
to  parole  prisoners.  1915F,  531. 

Governor's  power  as  to.  1915F,  519,  531; 
1916A,  1285. 

Waiver  of  pardon  by  failure  to  plead  it  on 
appeal  from  conviction.  1917B,  567. 

Effect  of  pardon  to  release  convict  from 
liability  for  costs.  1917B,  567. 

Validity  of  pardon  granted  pending  appeal. 
1917B,  567. 

Power  of  governor  to  annex  condition. 
1915F,  548. 

Due  process  in  remanding  verdict  for  viola- 
tion of  conditions  of  parole.  1915F, 
548. 

—         <»*» 


CRIMINATION  OF  SELF. 

Annotation. 

Who  is  within  protection  of  provision 
of  Bankruptcy  Act  as  to  use  in 
criminal  proceeding  of  testimony 
given  by  bankrupt.  1917B,  614:. 

By  accused.  1915B,  913;  1917B,  608;  1917F, 
602. 


CRIPPLE. 

Carrier's  duty  to.    1915A,  797;  1915E,  788. 


CRITIC. 

Right  to  exclude  critic  from  theater.  1916E, 
248. 


CROPriNG. 

Construction  of  representation  by  vendor  of 
farm  that  it  is  in  good  condition  for 
cropping.  1917C,  270. 

Relative  rights  of  parties  to  croppers'  con- 
tract. 1917E,  298. 


CROPS. 

Statute    for    protection    of,    against    plant 
diseases,  see  PLANT  DISEASES. 

Annotations. 

Sale  or  mortgage  of  future  and  grotv- 

ing  crops.     1917C,  S. 
Right  of  tenant  or  cropper  to  maintain 

replevin  for  crops.     1917C,   1114. 
Insurable  interest  in.     1917B,  4:85. 

Damages  for  injury  to,  or  destruction  of. 

msD,  292. 

Breach  of  contract  to  thresh.     1916E,  788. 
Breach    of    warranty    as    to    seed.     1917B, 

1106. 
.  Warranty   on   sale  of  haystacker.     1917C, 

1076. 


Joining  husband  and  wife 'in  action  for  in- 
jury to  crops  grown  by  him  on  wife's 
homestead.  1917B,  350. 

Mortgage  of  future  crops.     1917C,  1,  6,  7. 

Validity  of  sale  of  crop  by  occupant  of 
land  as  against  purchaser  of  land  at 
execution  sale.  1917C,  4. 

Insurable  interest  in.     1917A,  482. 

Insurance  on  hay  in  stacks  as  covering  hay 
in  barn.  1917B,  934. 

Relative  rights  of  landlord  and  tenant  as  to. 
1917C,  1111;  1917E,  289. 


CROSS  ERRORS. 

On  appeal.     1C15B,  287;  1917E,  1. 


CROSS-EXAMINATION. 

Of  witnesses,  see  WITNESSES. 


CROSSINGS 

Railway  crossing  generally,  see  RAILBOADS. 
Injury  at  railway  crossing,  see  RAILBOAIXS. 


CROWDING. 

Of  train.     1915B,  915;   1915E,  964. 


CRUEL  AND  UNUSUAL  PUNISH- 
MENT. 

See  CRIMINAL  LAW. 


CRUELTY. 

To  animals,  see  ANIMALS. 


CRYSTALLIZATION. 

Effect  of  crystallization  of  drawbar  which 
broke  allowing  train  to  part  on  car- 
rier's liability  for  resulting  injury. 
1917F,  1020. 


CULVERT. 

In  railroad  embankment,  see  RAILBOADS. 

4  «  » 

CUMULATIVE  EVIDENCE. 

Error  in  rejection  of.     L.R.A.1915F,  977. 


CUMULATIVE  PENALTIES— DAMAGES. 


129 


CUMULATIVE  PENALTIES. 

For  failure  to  equip  train  with  separate 
accommodations  for  white  and  colored 
passengers.  1917B,  544. 


CURATIVE  LAW. 

Constitutionality  of,  see  CONSTITUTIONAL 
LAW. 

Annotation. 

Insertion  of  unauthorized  provisions  in 
a  bond  required  Try  statute  as  af- 
fected by  curative  statutes,  1917B, 
997. 

Effect  of  statute  validating  all  proceedings 
by  district  courts  in  causes  transferred 
to  them  pursuant  to  statute.  1917D, 
666. 


CURTESY. 

In  separate  estate  granted  to  wife  with  re- 
straint on  her  alienation  during  life 
by  deed  in  which  the  word  "assigns"  is 
not  used.  1917A,  671. 

Limiting  curtesy  to  proportion  of  the  estate 
represented  by  the  ratio  which  the  chil- 
dren of  the  marriage  with  the  claim- 
ant bear  to  the  total  number  of  children 
of  decedent.  1917A,  671. 

Curtesy  initiate  as  entitling  husband  to 
maintain  action  to  recover  wife's  real 
estate  or  for  injury  thereto.  1915D, 
996. 


CURVE. 

Discharge  of  passenger  from  car  on  curve. 
1915C,  609. 


CUSTODY. 

Of  children  generally,  see  INFANTS. 
Of  children  after  divorce,  see  DIVOBCE  AND 
SEPARATION. 


CUSTODY  OF  LAW. 

Interference     with,     by     other     court,     see 

COURTS. 

Levy  on  property  in,  see  LEVY  AND  SEIZURE. 
Replevin  for  property  in,  see  REPLEVIN. 

Tax    on    property    in    hands    of    receiver. 
1915E,  211. 

L.R.A.  Tri.  Index  1915-17.— 9. 


CUSTOM  AND   USAGE. 

Parol  evidence  of,  see  EVIDENCE. 
Evidence  of,  generally,  see  EVIDENCE* 

Annotations. 

Of  carrier  to  notify  consignor  of  con- 
signee's refusal  to  accept  goods  sent 
by  freight.  1917C,  1128. 

Effect  of  custom  giving  fire  apparatus 
right  of  way  on  liability  of  street 
railway  company  for  injuries 
caused  by  collision  with  fire  appa- 
ratus. 1917E,  4=15. 

Necessity  that  custom  be  uniform,  reason- 
able and  generally  known.  1915D,  145. 

Judicial  notice  of  carrier's  custom.  1916A, 
545. 

Presumption  and  burden  of  proof  as  to. 
1916D,  974. 

Effect  of  death  on  competency  of  witness  to 
show.  1915C,  976. 

Sufficiency  of  proof  as  to.  1915F,  1114; 
1917F,  422. 

Evidence  of,  when  not  pleaded.    1917A,  740. 

Necessity  of  pleading.    1917F,  571. 

Custom  of  foreman  to  employ  help.  1917C, 
1199. 

Custom  to  take  certain  time  to  investigate 
credit  of  new  customer.  1916B,  1036. 

To  pay  partner  for  exceptional  services. 
1917F,  571. 

Of  holders  of  mileage  tickets  to  violate  re- 
quirement that  they  travel  with  their 
baggage.  1915E,  281. 

Of  Indians  as  to  divorce.    1917D,  571. 

Banking  customs.     1915E,  395. 

Validity  of  carrier's  custom  in  regard  to 
particular  shippers.  1917C,  1124. 

Effect  of,  on  liability  for  freight  charges. 
191 7A,  663;  1917C,  1124. 

Effect  of,  on  servant's  violation  of  master's 
rules.  1915F,  1114. 

Effect  of  trade  custom  to  use  gross  weight 
pails  in  sale  of  lard  on  statute  re- 
quiring lard  to  be  sold  in  pails  of  a  cer- 
tain number  of  pounds  net  weight. 
1916E,  380. 

Right  of  person  on  railroad  track  to  rely 
on.  191 6D,  702. 


CUSTOMER. 


See  PATRON. 


DAMAGES. 

In  general. 
Exemplary  or  punitive. 

—  in  general. 

—  carrier's  liability. 
On  contracts  generally. 
On  bonds. 

As  to  real  property. 

Sales  of  personalty;  warranty. 

To  lend  money. 

Liquidated  damages. 


DAMAGES. 


For  telegrams. 

Expulsion  of,  or  failure  in  duty  to, 
passenger. 

In  respect  to  freight  or  baggage. 

T  orts  generally. 

Fraud. 

Assault;  seduction;  false  imprison- 
ment; malicious  prosecution; 
abuse  of  process. 

Libel  or  slander. 

Personal  injuries;  death. 

—  in  general. 

—  injuries  to  married  woman. 

—  death. 

—  instances  of  amount. 

Injury  to,  or  taking  or  detention  of, 

personal  property. 

Injury  to  or  trespass  upon  real  prop- 
erty; nuisance. 

—  in  general. 

—  injury     to,     or     destruction     of, 

buildings,  trees,  crops  or  pas- 
ture. 
.—  injury  to  water  rights. 

—  nuisance. 
Injury  to  business. 
Condemnation      or      depreciation      in 

value  by  eminent  domain. 

—  in  general. 

—  value;  estimate  of. 

—  consequential  injuries. 

—  as  to  abutting  owners. 

—  in  highway  cases. 

—  in  injunction  cases. 
Mental  anguish. 

—  accompanying    physical    suffer- 

ing. 

—  unaccompanied  !>y  physical  in- 

jury. 
Loss  of  profits. 

—  in  general. 

—  from  breach  of  contract. 
Time  for  •which  recoverable. 
Mitigation;  reduction. 
Aggravation. 
Apportionment. 


In  general. 

Relevancy  of  evidence  as  to,  see  EVIDENCE. 
Opinion  evidence  as  to,  see  EVIDENCE. 
Interest  on  amount  recovered  as,  see  INTER- 
EST. 

Allegations  as  to,  see  PLEADING. 
Instructions  as  to,  see  TBIAL. 

Review    of,    on    appeal.      1915A,    120,    491 ; 

1915C,    39;     1915D,    292,    611;     1916C, 

348,    808;    1917A,    1194;    1917C,    507; 

1917D,  214. 
Prejudicial  error  as  to  measure  of.     1915E, 

294;    1916C,  589;    1917A,   394;    1917B, 

924. 
Right  of  party  to  complain  on   appeal  of 

rule  of   damages    in    accordance    with 

theory  upon  which   he  tried   the   case. 

1916E,  983. 
Remittitur  on  appeal.    1915E,  1141;  1916E, 

420. 

Question  for  jury  as  to.     1916C,  800. 
Instructions    as     to.       1915E,    1141,    1206; 

1915F,    803;    1916C,    808;    1916E,    743. 


Sufficiency  of  evidence  as  to.     1917D,  273, 

980;  1917F,  824. 
Awarding  new  trial  on  question  of  damages 

only.     1915E,  239;  1915F,  723. 
Nominal     damages.       1915D,     898;     1915F, 

888;    1916B,   835;    1917C,   737;    1917F, 

1146. 
Preventing    unnecessary    amount.      1915E, 

455. 

Exemplary  or  punitive. 

—  in  general. 

Cure  by  verdict  of  error  in  instructions  as 

to.     1916B,   622. 
Recovery  of  punitive  damages  in  civil  action 

in  Louisiana.     1917E,  516. 
Breach  by  physician  of  contract  to  attend 

patient.      191GB,   622. 
For  seduction.    1917D,  273. 
Assault  and  battery.     1915E,  704. 
Personal   injuries  or  death.     1917F,  717. 

—  carrier's  liability. 

For  failure  to  return  excursionists  to  their 

homes.     1915C,  477. 
For  causing  passenger  to  miss  connections. 

1917D,  977. 
Breach    of    contract   to   run    special    train. 

1917D,  750. 

As  to  corpse.     1916A,  565. 
Ejection.     1915E,  145. 
Insult  to  passenger.     1915B,  915. 
Assault  on  passenger.     1915E,  668. 

On  contracts  generally. 

Punitive  damages,  see  supra. 

Recovery    for    mental    anguish    caused    by 

breach  of  contract,  see  infra. 
Loss  of   profits  from   breach,   see  infra. 

Annotations. 

Damages  for  anticipatory  breach  of 
contract  as  provable  claim  in  bank- 
ruptcy. 1917B,  585. 

Measure  of  damages  for  broker's  breach 
of  contract  with  customer  as  to 
sales  and  purchases  of  stock  on  the 
exchange.  19J.7C,  747. 

Measure  of  recovery  in  case  of  destruc- 
tion of  building  in  process  of  erec- 
tion or  repair.  1917D,  1O11. 

Measure  of  damages  for  failure  of  les- 
see of  oil  mine  to  protect  leased 
premises  from  wells  on  adjoining 
land.  1917E,  983. 

Damages  recoverable  by  member  for 
breach  of  contract  by  mutual  bene- 
fit association.  1917E,  1O35. 

For  breach  of  contract  by  broker  to  carry 
stock  for  customer.  1917C,  737. 

Damages  recoverable  by  owner  of  stock  who 
repudiates  sale  by  broker  to  himself. 
1917C,  737. 

Breach  of  contract  by  director  to  declare 
dividend.  1917A,  1068. 

Building  and  construction  contract;  de- 
struction of  property  before  completion 
of  work.  1917D,  1006. 

Breach  by  irmtual  benefit  society  of  contract 
with  member.  1917E,  1032. 


DAMAGES. 


131 


Breach  of  telephone  contract.     1915C,  450. 

Contract  to  manufacture  logs  into  lumber 
and  pay  accommodation  notes  with  pro- 
ceeds. 1916F,  3. 

Contract  to  locate  railroad  station  at  cer- 
tain place.  1916F,  687. 

Breach  of  contract  to  thresh  grain.  1916E, 
788. 

On  kernels. 

Annotation. 

May  each  of  several  persons  protected 
by  a  bond  recover  up  to  the  -full 
amount  of  the  bond.  19JL7D,  617. 

Damages  recoverable  by  married  woman  in 
action  on  bond  binding  husband  to  re- 
sume marital  relations  and  support  her 
and  their  children.  1917D,  440. 

As  to  real  property. 

Breach  of  covenants  in  oil  and  gas  lease. 
1915E,  1057. 

Sales  of  personalty;  warranty. 

Recovery  for  loss  of  profits,  see  infra. 

Buyer's     failure     to     complete     purchase. 

1915E,  851. 
Breach   of   warranty.      1915B,   477;    1915D, 

875;   1916C,  1001;   1916D,  997;   1917B, 

1106. 

To  lend  money. 

Breacli  by  bank  of  contract  to  lend  money 
to  pay  for  grain  contracted  for  on  mer- 
chants' exchange.  1916F,  501. 

Liquidated   damages. 

Annotations. 

Sum  deposited  to  secure  performance 
of  a  contract  as  a  penalty  or  liqui- 
dated damages.  1917E,  372. 

Effect  of  stipulation  for  liquidated 
damages,  in  contract  not  to  engage 
in  business,  upon  the  equitable  ju- 
risdiction to  enjoin  breach  there- 
of. 1917E,  S86. 

Presumption  and  burden  of  proof  as  to. 
1915E,  373. 

Right  of  defendant  in  action  to  recover 
stipulated  damages  to  raise  on  appeal 
question  of  general  damages.  3916E, 
1175. 

Stipulation  in  ordinance  granting  franchise 
for  penalty  for  violation  thereof. 
1915E,  385. 

Effect  of  multiple  stipulations  on  provision 
in  contract  for.  1915E,  385. 

Bond  or  certified  check  given  by  bidder  for 
public  work  as  security  for  execution  of 
contract  as  liquidated  damages.  1917E, 
370. 

Provision  for,  in  automobile  distribution 
contract.  1915B,  109. 

For  delay  in  completing  construction  con- 
tract. 1916E,  1175. 

Breach  of  covenant  against  engaging  in  busi- 
ness. 1915E,  373;  1917E,  880. 


For  telegrams. 

Mental  anguish  for  default  in  duty  as  to, 
see  infra. 

Business  telegrams  generally.     1916E,  484. 

Expulsion  of,  or  failure  in  dnty  to, 
passenger. 

Punitive  damages,  see  supra. 

Recovery  for  mental  anguish,  see  infra. 

Breach   of    contract   to    run    special   train. 

1917D,  750. 

Ejection  of  passenger.     1915E,  145. 
Arrest.     1915E,  145,  320. 
Assault.     1915E,  668. 

In  respect  to  freight  or  baggage. 

Punitive  damages  for,  see  supra. 
Limitation  of  amount  of  carrier's  liability, 
see  GABBIER  s. 

Review  cf  verdict  or  findings  as  to.    1917C, 

507. 

Failure  to  furnish  cars.     1917B,  564. 
Delay  in  transportation  or  delivery.    1917A, 

193,  197. 
Loss    or    conversion    of    property.      1915A, 

502. 
Discrimination    in   rates;    rebates.      1917F, 

414. 
Delay  of  baggage.    1916A,  545. 

Torts  generally. 

General  rule  as  to.    1915E,  991. 

Extent  of  liability  of  members  of  union  who 
refuse  to  work  for  an  employer  until  he 
signs  a  union  agreement.  1917F,  755. 

Failure  of  bank  to  pay  check.    1916A,  1220. 

Negligence  of  title  abstractor.    1916D,  820. 

Wrongful  sale  of  liquor.    1916D,  940. 

Frand. 

Allowance  of  interest  on  amount  recovered. 
191 6F,  780. 

Fraud  in  inducing  taking  of  lease  at  cer- 
tain rental.  1917B,  760. 

On  sale  of  real  estate.  1915A,  675;  1915F, 
962. 

Assanlt;  sednction;  false  imprison- 
ment; malicions  prosecution; 
abuse  r°  process. 

Punitive  damages,  see  supra. 

Review  of,  on  appeal.  1915A,  491;  1C15D, 
611. 

Evidence  in  mitigation  of.     1917D,  220. 

Excessiveness  of.  1915A,  1141;  1915B, 
1179;  1915D,  621;  1916E,  356. 

Seduction.     1917D,  273. 

Assault.  1915A,  491;  1915E,  668,  701; 
1916E,  356,  896. 

Malicious  prosecution;  wrongful  attach- 
ment. 1915B,  1179 ;  1917B,  350. 

False  imprisonment.  1915A,  1141;  1915D, 
611,  621;  1915E,  145,  320;  1916E,  356; 
1916F,  1247. 

Libel  or  slander. 

Allegation  as  to  damages.    1916E,  667. 
Admissibility  of  evidence  as  to.    1915E,  413; 
1917D,  855. 


132 


DAMAGES. 


Refusal  of  instructions  as  to.    1915E,  413. 
Excessiveness  of  verdict.     1916E,  771. 
Effect  of  provocation  to  mitigate.     1916E, 

779. 
Special    damages    as     element    of     action. 

1916B,  915. 

Personal  injuries;  death. 

—  in  general. 

Punitive  damages  for,  see  supra. 

Mitigation  or  reduction  of,  see  infra. 

Recovery  for  humiliation  or  mental  anguish 
resulting  from  injury,  see  infra. 

Extent  of  recovery  under  Workmen's  Com- 
pensation Act,  see  WORKMEN'S  COM- 
PENSATION. 

Annotation. 

May  substantive  laic  of  state  as  to  dam- 
ages be  invoked  in  an  action  for 
personal  injuries,  not  resulting  in 
death,  on  waters  within  the  mari- 
time jurisdiction.  1917F,  678. 

Workmen's  Compensation  Act  as  violation 
of  constitutional  provision  forbidding 
legislature  to  limit  amount  of  recovery 
for  injury.  1916A,  389. 

Allegations  as  to.     1915D,  834;  1915F,  992. 

Prejudicial  error  as  to  measure  of.  1916C, 
589. 

Question  for  jury  as  to.    1916C,  800. 

Instructions  as  to.     1915F,  803. 

Limiting  damages  to  those  shown  by  the 
evidence.  1916E,  763. 

Waiver  of  benefit  of  constitutional  pro- 
vision forbidding  statutory  limitation 
of  amount  of  recovery.  1916A,  389. 

Evidence  as  to.  1915F,  558,  992;  1917A, 
394;  1917E,  215. 

Sufficiency  of  evidence  as  to.    1917D,  980. 

Effect  of  negligence  of  person  injured. 
1917A,  306. 

Permanent  injuries;  floating  kidney  and 
torn  rib.  1917B,  133. 

Impairment  of  earning  capacity.  1916E, 
464. 

Effect  of  prior  disease.    1915A,  797. 

Effect  of  wrong  medical  treatment.  1915D, 
883. 

Refusal  to  seek  medical  or  surgical  relief. 
1916E,  896. 

—  injuries  to  married  woman. 
Mental  anguish,  see  infra. 

Effect  of  marriage  of  woman  after  negligent 
injury  on  right  to  recover  damages  for 
loss  of  time  and  earning  capacity. 
191 6C,  589. 

Prejudicial  error  as  to.     1917A,  394. 

Evidence  as  to.     1917 A,  394. 

Miscarriage.    1917A,  394. 

—  death. 

Instances  of  amount,  see  infra. 
Apportionment  of   damages   for   death,   see 

infra. 
As  to  right  of  action  for  death,  see  DEATH. 


Annotation. 

Reduction  to  present  value  of  pecuniary 
loss  to  the  statutory  beneficiaries 
from  death.  1917F,  373. 

Relevancy  of  evidence  as  to.     1915E,  1201, 

1205. 
Instructions    as   to.      1915E,    1205;    1916C, 

808. 
Review  of,  on  appeal.     1915C,  39;    191GC, 

808. 

Action  under  civil  damage  act.     1916D,  94. 
Extent    of    recovery    under    Federal    Em- 
ployers'   Liability    Act.      1916C,    817; 

1916E,  185;  1917E,  1050;  1917F,  367. 
Earning  capacity.     1916D,  940;  1917A,  306- 
Habits,   health    and   reasonable   expectancy 

of  life.     1916D,  940. 
Of  married  woman.     1916D,  186. 
Allowance  to  widow  and  children  for  death 

of  husband  and  father.    1917F,  802. 

—  instances  of  amount. 

Bruised  arm  due  to  fall  when  passenger 
is  required  to  go  from  Pullman  to  ordi- 
nary coach.  1916E,  763. 

Wound  disabling  person  for  more  than  a 
month  and  requiring  extended  medical 
treatment.  1915E,  668. 

Impairment  of  health  and  possibility  of  in- 
ternal injuries  which  may  prove  per- 
manent. 1916E,  743. 

Permanent  injury.  1915A,  797;  1915F,  1, 
6,  8,  11,  13,  15,  491;  1916D,  644; 
1916E,  896;  1917B,  133;  1917C,  978; 
1917D,  813,  962;  1917E,  258. 

Permanent  disfigurement.  1917  A,  1291; 
1917E,  258. 

For  miscarriage.     1917A,  394. 

For  injury  inflicted  by  bite  of  dog.  1917E, 
516 

Loss  of  eye.     1915F,  21. 

Loss  of  limb.     1915F,  3. 

Injury  to  infant.     1915F,  11,  491. 

For  death.  '  1915C,  632,  808,  817;  1916D, 
940;  1917B,  548;  1917D,  959;  1917F, 
802. 

Injury  to,  or  taking  or  detention  of, 
personal  property. 

Annotation. 

Measure  of  damages  for  loss  or  conver- 
sion of,  or  injury  to,  household 
goods  or  wearing  apparel.  1917D, 
495. 

Allowance  of  interest  on  amount  recovered. 
1916C,  544. 

Relevancy  of  evidence  as  to.  1915C,  319; 
1915E,  959. 

Review  of,  on  appeal.    1917D,  214. 

Instruction  as  to.     1917A,  501. 

Injury  to  cattle.     1917C,  983. 

Injury  to  automobile.  1915C,  319;  1915F, 
723;  1917D,  214. 

Loss  of  household  goods  and  wearing  ap- 
parel. 1917A,  58;  1917D,  493. 

Destruction  of  building.     1917C,  1038. 


DAMAGES. 


133 


Injury  to  gas  mains  through  negligence  in  i  Injury  to  business. 

construction  of  sewer  in  street.    1917E,  ]  Sufficiency  of  proof  of. 


1092. 
Conversion. 


1915B,  291;  1917B,  787. 


Injury  to  or  trespass  upon  real  prop- 
erty; nuisance. 

—  in  general. 

Annotation. 

Measure  of  damages  to  leasehold  from 
change  of  grade.  1917C,  4:28. 

Recovery  of  such  a  character  as  to  include 
double  damages  for  same  injury. 
1916D,  358. 

Relevancy  of  evidence  as  to.     1915C,  747. 

Prejudicial  error  as  to.     191 5E,  294. 

Washing  of  sand  and  other  material  upon 
land  because  of  construction  of  railway 
embankment.  1916E,  977. 

Interference  with  view  as  element  of  dam- 
age. 1917C,  1131. 

Obstruction  of  riew  of  show  window.  1916C, 
1260. 

—  injnry  to,  or  destruction  of,  build- 

ings, trees,  crops  or  pasture. 

Annotations. 

Measure  of  damages  for  destruction  of, 
or  damage  to,  building.  19 17 A, 
3G7. 

Measure  of  damages  for  failure  of  les- 
see of  oil  mine  to  protect  leased 
premises  from  wells  of  adjoining 
land.  1917E,  983. 

Relevancy  of  evidence  as  to.    1917A,  365. 
Injury  by  blasting.     1916D,  101. 
Destruction  of  building.    1917A,  365;  1917C, 

1038. 

Destruction  of  pasture.    1917C,  983. 
Injury  to,  or  destruction  of,  crops.     1915D, 

292. 

—  injury  to  wa'ter  rights. 

Diversion  of  water.     1916E,  981. 

—  nuisance. 

Time  for  which  recoverable,  see  infra. 

Evidence  as  to.     1915C,  747;  1916E,  983. 
Effect  of  permanent  or  temporary  character 

of  injury.     193  6D,  358. 
Nuisance  created  by  erection  of  permanent 

structure  which  does  not  cause  injury 

until  some  time  after  it  is  completed. 

1916E,  983. 
Injury   to   land    by     construction    of    city 

sewer.     1916E,  983. 
Projection   into   street   obstructing  view   of 

show  window.     1916C,  1260. 
Illness    caused   by   nuisance    as   element   of 

damages.     1915C,  751. 

Depreciation  in  value  of  property  by  opera- 
tion of  garbage  incinerator  plant. 

1917F,  475. 
Depreciation  in  value  of  adjoining  property 

by  erection  of  barn.     1917D,  772. 


1917F,  824. 


For  loss  of  practice  of  physician. 
835. 


1916B, 


Condemnation      or      depreciation 
value  by  eminent  domain. 

—  in  general. 


in 


Annotation. 

Right  to  recover  cost  of  alteration  made 
in  anticipation  of,  and  to  prevent 
01  reduce  damages  to  property 
from,  a  public  improvement. 
1917C,  1189. 

Allowance  of  interest  on  amount  recovered. 
1916A,  1079;  1916C,  1106;  1916F,  969. 

Evidence  on  question  of.  1916A,  1079; 
1916E,  572. 

Allowance  for  alteration  made  in  anticipa- 
tion of  taking,  to  reduce  damages. 
1917C,  1184. 

Upon  condemnation  of  toll  road.  1917E, 
559. 

On  condemnation  of  public  utility  by  mu- 
nicipality. 1916F,  592. 

Construction  of  railroad  through  manufac- 
turing plant.  1916A,  1079. 

Telegraph  line  over  railroad  right  of  way. 
1916E,  572. 

Recovery  by  tenant.  1916C,  1C90;  1916D, 
713. 

—  value;  estimate  of. 

Annotation. 

Prospective  value  of  property  as  ele- 
ment of  compensation  in  eminent 
domain.  1917 A,  4O5. 

Evidence  on  question  of.    1916E,  420. 

Error  in  admitting  evidence  that  witness  as 
to  value  offered  after  close  of  case 
might  have  been  discovered  sooner. 
1916E,  420. 

Sufficiency  of  proof  of  unlawfulness  of  find- 
ing as  to.  1915F,  592. 

Estimate  as  of  what  time.    1917A,  402. 

Considering  fact  that  property  has  been  en- 
hanced by  wrongful  construction  of  the 
conduit  in  estimating  damages  for  ease- 
ment for  water  conduit  through  private 
property.  1915E,  432. 

Estimating  going  value  of  water  company 
on  condemnation  of  its  plant.  1916F, 
592. 

Earnings  of  water  company  as  measure  of 
recovery.  1916F,  592. 

Value  for  special  use.    1916A,  1079. 

Allowing  for  loss  of  profits.     1916C,  1090. 

Allowance  for  fixtures.  1915D,  492;  191GD, 
713. 

Improvements.  1915E,  432;  1916C,  1090; 
1916F,  969. 

—  consequential  injuries* 

-To  abutting  owner,  see  infra. 


134 


DAMAGES. 


Annotation. 

Obstruction  to  view  as  an  element  of 
damages.  1917C,  1135. 

Remittitur  on  appeal  of  damages  for  inci- 
dental injuries.  1916E,  420. 

Cost  of  removal  of  personal  property. 
1916D,  713. 

Injury  to  business;  loss  of  profits.  1916C, 
1090;  1917C,  420. 

Noise,  discomfort,  smoke,  etc.  1916A,  1079; 
1916E,  420. 

Danger;  possible  injuries.     1916A,  1079. 

—  as  to  abutting  owners. 

Construction  of  subway  railroad  in  street. 
1916A,  1290. 

—  in  highway  cases. 

Evidence  on  question  of.    1917C,  420. 
Establishing     or     changing     street     grade. 
1917C,  420. 

In  injunction  cases. 

Amended  complaint  for  damages  as  within 
injunction  bond  conditioned  to  pay  all 
damages.  1915A,  853. 

Conclusiveness  as  to  surety  of  judgment 
against  principal  for  damages  in  in- 
junction suit.  1915A,  853. 

Mental  anguish. 

—  accompanying  physical  suffering, 

Annotation. 

Mental  anguish  as  an  element  of  dam- 
ages for  personal  injuries  to  preg- 
nant woman.  1917E,  1049. 

Prejudicial  error  in  admission  of  evidence 
as  to.  1916D,  1035. 

Refusal  of  instruction  as  to.     1916E,  743. 

Allowance  for  mental  anguish  suffered  by 
widow  and  children  of  person  killed  and 
another  allowance  for  loss  of  the  com- 
panionship of  the  husband  and  father. 
1917F,  802. 

Humiliation  because  of  disfigurement  of 
person.  1916E,  896. 

Recovery  for  mental  suffering  in  case  of  bite 
of  dog.  1917E,  516. 

Damages  to  pregnant  woman  injured  by  an- 
other's negligence  for  mental  suffering 
due  to  fear  that  child  may  be  deformed. 
1917E,  1047. 

Injury  to  passenger.  1915E,  145;  1916D, 
1035. 

—  unaccompanied   by   physical   injury. 

Right  to  recover  from  fright  for  injuries 
due  thereto,  see  FBIGHT. 

Who  may  sue  for  mental  anguish  because 
of  mutilation  of  corpse  of  child.  1915B, 
519. 

Liability  of  private  hospital  for  mental  suf- 
fering from  death  of  wife  resulting  from 
negligence.  191 7B,  708. 

Breach  of  contract.  1916B,  622;  1917A, 
197;  1917D,  440,  750. 


For  causing  passenger  to  miss  connections. 

1917D,  977, 
Mental  anguish  because  of  wrongful  burial 

of  body  of  passenger  at   sea.     1917E, 

852. 
For  requesting  one  to  be  quiet  or  to  leave 

theater.     1915B,  1119. 
For  false  imprisonment.    1915D,  621. 
Disclosure  of  contents  of  telegram.     1915C, 

487. 
For  delay  in  delivery  of  telegram.     1915B, 

552. 

Loss  of  profits. 

—  in  general. 

By  exercise  of  power  of  eminent   domain. 

1916C,  1090;   1917C,  420. 
Liability  of  members  of  labor  union  for  loss 

of  profits  of  their  employer  because  of 

their  refusal  to  work  for  him.   1917F, 

755. 

—  from  breach  of  contract. 

Right  of  subcontractor  prevented  from  com- 
pleting work  to  recover  lost  profits. 
1915C,  671. 

Right  of  one  employed  on  commission  to 
recover  loss  of  profits  on  unlawful 
termination  of  employment.  1916B, 
868. 

Failure  of  telegraph  company  to  deliver 
business  message.  1916E,  424. 

By  purchacer.     1916B,  1257. 

Time  for  which  recoverable. 

Time  for  which  damages  may  be  allowed  un- 
der counterclaim  for  depriving  pur- 
Jiaser  of  possession,  in  action  for  bal- 
ance of  purchase  price  of  automobile  of 
which  the  seller  had  taken  possession  on 
default  in  payment.  191 6A,  912. 

For  maintenance  of  nuisance.  1916E,  971, 
974. 

Mitigation;  reduction. 

Prejudicial  error  in  failing  to  instruct  as 
to.  1917A,  306. 

Burden  of  proving  circumstances  in  mitiga- 
tion. 1916D,  820. 

Evidence  in  mitigation  of  damages.  1917D, 
220. 

Right  to  prove  amount  of  debt  in  mitiga- 
tion of  damages  in  action  of  replevin 
against  chattel  mortgagee  who  has  con- 
verted property.  1915E,  192. 

Effect  of  insurance.     1917E,  539. 

Provocation.     1915E,  779. 

Aggravation. 

As  to  preventing  unnecessary  amount,  see 

supra. 
Effect  of  refusal  to  seek  medical  relief,  or  of 

wrong  medical  treatment,  or  of  disease 

on   damages   for   personal   injuries,   see 

supra. 

Augmenting  recovery  under  Workmen's 
Compensation  Act  where  injury  was 
prolonged  by  negligent  surgical  treat- 
ment. 1916E,  1201. 


DAMAGES— DEATH. 


135 


Apportionment. 

Apportionment  between  wife  and  child  of 
recovery  under  Federal  Employers'  Lia- 
bility Act.  1916C,  800. 


DANCING. 

Annotations. 

As  proper  subject  for  police  regulation. 
1917E,  318. 

Power  of  municipality  to  regulate  danc- 
ing in  public  places.  1917A,  1174:. 

Power  of  municipality  to  prohibit  dancing 
in  public  restaurants.  191 7A,  1170. 

Providing  for  maintenance  of  dance  hall  for 
public  amusement  as  a  valid  charity 
1917D,  1062. 


DANGER. 

Judicial  notice  of.    1915C,  741;  1916F,  957. 


DANGEROUS  AGENCIES. 

As  to  automobiles,  see  AUTOMOBILES. 
Electricity,  see  ELECTRICITY. 
In  general,  see  NEGLIGENCE. 

Master's     liability    for     servant's    use    of. 
1915F,  945. 


Failure  to  date  copy  of  writ  served.    1917C, 

148. 
Of  will.     1916E,  498;   1917C,  479. 


DANGEROUS  ATTRACTIONS. 

See  NEGLIGENCE. 


DANGEROUS  PREMISES. 

Liability  for  injury  on,  see  NEGLIGENCE. 


DATA. 

Annotation. 

Right  of  public  to  benefit  of  data  pre- 

pared    by      officer     or     employee. 

1917B,   1183. 


DATE. 

Of  deed,  presumption  as  to.    1916B,  653. 

Evidence  on  question  of  date  of  birth. 
1915F,  803. 

Change  of,  in  note  as  a  material  alteration. 
1916F,  1263. 

Writing  date  on  marg'n  of  note  as  a  ma- 
terial alteration.  1916D,  528. 

Error  in  date  of  issuance  of  mandamus. 
1915D,  288. 


DATS  OF  GRACE. 

Annotation. 

For  payment  of  premium  after  ma- 
turity of  premium  note.  1917C, 
921. 

Grace  for  payment  of  premium  after  matu- 
rity of  premium  notes.  1917C,  917. 


DEATH. 

In  general. 

Right  of  action  for  causing. 

—  in  general. 

—  who     may     maintain     and     for 

•whom. 
Defenses. 
Effect  of. 


In  general. 

Of  patron  by  negligence  at  place  of  amuse- 
ment, see  AMUSEMENTS. 

Conflict  of  laws  as  to  liability  for,  see  CON- 
FLICT OF  LAWS 

Measure  of  damages  for,  see  DAMAGES 

Presumption  and  burden  -of  prooi  as  to,  see 
EVIDENCE. 

Of  insured   cause  of,  see  INSURANCE 

Of  employee,  generally,  see  MASTER  ANP 
SERVANT 

Proximate  cause  of,  see  PROXIMATE  CAUSE 

Annotations. 

Validity  and  effect  of  by-law  of  mutual 
benefit  society  refusing  to  pay  bene- 
fit upon  presumption  of  death  from 
seven  years'  absence.  1917C, 
1032. 

Defamation  of  deceased  person.  1917C, 
615. 

Concealment  or  ignorance  of  cause  of 
action  as  suspending  Statute  of 
Limitations  against  action  for 
death.  1917B,  1259. 

Right  of  surety  on  contractor's  bond  to 
notice  of  latter's  death.  1916A,  881. 

Admissibility  of  coroner's  certificate  of,  in 
evidence.  1916C,  379. 

Evidence  of  reputation  of  deceased.  19150, 
1179. 

By-law  of  insurance  company  as  to  pre- 
sumption of  death  from  absence.  1917C, 
1029. 

Presumption  as  to  time  of.     1917A,  183. 

Presumption  and  burden  of  proof  as  to 
cause.  1915D,  358. 

Opinion  evidence  as  to  cause  of.  1915A, 
1078,  1088;  1916C,  379. 

Sufficiency  of  proof  of  cause  of.  1915E, 
519,  964;  1916E,  952;  1917C,  195; 
1917F,  710. 


136 


DEATH. 


Statement  in  application  for  insurance  as 
to  cause  of  death  of  applicant's  an- 
cestors. 1917C,  858. 

Right  of  action  for  causing. 

—  in  general. 

For  death  occurring  in  another  state,  see 
CONFLICT  OF  LAWS. 

Recovery  for  death  under  Workmen's  Com- 
pensation Act,  see  WORKMEN'S  COM- 
PENSATION. 

Annotation. 

Liability  of  master  for  intentional  Kill- 
ing of  a  servant  by  a  third  person. 
1917F,  753. 

Right  of  action  for,  as  assets  giving 
jurisdiction  to  appoint  administrator. 
1916B,  794. 

Collateral  attack  on  settlement  with  sanc- 
tion of  court  of  action  for  death. 
1917A,  270. 

Safficiency  of  title  of  statute  requiring  no- 
tice before  bringing  action  for  death. 
1915E,  1069. 

Abatement  of  right  of  action  for.  1915E, 
1132. 

Survivability  of  action  for.  1916A,  1142; 
1916C,  964. 

Jurisdiction  of  admiralty  of  action  for. 
1916A,  1149. 

When  right  of  action  for,  accrues.  1916E, 
1095 

Amendment  of  petition  in  action  for. 
19! OB,  910. 

Error  in  admission  of  evidence  in  action  for. 
1915E,  1201 

Conflict  of  laws  as  to  liability  for.  1915F, 
955 

Basing  right  of  action  for  death  on  injuries 
due  to  breach  of  ordinary  contract. 
1916F,  1155. 

Distinction  between  right  of  action  given 
to  personal  representative  for  death  and 
right  of  action  of  person  injured  to  re- 
cover damages,  death  not  being  in- 
stantaneous. 1915E,  1141. 

Effect  on  mother's  right  to  sue  in  one  state 
of  judgment  of  other  state  in  action 
by  administratrix.  1915F,  736. 

Liability  of  husband,  •  wrongfullv  causing 
the  death  of  his  wife.  1917B*,  774. 

Liability  of  city  for  death  caused  by  fall 
of  pole  in  street.  1917B,  548. 

Right  of  action  for,  against  hospital. 
1917B,  708. 

Right  to  recover  for  instantaneous  death. 
1917A,  1128. 

Right  of  action  for  death  of  infant  employed 
in  violation  of  statute.  1917A,  1128. 

—  •who  may  maintain  and  for  whom. 

Annotation. 

Right  of  foreign  or  domestic  represen- 
tative to  maintain  action  for  death 
of  decedent  under  a  statute  of  an- 
other state  which  provides  that  the 
action  shall  be  brought  by  the  per- 
sonal representative.  19 17 A,  37. 


Repeal  of  statute  as  to.    1915E,  1069. 

Under  Civil  Damage  Act.    1916D,  940. 

Extending  right  of  action  by  implication. 
1916E,  112. 

Right  of  deserted  wife  and  child  to  re- 
cover under  Federal  Employers'  Lia- 
bility Act,  for  death  of  husband  and 
father.  1916C,  800. 

Parents.  1916C,  964;  1916E,  185,  704; 
1917A,  1128;  1917D,  287;  1917F,  851. 

Children.  1916C,  800;  1916E,  172;  1917D, 
3084. 

Husband.    1916E,  112. 

Brother  or  sister.     1917A,  1128. 

Personal  representative.  1915E,  1060,  1141; 
1916A,  389;  1917A,  34,  1128. 

Defenses. 

Effect  of  bar  of  action  by  person  injured  on 
administrator's  right  to  maintain  ac- 
tion for  his  death.  1915E,  1178,  1185. 

Satisfied  judgment  in  favor  of  person  in- 
jured as  bar  to  action  for  death  result- 
ing from  injury.  191 6D,  121. 

Effect  of  fact  that  woman's  marriage  took 
place  after  her  husband  had  received  a 
mortal  injury  through  another's  negli- 
gence to  prevent  her  recovering  for  his 
death  as  executrix  of  his  estate.  1915E, 
1199. 

Negation  of  defense  in  action  for  death. 
1915E,  1192. 

Contributory  negligence  of  deceased.  1917F, 
167. 

Contributory  negligence  of  beneficiary  or 
his  agent.  1917A,  1128. 

Release  or  compromise.  1915E,  1075,  1163, 
1170;  1917A,  270,  1128. 

Contributory  negligence  of  father  as  de- 
fense to  action  by  mother  for  death  of 
minor  child.  1915E,  7S1. 

Effect  of. 

To  abate  action,  see  ABATEMENT  AND  REVIV- 
AL. 
On  competency  of  witness,  see  WITNESSES. 

Annotations. 

Effect  on  attack  on  divorce  decree,  of 
death  of  spouse  granted  decree. 
1917B,  4S6. 

Death  of  promisee  before  that  of  prom- 
isor in  agreement  to  maize  provision 
by  will.  1917D,  Slf9. 

Effect  of,  on  admissibility  of  evidence  gen- 
erally.   1915F,  771. 
Admissibility    of    declarations    of    deceased 

person.        1915D,     334;      1916B,     816; 

1916C,  566. 
Termination  of  contract  by  death.     1915C, 

601;  1917D,  809. 
Effect  on  checks  of  drawer's  death.     1916A, 

711. 
Effect  on  homestead  of  death  of  members  of 

family.     1917C,  C.'jG. 
Effect  of  death  of  one  member  of  community 

on  rights  of  judgment  creditor.     1917C, 

494. 


DEATH— DECEDENTS'  ESTATES. 


137 


Continuance  of  community  of  interest  in 
partnership  after  its  dissolution  by 
death  of  one  of  the  partners.  1917C, 
166. 

Effect  of  death  of  life  tenant  to  stop  run- 
ning of  Statute  of  Limitations  against 
remaindermen.  1917E,  1103. 

Effect  of  death  of  assignee  of  insurance 
policy  to  restore  policy  to  insured. 
191GF,  783. 


DEATH   PENALTY. 

See  CAPITAL- PUNISHMENT. 


DEBATES. 

Consulting  debates  of  constitutional  con- 
vention in  construing  constitutional 
provision.  1916C,  1023. 


DEBT. 

Imprisonment  for,   see  IMPEISONMENT  FOB 
DEBT. 

Annotation. 

Liability  of  legatee  of  "business  for  debts 
due  creditors.     1917D,  439. 

Power  of  legislature  to  compel  municipality 

to  pay.    1915D,  927. 
Liability  of  legatee  of  drug  store  for  debts 

of  business.     1917D,  426. 
Liability    of    heirs    for    debts    of    ancestor. 

1915B,  797;  1916A,  1181. 
Effect  of  bequest  to  cancel  debt  by  mother 

to  her   child.     1915B,  1156. 


DEBTOR  AND  CREDITOR. 

Accord  and  satisfaction  between,  see  ACCORD 
AND  SATISFACTION. 

Assignments  of  debtors,  see  ASSIGNMENT 
FOR  CREDITORS. 

Insolvency  of  debtor,  see  BANKRUPTCY; 
BANKS;  INSOLVENCY. 

Compromise  and  settlement  between,  see 
COMPROMISE  AND  SETTLEMENT. 

Creditors  of  corporations,  see  CORPORATIONS. 

Duress  by  creditor,  see  DURESS. 

As  to  exemptions,  see  EXEMPTIONS;  HOME- 
STEAD. 

Creditors  of  decedent,  see  EXECUTORS  AND 
ADMINISTRATORS. 

Sale  of  decedent's  sale  for  debts,  see  EXEC- 
UTORS AND  ADMINISTRATORS. 

As  to  garnishment,  see  GARNISHMENT. 

Imprisonment  for  debt,  see  IMPRISONMENT 
FOR  DERT. 

Joint  creditors  and  debtors,  see  JOINT 
CREDITORS  AND  DEBTORS. 

Lien  of  creditor,  see  LIENS;  MECHANICS' 
LIENS. 


As  to  mortgage  to  secure  debt,  see  MORT- 
GAGE. 

Creditors  of  partnership  or  individual  mem- 
ber thereof,  see  PARTNERSHIP. 

As  to  sales  in  bulk  by  debtor,  see  SALE. 

Subrogation  of  third  person  paying  debt  to 
rights  of  creditor,  see  SUBROGATION. 

Right  of  creditors  in  trust  fund,  see  TRUSTS. 

Annotations. 

Right  of  general  creditors  to  complain 
of  failure  to  record  contract  of  con- 
ditional sale.  1917C,  4=4:2. 

Action  by  general  creditor  for  damages 
against  third  person  on  account  of 
fraud  in  disposing  of  debtor's  prop- 
erty, or  preventing  plaintiff  from 
collecting  his  cla*m.  1917E,  1148. 

Remedy  of  judgment  creditor  of  com- 
munity after  death  of  one  of  the 
spouses.  1917C,  5O2. 

Payment  of  part  of  a  liquidated  and 
undisputed  debt  as  a  consideration 
for  the  discharge  of  the  whole. 
1917A,  719. 

Liability  of  legatee  of  business  .for 
debts  due  creditors.  1917D,  439. 

Liability  of  legatee  of  drug  store  for  debta 
contracted  in  the  course  of  its  business. 
1917D,  426. 

Libel  of  debtor.     1915E,  455;  1916B,  915. 

Conspiracy  between  creditor  and  his  attor- 
ney to  defeat  debtor's  right  to  exemp- 
tion. 1915A,  1186. 

Liability  of  heirs  for  debts  of  ancestor. 
1915B,  797;  1916A,  1181. 

Priority  of  lien  for  indebtedness  of  heir  to 
estate  over  liens  of  judgments  against 
Mm.  1915A,  1179. 

Effect  of  bequest  in  will  to  cancel  debt 
by  mother  to  her  child  as  guardian. 
1915B,  1156. 

Right  of  judgment  creditors  to  elimination 
of  usury  from  prior  indebtedness  se- 
cured by  trust  deed.  1915C,  634. 

Right  of  creditor  to  set  aside  contract  of 
debtor  invalid  under  statute  s*  frauds, 
1916D,  1211.  4 

Right  of  creditors  to  intervene  1917B, 
1043. 

Right  of  general  creditor  to  maintain  action 
against  third  party  for  fraudulently  in- 
ducing such  creditor  to  forbear  legal 
action  to  collect  his  debt.  1917E,  1146. 


DECEDENTS'  ESTATES. 

Rights  of  heirs  and  distributees  in  general, 
see  DESCENT  AND  DISTRIBUTION. 

Administration  of,  see  EXECUTORS  AND  AD- 
MINISTRATORS. 

Running  of  statute  of  limitations  in  action 
as  to,  see  LIMITATION  OF  ACTIONS. 

Set-off  by  or  against,  see  SET-OFF  AND 
COUNTERCLAIM. 


138 


DECEDENTS'  ESTATES— DEEDS. 


Annotation. 

Competency  as  o  witness  of  the  hus- 
band or  "wife  of  a  party  to  action 
involving  a  decedent's  estate, 
19 17 A,  2. 


DECEIT. 

See  FRAUD  AND  DECEIT. 
« » » 


DECLARATIONS. 

Evidence  of,  see  EVIDENCE. 
In  pleading,  see  PLEADING. 

»•» 


DEDICATION. 
In  general. 

Annotation. 

Validity  of  reservation  in  dedicating 
land  for  street.  1917C,  229. 

Attempted  reservation  in  dedication  of  land 
for  street.  1917C,  225. 

By  map  or  plat. 

Designation  of  tract  of  land  on  plat  as  a 
park.  1916B,  1160. 

Selling  lots  with  respect  to  map  or  plat. 
1916B,  1160. 

Effect  on  rights  in  streets  shown  on  plat  of 
persons  who  buy  lots  in  reliance  on  plat 
of  statute  vacating  roads  which  remain 
unopen  for  specified  periods.  1917A, 
1120. 

Acceptance. 

Annotation. 

Necessity  and  sufficiency  of  acceptance 
of  grant  of  right  of  \vay  over  public 
land  for  public  highway.  19 17 A, 
f  355. 

Right  of  one  dedicating  land  for  highway 
to  retain  possession  after  title  has  vest- 
ed in  county  in  order  to  enforce  pay- 
ment of  contract  price  for  labor  done  by 
him  to  fit  land  for  travel.  1917A,  1150. 

Necessity  of.    1916B,  1160. 

Effect  of  delay  in  accepting.     1916B,  1160. 

What  constitutes;  sufficiency.     1916B,  1160. 


DEDUCTION. 

From  sentence,  see  CRIMINAL  LAW. 
From  legacy,  see  WILLS. 

Of    dower    interest    from    purchase    money. 

1915C,  367. 
Allowing  deduction  of  taxes  paid  within  the 

vear   upon   personal   propertv.      1915B, 

569. 


DEEDS. 

In  general. 
Delivery. 

Construction,  validity  and  effect  gen- 
erally. 

Description  of  property. 
What  property  passes. 

—  in  general. 

—  reservations  and  exceptions. 
Estate  or  interest  created. 

—  in  general. 

—  life  or  fee. 

—  remainders;    vested    or    contin- 

gent    interests;     reservations; 
limitation  over. 


In  general. 

Acknowledgment  of,  see  ACKNOWLEDGMENT. 
Cancelation  or  rescission  of,  see  CONTRACTS. 
Covenant  or  condition  in,  see  COVENANTS 

AND  CONDITIONS. 
Secured  by  duress,  see  DURESS. 
Estoppel  by,  see  ESTOPPEL. 
Trust  deed,  see  MORTGAGE. 
In  partition,  see  PARTITION. 
Recording  of,  see  RECORDS  AND  RECORDING 

LAWS. 
Tax  deeds,  see  TAXES. 

By  husband  to  wife.     1915E,  648. 

Parol  evidence  as  to.  1915A,  671;  1916D, 
1201;  1917F,  337,  949. 

Sufficiency  of  evidence  to  show  that  deed  was 
intended  to  be  a  mortgage.  1916B,  4. 

Wrongful  alteration  of.     1917E,  814. 

Effect  of  decree  canceling  for  fraud  deed  to 
wife  of  vendee  in  contract  for  purchase 
of  land  to  cancel  also  the  contract  of 
sale.  1917D,  228. 

Presumption  that  deed  executed  to  wife  of 
purchaser  of  land  was  executed  in  dis- 
charge of  the  contract.  1917D,  228. 

Presumption  that  date  of  deed  was  the  day 
of  its  execution.  1916B,  653. 

Execution  of  deed  by  attorney  in  fact. 
1915F,  662. 

Signature.     1915B,  678. 

Delivery. 

Delivery  to  third  person  to  be  held  until 
death  of  grantor.  1917C,  964. 

Construction,  validity  and  effect  gen- 
erally. 

Covenants  in,  generally,  see  COVENANTS  AND 
CONDITIONS. 

Validity  of  conveyance  of  land  held  adverse- 
ly, see  CHAMPERTY  AND  MAINTENANCE. 

Effect  of  duress,  see  DURESS. 

Estoppel  by,  see  ESTOPPEL. 

Deed  by  incompetent  person,  see  INCOMPE- 
TENT PERSONS. 

In  partition,  see  PARTITION. 

Distinction  between  deed  and  will,  see 
WILLS. 

Construing  deed  so  as  to  uphold  it.     1917C, 

964. 
Deed    as   mortgage.      191 5A.    1106;    1915B, 

492;   191 6B,  4,  11;   1917F,  337. 


DEEDS— DEFENSES. 


139 


Unrecorded  deed,  as  color  of  title.     1915B, 

1006. 

Deed  by  Indian.     1916D,  377. 
Validity  of   deed  given   to  secure  usurious 

loan.     1915D,  1195. 
Effect  of  intoxication.     1915E,  465. 

Description  of  property. 

Describing  land  in  township  of  a  specified 
number  without  naming  the  range 
1916A,  525. 

What  property  passes. 

—  in  general. 

Effect  of  deed  to  transfer  to  grantee  right  to 
property  dedicated  for  street  upon  vaca- 
tion of  the  street;  effect  of  attempted 
reservation,  in  dedication,  of  fee  to 
grantor.  1917C,  225. 

Effect  of  warranty  deed  of  land  injured  by 
structure  erected  before  execution  of  the 
deed  to  transfer  the  cause  of  action  for 
the  injury.  1916E,  990. 

—  reservations   and   exceptions. 

Attempted  reservation  of  water  power  and 
ground  to  utilize  same.  1916A,  504. 

Reservation  to  grantor  of  life  estate  by 
warranty  deed  to  be  held  in  escrow  un- 
til death  of  grantor.  1917C,  964. 

Reservation  of  timber.    1915E,  307. 

Estate  or  interest  created. 

—  in  general. 

Estate  or  interest  created  by  will,  see 
WILLS. 

Estate   conveyed    by    deed    to    burial   lot. 

1915E,  168. 
Effect  of  deed  to  create  separate  estate. 

1917A,  671. 
Effect  of  tax  deed  to  vest  in  grantee  fee 

simple  title.     1917D,  520. 

—  life  or  fee. 

Annotation. 

Conveyance  to  one  and  his  children  as 
giving  the  children  an  estate  joint- 
ly or  in  common  with  the  parent, 
or  a  remainder  upon  a  life  estate 
in  the  parent.  1917 B,  76. 

Vesting  of  fee  by  warranty  deed  providing 
that  it  is  to  be  held  in  escrow  until 
death  of  grantor.  1917C,  964. 

Effect  of  conveyance  of  remainder  to  a 
woman  and  her  children  to  create  a  life 
estate  in  common.  1917B,  74. 

—  remainders;    vested     or    contingent 

interests-     reversions;     limitation 
over. 

As   to   suspension    of   alienation,    see   PEB- 

PETUITIES. 
Vested   or   contingent  interests  under  will, 

see  WILLS. 

Question  whether  deed  creates  condition 
subsequent  or  a  conditional  limitation. 
1916F,  303. 


Creation    of   defeasible    estate   by    deed    in 

which   condition   subsequent   is   raised. 

1917C,  879. 
Validity  of  covenant  providing  for  reversion. 

1915A,  679. 
Condition  in  conveyance  for  reverter  in  case 

of  marriage.     3916B,  1077. 
Grant  of  property  for  school  purposes  with 

provision  for  reverter.    1916F,  303. 
Acceleration  of  remainder  by  refusal  of  life 

tenant  to  accept  deed.    1915A,  671. 


DEER. 

See  GAME  AND  GAME  LAWS. 


DE  FACTO  CORPORATION. 

See  COBPOBATIONS. 


DEFAULT. 

Annotation. 

Reliance  upon  cleric  or  judge  for  in- 
formation as  to  time  of  trial  or 
hearing  as  ground  of  relief  from. 
1917C,  1193. 

Jurisdiction  to  render  judgment  by.    1915B, 

1149;  1916F,  583. 
What    constitutes    judgment    by.      1917B, 

1296. 
Relief  against  judgment  by.     1916E,   100; 

1916F,   724,  837;   1917C,  1190;    19]  7D, 

880;  1917E,  1152. 


DEFEASIBLE  TITLE. 

To  standing  timber.     1915A,  571. 


DEFECTIVE  EYESIGHT. 

Annotation. 

Duty  toward  Wind  persons  or  persons 
with  defective  eyesight  as  to  con- 
dition of  streets.  1917C,  126. 


DEFENDANTS. 

Parties  defendant,  see  PARTIES. 

4  •  » 

DEFENSES. 

In  general,  see  ACTION  OB  SUIT. 

To   action   or   prosecution   for   assault,   see 

ASSAULT  AND  BATTERY. 
In   action   on  negotiable  paper,   see   BILLS 

AND  NOTES. 


140 


DEFENSES— DELAY. 


Defense  to  action  on  bond,  see  BONDS. 

To  action  for  breach  of  promise,  see  BBEACH 
OF  PROMISE. 

In  contempt  proceedings,  see  CONTEMPT. 

Ultra  vires,  see  CORPORATIONS. 

Against  liability  of  stockholders,  see  CORPO 
RATIONS. 

To  action  for  causing  death,  see  DEATH. 

In  suit  for  divorce,  see  DIVORCE  AND  SEP- 
ARATION. 

To  prosecution  for  embezzlement,  see  EM- 
BEZZLEMENT. 

Burden  of  proving,  see  EVIDENCE. 

In  action  for  false  imprisonment,  see  FALSE 
IMPRISONMENT. 

Negation  of,  see  INDICTMENT,  ETC. 

To  liability  on  insurance  policy,  see  INSUR- 
ANCE. 

In  libel  suit,  see  LIBEL  AND  SLANDER. 

Of  limitations,  see  LIMITATION  OF  ACTIONS. 

In  foreclosure  suit,  see  MORTGAGE. 

In  proceeding  to  abate  nuisance,  see  NUI- 
SANCES. 

Negation  of,  see  PLEADING. 

Violation  of  Sunday  law  as,  see  SUNDAY. 

To  action  for  infringement  of  trademark, 
see  TRADEMARKS. 

Of  usury,  see  USURY. 

Annotations. 

Assignment  of  chose  in  action  to  one  of 
the  parties  liable  thereon  as  affect- 
ing defenses  ^and  equities  as  be- 
tween assignee  and  the  other  party. 
1917F,  433. 

Adultery  of  u-ife  %vith  consent  or  conni- 
vance of  husband  as  justification  of 
abandonment  or  nonsupport  by  lat- 
ter. 1917D,  64O. 

Theory  that  right  of  subrogation  can  be  set 

up  only  as  a  defense.     1917D,  1067. 
Validity  of  statute  abolishing.     1917D,  15. 
Consent  of  child  under  age  of  consent  to  her 

seduction  as  defense  to  action  by  father. 

1917D,  273. 

Advice  of  counsel.    1915D,  16. 
Landlord's  breach  of  covenant  as  defense  to 

liability  for  rent.     1915C,  649. 
To  local  improvement  assessment.     1916B, 

1027. 
In    disbarment    proceedings.      1915A,    773; 

1915D,  1218. 
In    mandamus    case.      1915D,    288;    1915E, 

774;  1916F,  1033;   1917F,  776. 
In  prosecution  for  false  pretenses.     1916E, 

1104. 
In  prosecution  for  rape.     1915B,  131. 


DEFICIENCY. 

On  foreclosure,  see  MORTGAGE. 


DEFICIENCY  JUDGMENT. 

Right  of  materialman  to.     1915F,  1132. 
Personal    liability   of  trustee    for.      1915F, 
1072. 


DEFINITENESS. 

See  INDEFINITEXESS. 


DEFINITIONS. 

Annotations. 

What    is    "personal    property"    within 

registration  laws.     1917C,  629. 
What  constitutes   a   "debt"   within   the 

meaning   of  debt   limit   provisions. 

1917E,  437. 

Legislative  definition  of  terms  of   statute. 

1917A,  1116. 

Assessments.    1917E,  456. 
Civil  contempt.     1917B,  113. 
Common  law.     1915E,  239. 
Condition  precedent.     1916E,  932. 
Criminal  contempt.    1917B,  113. 
Domicil.    1917E,  490. 
Due  process  of  law.     191 5D,  817. 
Extraordinary  flood.    1917A,  501. 
False  pretenses.    1917E,  849. 
Family.     1917C,  356. 
Flood.     1917A,  501. 
Fraudulent  conversion.     1917B,  126-. 
Garbage.    1917E,  1163. 
House  of  ill  fame.     1916D,  767. 
Landlord  and  tenant.     1917E,  298. 
Legal  residence.     1917E,  490. 
Master.     1917E,  298. 
Means.     1916D,  441. 
Mob.     1915C,  578. 
Net  earnings.     1917A,  1068. 
Ordinary  flood.     1917A,  501. 
Peddler.    1916B,  1291. 
Property.     1915C,  981. 
Public  policy.     1917D,  641. 
Revenue.    1917C,  188. 
Riotous  assemblage.     1915C,  578. 
Servant.    1917E,  298. 
Subrogation.    1917A,  734. 
Switching  service.     1916D,  452. 
Unprofessional  conduct.     1916D,  436. 
View.     1917F,  974. 


DELAY. 

[n  delivery  by  carrier,  see  CARRIERS. 
Estoppel  by,  see  ESTOPPEL. 

Annotation. 

Liability  of  carrier  for  personal  inju- 
ries to  passenger  u-Jio  attempt*  to 
reach  his  destination  by  other 
means  because  of  delay  or  stalling 
of  car  or  train.  1917F,  357. 

Penalty  for  delay  in  payment  of  gas  rates. 

1915F,  1180. 
n   accepting   dedication   of   land   to   public 

use.     1916B,  1160. 
n  issuing  execution.     1915B,  797. 
n  offering  amendment  to  pleading.     1915F, 

984. 


DELAY— DENTISTS. 


141 


Delay  in  bringing  action  to  trial  as  ground 
for  dismissal.  1916B,  1104. 

In  rescinding  contract  for  fraud.  1915D, 
257. 

Effect  of  delay  for  five  years  to  apply  for 
benefit  of  bequest.  1915B,  1156. 

Effect  of  delay  in  shipment  on  carrier's 
liability.  1915C,  250;  1916D,  974,  982. 

By  consignee  in  lemoving  goods.  1917C, 
416;  1917D,  916. 

Effect  of  delay  in  leaving  state  on  privi- 
lege from  service  of  process  of  nonresi- 
dent witness.  1917B,  250. 


DELEGATION. 

Of  master's  duty  to  fellow  servant,  see  MAS- 
TER AND  SERVANT. 


DELEGATION   OF  POWER. 

Constitutionality  of,  see  CONSTITUTIONAL 
LAW. 

By  or  to  municipality  generally,  see  MU- 
NICIPAL CORPORATIONS. 


DELIRIUM  TREMENS. 

Recovery  under  Workmen's  Compensation 
Act  for  death  from  delirium  tremens 
induced  by  shock  of  accident.  1916F, 
955. 

Commission  of  crime  while  suffering  from. 
1915E,  1031. 


DELIVERY. 

Indorsement    of    note    before    delivery,    see 

BILLS  AND  NOTES. 
By  carrier,  see  CARRIERS. 
Of  deeds,  see  DEEDS. 
Of  gift,  see  GIFT. 
Of  personalty  sale,  see  SALE. 

Of  note.     1915F,  1157;  191 6B,  1048. 
Of  insurance  policy.     1917E,  983. 
What  constitutes  delivery  of  goods  to  car- 
rier.    1916C,  606;    1916E,  1194. 


DELUSIONS. 

Insane  delusions   as   defense  to  crime,   see 
CRIMINAL  LAW. 

Effect  of,  on  testamentary  capacity.    1915A, 
443. 


DEMAND. 

For  payment  of  note,  see  BILLS  AND  NOTES. 


Annotation. 

Time  ivithin  which  demand  for  arbitra- 
tion, appraisal,  inspection,  or  re- 
inspection  must  be  made  bt/  insur- 
ance company.  19 17 A,  1O86. 

As  condition  precedent  to  suit.  1915A, 
679;  1916D,  462. 

For  special  meeting  of  board  of  directors. 
1915E,  774. 

By  insurance  company  for  autopsy.  191 5D, 
1199. 

Time  to  demand  appraisement  and  inspec- 
tion of  insured  goods  injured  by  fire. 
1917A,  1078. 


DEMAND  NOTE. 


Rights  of  parties  to,  as  to  maturity  and 
presentment.    1915A,  728. 


DEMONSTRATIVE  EVIDENCE. 

See  EVIDENCE. 


DEMURRAGE. 


See  CARRIERS. 


DEMURRER. 

Collusiveness   of  judgment  on,   see  JUDG- 
MENT. 

To  evidence,  see  TRIAL. 
In  general,  see  PLEADING. 

To  indictment.     1917D,  1014. 


DENATURED  ALCOHOL. 

Injury   to  child  by.     1915E,  191. 


DENIALS. 

In  pleading.    1917B,  1061. 
Evidence   admissible   under  general   denial. 
1915E,  131. 


DENTISTS. 

Conditions  to  grant  of  license.     1915D,  538. 

Duty  of  state's  attorney  to  prosecute  ac- 
tions to  recover  fines  for  practising 
without  license.  1917B,  176. 

Agreement  by  dentist  selling  business  not  to 
re-engage  in  practice.  1917B,  267. 


142 


DEPARTMENT  OF  STATE— DESCENT  AND  DISTRIBUTION. 


DEPARTMENT  OF  STATE. 

Relation  of  courts  to.    1917A,  276: 


DEPARTURE. 

In  pleading.     1915A,  804;  1917P,  1043. 


DEPENDENT  COVENANTS. 

Intent  of  parties  as  to.     1917F,  744. 


DEPENDENTS. 

Annotations. 

Who  are  dependents  within  meaning 
of  Workmen's  Compensation  Act. 
1917D,  157. 

Extent  of  recovery  by,  under  Work- 
men's Compensation  Act.  1917D, 
164. 

Who  are,  within  meaning  of  Workmen's 
Compensation  Act.  1916A,  306,  366, 
436;  1916C,  1142,  1145;  1916E,  110. 

Insurahle  interests  of.  1917C,  925;  1917F, 
393. 


DEPORTATION. 


Suspension  of  attorney  for  participating  in 
wrongful  deportation.    1915C,  259. 


DEPOSIT. 

In  bank,  see  BANKS. 


DEPOSITIONS. 

Contempt  in  refusing  to  answer  question. 
1917B,  360. 

Liability  of  attorney  taking  deposition,  for 
false  imprisonment  in  requesting  pun- 
ishment for  contempt  of  witness  refus- 
ing to  answer  questions.  1917B,  360. 

Exemption  from  service  of  process  of  non- 
resident while  attending  taking  of 
depositions  within  state.  1916E,  1170. 

Motion  to  strike  answer  to  interrogatory  a 
portion  of  which  is  admissible.  1916D, 
4C2. 


DEPOSITORS. 

In  general,  see  BANKS. 

Who  is  a  depositor  entitled  to  payment  out 
of  bank's  assets  in  the  hands  of  the 
bank  commissioner  or  out  of  the  state's 
guaranty  fund.  1915F,  623. 


DEPOTS. 

Carrier's  duty  as  to,  see  CARBIERS. 

Annotation. 

Right  of  carrier  to  grant  exclusive 
train  privilege  to  baggage  or  pas- 
senger transfer  companies.  1917F, 
1O85. 

Validity  of  contract  as  to  location  of  rail- 
road station.  1915B,  925;  1916F,  687. 

Damages  for  breacli  of  contract  to  locate 
railroad  station  at  certain  place. 
1916F,  687. 

Venue  of  action  for  breach  of  contract  to 
locate  railroad  station  at  certain  place. 
1916F,  687. 

Presumption  in  support  of  order  of  railroad 
commission  as  to.  1915D.  98. 

Requiring  construction  of  union  depot  by 
carrier.  1915D,  98. 

Requiring  rebuilding  of  depot  destroyed  by 
fire  upon  a  new  location.  1915D,  91. 

Grant  of  special  privilege  to  baggage  com- 
pany at.  1917F,  1080. 


DEPRECIATION. 

Liability  of  company  insuring  automobile 
owner  against  loss  by  injury  to  per- 
son or  property,  for  depreciation  in 
value  of  other  automobile  injured  by 
collision  with  that  belonging  to  the  in- 
sured. 1917F,  612. 


DEPUTY. 

Right  of  sheriff  to  appoint  nonresident  as 

deputy.     1916B,  897. 
Liability  of  sheriff  for  arrest  by.     1915E, 

172. 
Liability  of  marshal  on  his  bond  for  assault 

committed  by  deputy.    1916D,  278. 


DERAILMENT. 

Annotations. 

Applicability  of  res  ipsa  loquitur  in 
case  of  injury  to  servant  by  derail- 
ment of  rolling  stock.  1917E,  212. 

Liability  for  injury  to  person  other 
tJtan  passenger  or  employee  by  de- 
railment of  street  car.  1917D, 
SIS. 

Injury  to  passenger  by.  1915F,  1174; 
1916C,  351. 


DESCENT    AND    DISTRIBUTION. 

In  general. 
Right  to  inherit. 

—  who   entitled  generally   and   ex 
tent  of  their  rights. 


DESCENT  AND  DISTRIBUTION— DESERTION. 


143 


Right  to  inherit— cont'd. 

—  effect  of  alienage. 

—  effect  of  illegitimacy. 

—  effect  of  adoption. 

—  rights  of  hnsband  and  wife. 
Nature  and  incidents  of  estate. 


In  general. 

As  to  distribution  of  decedent's  estate  gen- 
erally, see  EXECUTORS  AND  ADMINISTBA- 
TOBS. 

Tax  on  right  to  take  property  by,  see  TAXES. 

As  to  devise  or  bequest  of  property,  see 
WILLS. 

Annotation. 

Devolution  of  interests  of  respective 
parties  to  option.  1917D,  71L>. 

Presumption  that  person  dying  intestate  has 
left  heirs.  1915E,  758. 

Conclusiveness  of  judgment  of  probate 
court  as  to  devolution  of  property. 
1916D,  421. 

Time  of  determining  heirs  who  take  under 
will.  1916A,  718. 

Right  of  heirs  of  deceased  entryman  on  pub- 
lic lands.  1915B,  681. 

Right  to  inherit. 

—  who   entitled   generally   and   extent 

of  their  rights. 

Powers  of  state  to  abolish  right  of  inheri- 
tance. 1917E,  909. 

Rights  of  heirs  at  law  of  married  woman 
who  conveyed  her  separate  estate  in 
violation  of  restraint  on  alienation  in 
deed  to  her.  1917A,  671. 

Murderer  of  ancestor.     1915C,  328. 

Taking  per  capita  or  per  stirpes.  1916A, 
660. 

Effect  of  statute  providing  that  on  the 
death  intestate,  and  without  issue,  of  a 
person  holding  title  to  an  estate  of  in- 
heritance by  devise  from  kindred  of  in- 
testate such  estate  shall  go  to  the  kin 
next  to  the  intestate  of  the  blood  of  the 
person  from  whom  property  came. 
1916C,  898. 

Right  of  father  of  child  dying  intestate 
whose  only  property  was  her  interest 
in  the  estate  of  her  deceased  mother 
to  her  entire  estate  as  agrinst  lier 
brother.  1916E,  854. 

—  effect  of  alienage. 

Effect  of  treaties.     1916A,  469. 
Inheritance  by  aliens.     1915E,  327. 
Through  aliens.      1915E,  327. 

—  effect  of  illegitimacy. 

By  illegitimate  children.     1916C,  759. 

Sufficiency  of  father's  recognition  of  illegiti- 
mate son  to  enable  him  to  inherit. 
1916E,  654. 

—  effect  of  adoption. 

Conflict  of  laws  as  to.     1916A,  660. 
By  adopted  children.     1916E.  545. 
Through  adopted  children.     1915E,  462. 


—  rights  of  hnsband  and  wife. 

Wife's  dower  right,  see  DOWEE. 
Husband's  estate  by  curtesy,  see  CUBTESY. 

Inheritance  tax  on  interest  of  widow  in  hus- 
band's estate.  1917F,  436. 

Allowance  to  widow  out  of  husband's  estate. 
1916E,  593. 

Right  of  widow  claiming  interest  in  testa- 
tor's estate  to  benefit  of  a  conversion  by 
the  will  of  realty  into  personaitv. 
1917D,  464. 

Effect  of  widow's  election  to  take  under  her 
husband's  will  to  bar  her  and  her  heirs 
from  inheriting  property  undisposed  of 
by  will.  '  1917D,  758. 

Ri^ht  of  woman  who,  in  good  faith,  entered 
into  void  marriage  and  lived  with  sup- 
posed husband  until  his  death,  to  share 
in  property  to  purchase  of  which  she 
contributed  from  her  individual  earn- 
ings. 1917E,  968. 

Nature  and  incidents  of  estate. 

Liability  of  heirs  of  deceased  director  of  in- 
solvent bank  for  losses  caused  by  his 
mismanagement.  1917A,  971. 

Debts  of  decedent.  1915B,  797;  1916A, 
1181. 


DESCRIPTION. 

Of  property  in  deed,  see  DEEDS. 

Of  offense  in   indictment,   see  INDICTMENT. 

ETC. 
Of  beneficiary  in  will,  see  WILLS. 

Of  party,  in  writ  or  notice  by  publication. 
1915B,  1149. 

Of  location  of  insured  property,  reformation 
to  correct  mistake  in.  1917F,  663. 

Of  land,  sufficiency  to  satisfy  Statute  of 
Frauds.  1916C,  1098;  1917A,  151,  596. 

Of  land,  reforming  instrument  to  make  de- 
scription comply  with  Statute  of 
Frauds.  1917A,  563. 

Of  property  conveyed,  construction  of. 
1917A,  200. 

Of  property  devised.    1915E,  1008. 

Of  property  in  bill  for  partition.  1916C, 
693. 

Of  land  in  assessment  for  taxation.  1915D, 
432. 

Of  land  in  record  of  mortgage.     1916A,  525. 

Of  property  in  action  for  specific  perform- 
ance. 1915A,  317;  1916C,  1124;  1917A, 
563 

Parol  evidence  to  aid.  1915D,  766;  1915E, 
1008;  1917 A,  563. 


DESERTION. 

As   ground    for   divorce,    see   DIVORCT:   AND 

SEPARATION. 
Criminal  liability  for  desertion  of  wife,  see 

HUSBAND  AND  Wra. 


144 


DESERTION— DIPLOMATIC  AND  CONSULAR  OFFICERS. 


Annotation. 

Right  of  minor  unlawfully  enlisted  in 
the  Army  or  Navy  to  discharge  up- 
on habeas  corpus  from  custody  of 
court-martial  under  charge  of  de- 
sertion or  fraudulent  enlistment. 
1917D,  1O59. 

Punishment  for  desertion  of  person  under 
age  who  enlists  in  Army  or  Navy. 
1917D,  1050. 


DESTINATION. 

Leaving  passenger  at,  see  CARRIERS. 


DESTRUCTION. 

Of  building,  measure  of  damages  for,  see 
DAMAGES. 

Annotations. 

Of  milk  below  legal  standard.  1917C, 
247. 

Wlio  must  bear  loss  occasioned  by  de- 
struction of  building  in  process  of 
erection  or  repair.  1917D,  1O11. 

Right  to  notice  and  hearing  before  destruc- 

tion of  property.     1915F,  894. 
Effect  of  destruction  of  logs  on  contract  to 

manufacture  lumber  therefrom.    191CF, 

3. 
Liability  for  rent  after  destruction  of  the 

property.     1916F,  276. 
Of  building  before  completion  of  contract 

for  work  thereon.     1917D,  1006. 
Of    building   washed    upon    street    railway 

tracks  by  flood.    1917C,  1038. 
Of  pasture,  measure  of  damages  for.  1917C, 

983. 
Of   intoxicating   liquors    as   denial   of    due 

process  of  law.     1917D,  926. 
Of  property  by  members  of  Militia.    1917B, 

702. 
Of  property,  in   abating  nuisance.     1915B, 

415;   1917C,  1038;  191  7F,  1076. 
Of  trees  affected  by  disease.     1917C,  894. 
Of  fruit  infected  with  disease.     1915F,  894. 


DETECTIVE. 

Negligence  of  detective  employed  to  shadow 
wife  in  shadowing  another  woman. 
1917B,  675. 

Instigation  by,  or  consent  to,  crime  for  pur- 
poses of  detecting  criminal.  1916C, 
991. 


DETINUE. 


See  REPLEVIN. 


DETOUKED  TRAINS. 

Duty  to  receive  local  passengers  on  detoured 
trains.     1915B,  761. 


DEVIATION. 

Annotation. 

Deviation  as  affecting  carrier's  right  to 
avail  itself  of  provisions  of  special 
contract  of  affreightment.  19 17 A, 
62. 

Effect  of,  on  carrier's  liability.     1917A,  58. 

4  •  » 

DEVICE. 

Annotation. 

Right   of  public   to   benefit   of  devices 

made      by      officer     or     employee. 

1917B,    1183. 


DEVISE. 


See  WILLS. 


DIAMONDS. 

Liability  of  railroad  company  for  loss  of 
diamonds  transported  as  mail.  19 15 A, 
374. 


DILATATION  OF  HEART. 

D  ath  of  insured  from,  due  to  overexertion. 

1916E,   1196. 
Following  voluntary  taking  of  cold  bath,  as 

an  accident.     1916B,  1018. 


DILIGENCE. 

Question  for  jury  as  to,  see  TRIAL. 

Presumption  and  burden    of    proof    as    to. 

1915E,  1057. 
Right   to   diploma   on  graduation.     1915A, 

632;   1916B,  611. 


DIPLOMATIC   AND    CONSULAR 
OFFICERS. 

Attachment  against  property  of  United 
States  ambassador.  1915A,  400. 

R:ght  of  consul  to  appointment  as  adminis- 
trator of  estate  of  deceased  alien. 
1915D,  373;  1917A,  486. 


DIPLOMATIC  CORRESPONDENCE— DISCOVERY  AND  INSPECTION.         145 


DIPLOMATIC    CORRESPONDENCE. 

Admissibility  in  evidence  of  notes  exchanged 
between  the  United  States  and  Ger- 
many, after  publication  in  newspaper. 
191"D,  855. 


DIRECTION    OF    VERDICT. 

In  general,  see  TRIAL,  fc 


DIRECTORS. 


Of  bank,  see  BANKS. 

Of  corporation  generally,  see  CORPORATIONS. 


"»•» 


PIS  AFFIRMANCE. 
Of  infant's  contract,  see  INFANTS. 

+  • » 

DISAPPEARANCE. 

Annotation. 

Validity  and  effect  of  by-law  of  mutual 
benefit  society  suspending  member 
who  disappears.  19 17 A,  182. 

By-law  of  benefit  society,  suspending  mem- 
ber who  disappears.  1917A,  183. 


DISBARMENT. 

Of  attorney,  see  ATTORNEYS. 


DISBURSEMENTS. 

Reimbursing    personal    representative, 
EXECUTORS  AND  ADMINISTRATORS. 


DISCHARGE. 

Of  personal  representative,  see  EXECUTORS 

AND  ADMINISTRATORS. 
Of  grand  jury,  see  GRAND  JURY. 
Of  one  joint  tort-feasor  by  release  of  other, 

see  JOINT  CREDITORS  AND  DEBTORS. 
Of  levy,  see  LEVY  AND  SEIZURE. 
Of  employee,  see  MASTER  AND  SERVANT. 
Of  mortgage,  see  MORTGAGE. 
Of  surety,  see  PRINCIPAL  AND  SUPETY. 
Of  teacher,   see  SCHOOLS. 
Of  trust,  see  TRUSTS. 

Annotation. 

Former  jeopardy  by  discharge  of  jury 

because  of  matter  affecting  witness. 

1917D,  1148. 

L.R.A.  Tri.  Index  1915-17—10. 


Of  attorney  before  completing  services  for 
which  employed.  1917F,  402. 

Of  jury,  as  former  jeopardy.  1916E,  1264; 
1917D,  1141;  1917E,  1085. 

Of  guarantor.     1917D,  402. 


DISCIPLINE, 

Of  attorney,  see  ATTORNEYS. 


DISCONTINUANCE. 

Of  action,  see  DISMISSAL  OR  DISCONTINU- 
ANCE. 
Of  highway,  see  HIGHWAYS. 


DISCOUNT. 

Effect  of  provision  for,  on  negotiability  of 
note.     1915E,  564. 


DISCOURTESY. 

As  ground  for  divorce.     191 5B,  770. 


DISCOVERIES. 

Annotation. 

Right  <>f  public  to  benefit  of  discoveries 

made      by      officer      or     employee. 

1917B,    1183. 

+  »  » 


DISCOVERY  AND  INSPECTION. 

In  general. 

Ri^ht  to  inspect  books  of  corporation,  see 
CORPORATIONS. 

Annotations. 

Power  of  court  to  require  owner  of 
p.  emises  or  property  to  permit  in- 
spection in  negligence  cases. 
1917E,  838. 

Power  of  commission  to  compel  pro- 
duction of  papers  and  records  for 
inspection.  1917F,  12O2. 

Removing  books  and  papers  from  jurisdic- 
tion of  court  to  avoid  producing  them 
before  grand  jury.  1915B,  913. 

Requiring  public  service  corporation  to 
produce  its  books  and  papers  for  in- 
spection by  the  attorneys  and  experts  of 
patron.  1917F,  1195." 

Right  of  employee  whose  compensation  de- 
pends on  amount  of  business  or  profits 
to  inspect  accounts  and  correspondence 
relating  to  their  payment  or  collection. 
1915B,  1052. 


146       DISCOVERY  AND  INSPECTION— DISMISSAL  OR  DISCONTINUANCE. 


Requiring  defendant  employer  to  permit 
plaintiff  to  take  measurements  and 
photographs  for  purpose  of  preparing 
for  trial  in  action  for  personal  injury. 
1917E,  833. 

1 

Physical  examination. 

Exhibition  of  person  to  jurv,  see  EVIDENCE. 

Power  to  order  generally.     1915E,  936. 
Grounds  for  refusing  physical  examination. 
1915E,  930;  1917E,  405. 


DISCREDITING. 

Of  witness,  see  WITNESSES. 


DISCRETION. 

Review  of,  on  appeal,  see  APPEAL  AND  EB- 
BOB. 

Annotation. 

May  a  license  for  a  tank,  be  refused 

upon  general  considerations  of  pub- 

lic policy.     1917D,  316. 

Mandamus  to  review   discretionary  action. 

1915B,  232. 
Review   by   court   of   governor's   discretion. 

1915A,  175. 
Statute  giving   court  discretion   as  to   ex- 

tent of  punishment  for  crime.     1915C, 

557. 
As  to  penalty  to  be  imposed  upon  foreign 

corporation  for  violating  conditions  of 

right  to  do  business  in  state.     1915A, 

892. 
As    to    specific    enforcement    of    contract. 

1917F,  594. 
Of  Land   Department  to   reject  entries  on 

public  lands.     1916A,  1116. 
Of  state  banking  board  as  to  grant  of  char- 

ter.    1917D,  310. 
Of  trustee  as  to  objects  and  beneficiaries  of 

gift.     1917D,  819. 


DISCRIMINATION. 

By  carrier,  see  CARBIEBS. 

Against  colored  persons,  see  CIVIL  RIGHTS. 

Unconstitutionality  of,  see  CONSTITUTIONAL 

LAW. 

In  gas  rates,  see  GAS. 
In  license  tax,  see  LICENSE.  . 

By    public    service    corporations    generally, 

see  PUBLIC  SEBVICE  COBPOBATIONS. 
In  taxes,  see  TAXES. 
In  water  rates,  see  WATEBS. 

By   public   service  corporation;    retroactive 
effect  of  statute  as  to.     1917B,  908. 


DISEASE. 

Of  animals,  see  ANIMALS. 

As  to  contagious  and  infectious  diseases,  see 
CONTAGIOUS  AND  INFECTIOUS  DISEASES. 

Death  of  insured  from,  see  INSUBANCE. 

As  to  occupational  disease,  see  OCCUPATION- 
AL DISEASES. 

Plant  diseases,  see  PLANT  DISEASES. 

Taking  private  property  without  compensa- 
tion in  exercise  of  police  power  for 

suppression  of  disease.     1915B,  486. 
Requiring  health  certificate  as  condition  of 

admission  to  public  school.    1915A,  632. 
As  excuse  for  breach  of  promise  to  marry. 

1916D,  1260. 
Effect  of  intervening  disease  on  liability  for 

homicide.     1915F,  607. 
As  affecting  damages.     1915A,  797. 
Effect  of  existence  of,  on  right  to  recover 

on   accident   insurance   policy.     1915E, 

780. 
Recovery    under    Workmen's    Compensation 

Act  for  injury  or  death  resulting  from. 

1916A,  273,  283,  321,  337;  1916B,  1277; 

1916C,  1139;   1916D,  154,  1000;   1916E, 

510,  584;  1917D,  77. 
Recovery    under    Workmen's    Compensation 

Act  for  aggravation  of  existing  disease 

by  injury.     1916D,  1000. 


DISFIGUREMENT. 

Measure  of  damages  for.     1917A,  1291. 
Humiliation  caused  by,  as  element  of  dam- 
ages for  personal  injury.    1916E,  896. 


DISINHERITANCE. 

Of  children  or  heirs,  see  WILLS. 


DISLOYALTY. 

Annotation. 

Libel  or  slander  by  imputing  sedition 
or  disloyalty.      1917  D,   861. 


DISMISSAL  OR   DISCONTINUANCE. 

Dismissal  of  appeal,  see  APPEAL  AND  EBBOB. 
Of  attachment,  see  ATTACHMENT. 
Of  garnishment,  see  GARNISHMENT. 
Of  replevin  suit,  see  REPLEVIN. 

Annotation. 

Effect  of  appeal  or  right  of  appeal  upo:i 

jilnintiff's    right   to    dismiss   action. 

1917C,    133. 

Of  eminent  domain  proceedings.  1916C, 
641. 

Effect  of  action  dismissed  for  lack  of  juris- 
diction to  toll  Statute  of  Limitations. 
1917C,  203. 


DISMISSAL  OR  DISCONTINUANCE— DISTRICT  AND  PROSECUTING  ATTYS.     147 


Effect  and  collusiveness  of  judgment  of 
dismissal.  1917B,  588. 

Judgment  of  dismissal  as  evidence  in  sub- 
sequent suit.  1915B,  1179. 

Use  of  motion  for  judgment  notwithstand- 
ing verdict  to  obtain  dismissal  for  lack 
of  evidence.  1917A,  1194. 

Voluntary;  after  grant  of  new  trial;  effect 
of  right  of  appeal.  1917C,  130. 

Delay  as  ground  for  dismissal  of  action  to. 
1916B,  1104. 

Absence  of  witness  or  party  as  ground  for. 
1916B,  686. 

Of  party.     1915A,  491. 


DISOBEDIENCE. 

As  a  contempt,  see  CONTEMPT. 
By  servant  of  rules,  see  MASTEB  AND  SERV- 
ANT. 

Of  insurance  agent  to  instructions.     1915A, 
860. 


DISORDERLY   HOUSES. 

As  to  prostitution,  generally,  see  PBOSTT- 
TUTION. 

Annotations. 

Insurance  on  bawdyJiouses  or  furni- 
ture therein.  1917B,  257. 

Sale  of  goods  to  keeper  of  inmate  of 
house  of  ill  fame.  1917B,  1168. 

Validity  of  statutes  or  ordinances 
against  bawdyhouses.  1917B, 
1078. 

Definition  of.     1916D,  767. 

Liability  of  executory  vendor  for  use  of 
property  as  house  of  ill  fame.  1916F, 
325. 

Conspiracy  to  ruin  hotel  keeper  by  charg- 
ing him  with  keeping.  1917C,  65. 

Right  to  recover  price  of  liquors  sold  for 
resale,  where  resale  will  encourage 
house  of  ill  fame.  1917B,  1166. 

Validity  of  insurance  on  furniture  in. 
1917B,  253. 

Power  of  court  to  order  destruction  of  per- 
sonal property  used  in  connection  with. 
1917F,  1076. 

Selling  personal  property  of  o'.vner  at  auc- 
tion and  paying  him  proceeds,  after 
deduction  of  costs,  and  closing  the 
building  unless  security  for  abatement 
of  the  nuisance  is  given.  1917B,  1075. 

Limiting  to  citizens  of  county  persons  who 
may  institute  proceedings  for  suppres- 
sion of.  1917B,  1075. 

Unlawful  search  and  seizure  on  arrest  of 
person  on  charge  of  keeping  disorderly 
house.  1916C,  1014. 

Conviction  of  male  person  for  resort :ng  to 
house  of  ill  fame  for  purpose  of  lewd- 
ness.  1915F,  640;  1916D,  767. 


DISORDERLY   PERSONS. 

Annotation. 

Statute  or  ordinance  making  it  an  of- 
fense to  associate  with  disreputable 
persons.  19171?,  9O4. 

Arresting  a  woman  without  warrant  as  a 
disorderly  person.  1917D,  694. 


DISQUALIFICATION. 

Of  judge,  see  JUDGES. 


DISSEISIN. 

Sec  ADVERSE  POSSESSION. 


DISSOLUTION. 

Of  corporation,  see  CORPORATIONS. 
Of  insurance  company,  see  INSURANCE. 
Of  partnership,  see  PARTNERSHIP. 

Of  injunction.    1915B,  173;  1917E,  880. 

Of  firm  of  real  estate  brokers.     1915C,  576. 


DISTILLERS. 

Annotation. 

Effect  of  insertion  of  unauthorized  pro- 
visions in  distiller's  bond.  1917B, 
995. 


DISTRIBUTION. 

Of  decedent's  estate,  see  EXECUTORS  AND  AD- 
MINISTRATORS. 


DISTRIBUTION   CONTRACT. 

Automobile    distribution    contract.      1915B, 
109. 


DISTRICT    AND    PROSECUTING 
ATTORNEYS. 

Annotations; 

Right  of  public  body  entitled  to  serv- 
ices of  official  attorney  to  employ 
other  attorney  in  civil  matters. 
1917D,  251. 

Liability  of  public  prosecutor  to  act 'on 
for  malicious  prosecution.  1917F, 
699. 

Privileged  communications  to.    1915D,  1. 


148     DISTRICT  AND  PROSECUTING  ATTORNEYS— DIVORCE  AND  SEPARATION. 


Recovery  of  money  paid  under  threat  of 
prosecution  by.  1916B,  667. 

Liability  of  prosecuting  officer  for  false  im- 
prisonment. 1916F,  399. 

Right  of  prosecuting  attorney  to  file  bill 
to  abate  nuisance.  1915E,  408. 

Suit  against,  as  suit  against  the  state. 
1916D,  545. 

Duty  of  prosecuting  attorney  to  serve  in- 
dependent district  boards  of  education. 
1917D,  248. 

Duty  of  state's  attorney  to  prosecute  actions 
to  recover  fines.  1917B,  176. 

Private  counsel  assisting.  1915E,  1215; 
1917C,  455. 

Validity  of  contract  with  attorney  to  render 
assistance  to  prosecuting  attorney  in 
criminal  case.  1916D,  459. 

Right  of  school  district  which  prosecuting 
attorney  is  bound  to  serve  to  employ 
other  counsel  or  additional  counsel  to 
assist  the  regular  attorney.  1917D, 
248. 

Compensation;   lien  for.     1917B,  176. 

Determining  right  of  county  to  return  of 
money  paid  state's  attorney  as  salary 
in  interpleader  by  county  clerk  to  de- 
termine right  to  money  in  his  hands 
claimed  by  state's  attorney  as  fees. 
1917B,  176. 

Running  of  limitations  against  right  of 
county  to  recover  sum  paid  county  at- 
torney in  excess  of  his  salary.  1916E, 
92. 

4  «  » 


DISTRICTS. 

Of  Federal  courts,  see  COTJBTS. 


DISTURBING  WORSHIP. 

Annotation. 

Injunction    to    prevent   disturbance    of 
religious  worship.     1917D,  996. 

Injunction  against  disturbance  of  religious 
worship.     1917D,  994. 


DIVER. 

Claim  for  overalls  for,  as  within  protection 
of  contractor's  bond.     1917A,  336. 


DIVERSION. 

Of  water  generally,  see  WATERS. 

Permitting    diversion   of   public   waters   to 

private  use.     1917A,  1007. 
Municipal   liability  for  diversion  of  water 

course.     1916B,  1027. 
Of  property  or  funds  of  charity  to  private 

profit.     1917F,   741. 
Of  proceeds  of  county  bonds.     1915D,  274. 


DIVIDENDS. 

On  corporate  stock,  see  CORPOBATIONS. 


DIVING. 

Injury  to  person  at  swimming  pool  while 
diving.     1915F,  689. 


DIVORCE  AND  SEPARATION. 

In  general. 

The  suit  and  jurisdiction  thereof. 

Grounds. 

—  in  general. 

—  desertion. 

Defenses;    connivance;   recrimination. 
Alimony. 

—  in  general. 

—  temporary  alimony;  suit  money. 

—  permanent  allowance. 

—  subsequent  change. 
Other  property  rights. 
Custody  and  support  of  children. 


In  general. 

Presumption  and  burden  of  proof  as  to,  see 

EVIDENCE. 
Conclusiveness  and  effect  of  judgment,  see 

JUDGMENT. 
Annulment    of    marriage,    and    divorce    for 

causes  rendering  the  marriage  invalid, 

see  MARRIAGE. 

Annotations. 

Contract  made  to  prevent  attack  upon 

divorce  decree  as  contrary  to  pub- 
lic policy.     1917F,  621. 
Attack  on  decrees  of  divorce  for  other 

causes    than    lack,    of   jurisdiction. 

1917B,  4:09. 
Validity  of  divorce  according  to  Indian 

custom.     1917D,  574:. 
Remarriage      of     divorced     Catholics. 

1917C,   102O. 
Liability   of  married  woman   for   legal 

services   in    divorce    suit.      1917F, 

362. 

Validity  of  contract  to  prevent  attack  upon 

divorce  decree.     1917F,  618. 
Making  legacy  depend  on  legatee's  separa- 
tion from  his  wife.     191 5A,  311. 
Marriage  of  divorced  persons.     1915E,  87; 

1916C,     686,     741,     744;     1917A,     492; 

191 7B,  1150;  1917C,  353,  1017;   1917D, 

829. 
Liability   of  wife  for   services   of   attorney 

in  divorce  proceedings.     1917F,  359. 
Husband's    liability    for    services    of    wife's 

attorney.      1915C,    467;    1915F,    1162; 

1917C,  '335. 
Effect  of,  on  competency  of  husband  or  wife 

as  witness.     1915C,  870;   1915E,  1141; 

1917E,  1129;   1917F,  935. 


DIVORCE  AND  SEPARATION. 


149 


Right  of  woman  divorced  from  her  husband 
to  maintain  action  for  death  of  child. 
1917F,  851. 

Seduction  of  divorced  woman.     ]916D,  457. 

Conflict  of  laws  as  to.  1915E,  87;  1917D, 
571. 

WLen  divorce  becomes  final  so  as  to  be  be- 
yond reach  of  a  motion  for  rehearing. 
1917F,  974. 

Collateral  attack  on  decree.    1916F,  528. 

Review  of  findings  of  fact.     1917D,  361. 

Setting  aside  decree  for  fraud.     1917B,  405. 

Right  to  open  divorce  decree  to  ascertain 
if  it  was  procured  by  perjured  testi- 
mony without  retrying  the  whole  case. 
1917F,  974. 

Admissibility  in  evidence  of  record  in  di- 
vorce suit.  1915C,  870. 

Question  for  jury  as  to.     1916F,  819. 

The   suit  and   jurisdiction  thereof. 
Decree  rendered  in  other   state,  see  JUDG- 
MENT. 
Conclusiveness  of  judgment,  see  JUDGMENT. 

Sufficiency  of  title  of  statute  as  to.  19 16 A, 
696. 

Special  legislation  as  to.     1916A,  696. 

Retrospective  operation  of  statute  as  to. 
1916A,  696. 

Constitutionality  of  statute  as  to.  1916A, 
696. 

Residence  for  purpose  of  jurisdiction  of  de- 
fendant wife  who  refused  to  follow  hus- 
band to  new  domicil.  1916E,  1115. 

Domicil  for  purpose  of  divorce  of  deserted 
wife  where  husband  establishes  new 
domicil  in  other  state.  1917B,  1028. 

Residence  of  plaintiff  for  jurisdictional  pur- 
poses. W15D,  852;  1J16A,  696;  1916E, 
1115;  1917E,  490. 

Grounds. 

—  in  general. 

Annulment  of  marriage,  or  divorce  for 
causes  rendering  the  marriage  invalid, 
see  MABKIAGE. 

Annotation. 

Retrospective  effect  of  statute  pre- 
scribing grounds  of.  1917C,  16O. 

Imprisonment.     1917C,  159. 

Fact  that  marriage  was  induced  by  threats. 

1916E,  648. 
Fraud    inducing    marriage.       1916C,    737; 

1916E,  643,  648. 
Uniform  and  continued  discourtesy.    1915B, 

770. 
Refusal  of  sexual  intercourse.     1915B,  770. 

—  desertion. 

Refusal  of  wife  to  follow  husband  to  new 
home.  1915A,  222;  1916E,  1115. 

Refusal  of  wife  to  live  with  husband's  par- 
ents. 1915E,  161;  1917F,  738. 

Effort  of  husband  to  induce  wife  who  had 
left  him  for  cause  to  return  to  his  home. 
1917F,  738. 


Defenses;    connivance;    recrimination. 

Annotation. 

Reformation  as  affecting  right  of  di- 
vorce on  ground  of  drun^fenness  or 
use  of  drugs.  19171),  364:. 

Reformation  of  habitual  drug  user  between 
time  of  separation  and  that  of  bringing 
divorce  proceedings  based  on  such  use. 
1917D,  361. 

Effect  of  collusion  on  right  to  attack  de- 
cree collaterally.  1916F,  528. 

Premarital  incontinence  of  the  parties  as 
defense  to  divorce  suit  by  man  on 
ground  of  fraud  of  the  woman  in  alleg- 
ing that  she  was  pregnant  by  hiua. 
1916E,  643. 

Adultery  of  man  as  defense  to  action  for  di- 
vorce on  ground  of  desertion  by  wife. 
1915E,  972. 

Alimony. 

—  in  general. 

Annotations. 

Inability  to  pay  alimony  as  defense  to 
contempt.  1917C,  97. 

Power  to  grant  alimony  in  a  divorce 
proceeding  without  personal  cerv- 
ice  of  process.  1917F,  1161. 

Attack  on  provisions  as  to  alimony  in 
divorce  decree.  1917B,  493. 

Adultery  of  wife  with  consent  or  con- 
nivance of  husband  as  justification 
of  abandonment  or  nonsupport  Irj 
latter.  1917D,  610. 

Contempt  in  failing  to  pay  alimony.  1917C, 
89. 

Personal  judgment  for  alimony  on  service 
by  publication.  1917C,  1140. 

Lien  of  decree  for  alimony.     1916B,  648. 

Abatement  by  death  of  action  for  alimony. 
1916B,  852. 

Prematurity  of  action  to  subject  land  to 
payment  of  judgment  for  all-nony. 
1916B,  1272. 

Enforcing  judgment  for  alimony  in  other 
state.  1915B,  674,  1024. 

Enforcing  alimony  obligations  of  nonresi- 
dent served  only  by  publication  out  of 
his  bank  deposit  in  a  local  bank. 
1917F,  1159. 

Right  to  credit  on  judgment  for  alimony  for 
property  which  plaintiil  has  converted. 
1915F,  820. 

Admissibility  of  evidence  in  proceeding  to 
subject  property  to  payment  of  judg- 
ment for  alimony.  1916B,  1272. 

Independent  suit  for.  1915E,  421;  1916B, 
919;  1917D,  773;  1917E,  490. 

—  temporary  alimony;  suit  money. 

Refusal  of  court  to  proceed  to  trial  of  di- 
vorce suit  while  husband  fails  to  com- 
ply with  order  to  pay  temporary  ali- 
mony. 1915E,  567. 

Mandamus  to  compel  allowance  of.  3916F, 
1257. 


150 


DIVORCE  AND  SEPARATION— DOCUMENTS. 


Enforcement  in  other  state  of  order  for. 
1916B,  1024. 

Validity  for  purpose  of  appeal  of  order  al- 
lowing alimony  j  jndente  lite.  1917C, 
89. 

Validity  of  order  for  alimony  pendente  lite 
where  no  evidence  on  behalf  of  defend- 
ant was  heard.  1917C,  89. 

Review  of  discretion  as  to  reception  of  evi- 
dence in  regard  to.  1917C,  89. 

Allegation  of  release  from  marital  obliga- 
tions as  defense  to  petition  for.  1916B, 
919. 

Husband's  ability  to  earn  money  as  element 
to  be  considered  in  fixing  alimony  pen- 
dente lite.  1917C,  89. 

Right  to  allow,  after  perfection  of  appeal 
from  final  decree.  1916F,  1257. 

Power  of  appellate  court  to  allow  alimony, 
suit  money,  and  attorney's  fees.  1915A, 
1044. 

—  permanent   allowance. 

Requiring  husband's  entire  earnings  to  be 

devoted  to  payment  of  alimony.    1917C, 

89. 
Awarding     alimony     on     appeal.      1915B, 

1071. 
Duty  to  pay  instalments  of  alimony  pending 

appeal  from  decree.     1915B,  1071. 

—  subsequent  change. 

Annotations. 

Power  to  amend  decree  of  divorce,  "by 

adding      provision      for      alimony. 

1917D,  325. 
Power  to  modify  alimony  awarded  by  a 

decree   of  absolute   divorce   in   the 

absence  of  reservation  by  decree  or 

statute.     191'.  F,  729. 

Power  in  absence  of  str.tute  to  modify  pro- 
visions of  decree  of  absolute  divorce 
providing  for  alimony.  1917F,  721. 

Right  to  amend  divorce  decree  which  fails 
to  allow  alimony  so  as  to  make  such 
allowance.  1917D,  319. 

Modifying  judgment  for  alimony  so  as  to 
make  it  a  specific  lien  on  after-acquired 
real  estate.  1917C,  1140. 

Effect  of  husband's  remarriage.  1915F, 
820. 

Other  property  rights. 

Effect  of  divorce  on  interest  in  proceeds 
of  insurance  policy.  1915B,  749; 
1915D,  130;  1916D,  1168. 

Effect  of  divorce  to  terminate  trust  created 
by  will.  1915E,  762. 

Effect  of  divorce  between  tenants  by  entire- 
ty after  husband  has  cor  "eyed  his  in- 
terest. 1917D,  736. 

Effect  of  divorce  to  destroy  estate  by  en- 
tirety. 1915C,  396;  1917E,  886. 

Power  of  court  to  divide  property  between 
husband  and  wife  on  refusing  a  divorce. 
1917E,  921. 


Custody  and  support  of  children. 

Annotations. 

Power  to  amend  decree  of  divorce  by 

adding    provision    for    support    of 

children.     1917D,  325. 
Remedy  for  refusal  to  permit  access  to 

or  visitation  of  children  as  provided 

by  decree  of  divorce.     1917B,  29O. 
Jurisdiction  of  court  to  au-aril  custody 

of  children  after  prayer  for  divorce 

has  been  withdrawn  or  dismissed. 

1917D,   976. 

Requiring  bond  for  production  of  child  as 
condition  to  award  of  custody  in  divorce 
proceeding.  1915A,  576. 

Change  of  decree  as  to  custody.  191615, 
977;  1917B,  287. 

Right  to  require  father  to  contribute  to  sup- 
port a  child  where  no  provision  there- 
for was  made  in  the  divorce  decree. 
1917D,  319. 

Father's  liability  for  support  of  child  in 
custody  of  mother.  1917D,  971. 

Effect  on  liability  of  father  of  regulations 
governing  alimony  to  wife.  1917D,  971. 

Right  of  divorced  wife  to  recover  from 
husband  expense  of  supporting  child 
prior  to  divorce.  1915A,  1137. 

Prematurity  of  action  to  subject  land  to 
payment  of  judgment  for  support  of 
child.  1916B,  1272. 

Effect  of  remarriage  of  divorced  parties  on 
provisions  of  decree  as  to.  191 6E. 
682. 

Review  on  appeal  of  decree  as  to.  1915B, 
154. 

Conclusiveness  of  decree  as  to.  1915B,  154; 
1916B,  977. 

Collateral  attack  on  provisions  of  decree  as 
to.  1916B,  977. 


DOCKS. 


See  WHAEVES. 


DOCTORS. 

See  PHYSICIANS  AND  SURGEONS. 
«»~»~» 


DOCUMENTARY    EVIDENCE. 

See  EVIDENCE. 


DOCUMENTS. 

Concealment  of,  by  attorney,  as  ground  for 

reprimand.     1917B,  378. 
Compelling    production    of.      1915B,    1052; 

1037F,  1195. 


DOGS— DOWER. 


151 


DOGS. 

Liability  for  killing  of,  or  injury  to,  see 

ANIMALS. 

Liability  for  injuries  by,  see  ANIMALS. 
Trailing  of  criminal  with  bloodhounds,  see 

BLOODHOUNDS. 


DOMESTIC  RELATIONS. 

See  DIVORCE  AND  SEPARATION;  HUSBAND 
AND  WIFE;  INFANTS;  MARRIAGE;  MAS- 
TEB  AND  SERVANT;  PARENT  AND  CHILD. 


DOMESTIC  SERVICE. 

Annotations. 

Who  is  a  domestic  servant  within  mean- 
ing of  Workmen's  Compensation 
Act.  1917D,  147. 

As  a  necessary  within  statute  render- 
ing wife  or  her  property  liable 
therefor.  1917F,  S63. 

Effect  of  exclusion  of,  from  operation  of 
Workmen's  Compensation  Act.  1916D, 
412;  1917D,  1,  15. 

Evidence  as  to  wages  to  be  paid  under  con- 
tract for.  1915C,  1208. 

Implied  contract  for  extra  compensation  to 
household  servant  on  increase  in  size 
of  family.  1917D,  809. 

Opinion  evidence  as  to  value  of.  1917D, 
809. 


DOMICIL. 

For  purposes  of  divorce  suit,  see  DIVORCE 
AND  SEPARATION. 

Annotations. 

Extrat  rritorial  effect  of  judgment  fix- 
ing domicil.  1917C,  185. 

Domicil  or  residence  for  taxation  as 
affected  by  purpose  to  obtain  school 
facilities.  1917 A,  29O. 

Going  to  another  state,  county,  or  dis- 
trict to  teach  school  or  preach,  as 
effecting  a  change  of  domicil  or 
residence.  19 17 A,  294. 

Hiring  room  in  hotel  or  lodging  house 
as  effecting  domicil  or  residence. 
1917D,  788. 

Estoppel  as  to.     1917E,  490. 

Jurisdiction  of  probate  court  to  determine 

domicil  of  testator.     1916A,  718. 
Conclusiveness    of    judgment    determining. 

1917C,  171. 

Sufficiency  of  proof  of.     1916A,  718. 
Definition  of.     1917E,  490. 
Of  married  woman.     191BE,  1115. 
Of  deserted  wife.     1917B,  1028. 
For  purpose  of  independent  suit  for  alimony. 

1917E,  490 


Residence  for  purpose  of  election.     1917A, 

291. 
Retention  of  domicil  of  origin  until  another 

is  acquired.    1916E,  1115. 
Forfeiture  for  absence  on  business  of  the 

United  States.     1916E,  1115. 
Change    of;    intention.      1917 A,    285,    291; 

1917C,  171;  1917D,  785;  1917E,  490. 


DONATION. 

Of  public  money,  see  PUBLIC  MONEYS. 
In  general,  see  GIFT. 


DOORWAY. 

Annotation. 

Contributory     negligence     in    walking 

through  doorway  leading  to  place 

of  danger.    1917D,  892. 


DORMANT  JUDGMENT. 

Time  for  revival  of.    1916E,  735. 


DOUBLE  TAXATION. 

What   constitutes   generally.      1915C,    386; 

1916E,  404. 
In  case  of   inheritance   tax.     1915D,   450; 

1916A,  837. 


DOUBTFUL  TITLES. 

Special  performance  of  contract  in  case  of, 
see  SPECIFIC  PERFORMANCE. 


DOWER. 

Election  between  dower  and  provisions  of 
will,  see  WILLS. 

Annotation. 

Right  of  vendee  to  specific  performance 
-with  abatement  from  purchase 
price  because  of  dower  claim. 
1917F,  597. 

Inheritance  tax  on.    191 6C,  670;  1917F,  436. 

Burden  of  establishing  defense  in  action  for. 
1916C,  707. 

Effect  of  murder  of  husband  by  wife.  1916K, 
593. 

Covenant  of  woman  who  signs  husband's 
warranty  deed  to  convey  her  dower  in- 
terest, as  one  running  with  the  land 
1916D,  611. 

Diminution  of  purchase  price  by  value  of,  in 
action  for  specific  performance  of  con- 
tract to  convey  real  estate.  1915C,  367. 


152 


DRAFTS— DROVERS. 


DRAFTS. 

Attached  to  bills  of  lading,  see  BILLS  OF 

LADING. 
In  general,  see  BILLS  AND  NOTES. 


DRAINAGE  DISTRICT. 

Personal  liability  of  commissioners  of,  on 
undertaking  to  indemnify  surety  on 
bond.  1915A,  853. 

Liability  for  cost  of  construction  of  bridge 
across  drainage  ditch.  1915D,  249. 

Right  of,  to  take  property  without  com- 
pensation in  exercise  of  police  power. 
1915B,  486. 


DRAINS  AND   SEWERS. 

In  general. 

As  to  drainage  districts,  see  DRAINAGE  DIS- 
TRICTS. 

Municipal  liability  for  injury  resulting 
from,  see  MUNICIPAL  CORPORATIONS. 

Drainage  of  surface  waters,  see  WATERS. 

Right  of  one  granting  easement  for  con- 
struction of  water  conduit  to  construct 
sewer  above  it.  1915E,  432. 

Liability  for  cost  of  construction  of  bridge 
across  drainage  ditch.  1915D,  249. 

Power  of  municipality  to  contract  for  con- 
struction of  sewer.  1915A,  982. 

Ratification  of  contract  by  municipality  as 
to  sewer.  1915A,  982. 

Estoppel  of  municipality  to  deny  liability 
to  pay  for  sewer.  1915A,  982. 

Injury  by  open  drain  across  highway. 
1916F,  704. 

Recovery  for  consequential  injury  resulting 
from  construction  of.  1916F,  897. 

Measure  of  damages  for  injury  to  land  by 
construction  of  sewer.  1916E,  983. 

Injunctive  "elief  against  drain  constituting 
a  nuisance.  1916D,  426. 

Municipal  liability  for  nuisance  resulting 
from  sewage  disposal  plant.  1917C, 
1046. 

Pollution  of  water  by  sewage.  1915A,  282; 
1916F,  189. 

Depreciation  of  property  by  construction  of 
sewage  disposal  plant  as  a  "taking." 
1917C,  1046. 

Spreading  of  noxious  odors  by  sewage  dis- 
posal plant  as  a  damaging  of  property 
for  which  compensation  must  be  made. 
1917D,  683. 

Right  to  compensation  for  injury  to  lateral 
support  by  negligent  construction  of 
sewer  trench.  1917E,  574. 

Injury  to  gas  mains  laid  in  street  resulting 
from  construction  of  sewer.  1917E, 
1092. 


Assessments. 

Effect  of  judgment  in  plaintiff's  favor  in 
suit  against  city  to  enjoin  collection 
of  assessment  because  contract  was  not 
properly  made,  to  defeat  action  by  con- 
tractor against  city  for  value  of  work. 
1915A,  982. 

Assessments  as  a  taking  of  private  prop- 
erty for  public  use  without  compensa- 
tion. 1915D,  249. 

Liability  of  county;  payment- out  of  funds 
raised  by  general  taxation.  1915D,  249. 

Necessity  of  benefits.     1915D,  249. 

Assessment  of  railroad  right  of  way  for  con- 
struction of.  1915A,  129. 


DRAWING. 

Of  grand  jury,  see  GRAND  JURY. 


DRAYS. 


See  VEHICLES. 


DREDGE. 

Dredge  warranted  on  sale  of.     1915B,  477. 


DRESSMAKING     ESTABLISHMENT. 

Application  to,  of  statute  limiting  hours  of 
labor.    19170,922. 


DRILLS. 

Claim  for,  as  within  protection  of  contract- 
or's bond.     1917A,  336. 


DRIVER. 

Imputing  negligence  of,  to  passenger. 
1915A,  761;  1915B,  953;  1915C,  419 -, 
1916A,  1111;  1917A,  543;  1917E,  405; 
1917F,  444. 


DROUGHT. 

As  excuse  for  nonperformance  of  contract. 
1917A,  648. 


DROVERS. 

Liability  of  carrier  for  injury  to  caretaker 
of  live  stock  during  transportation. 
1917F,  1128. 


DROWNING— DURESS. 


153 


DROWNING. 

Annotation. 

Contributory  negligence  of  children 
drowned  in  pond,  reservoir,  etc. 
1917F,  1O9. 

Recovery  under  Workmen's  Compensation 
Act  for  death  of  employee  by.  1916A, 
10. 

Of  child,  liability  for,  generally.  1915A, 
150,  731;  1915D,  850;  1916D,  443. 


DRUGS  AND  DRUGGISTS.          . 

Annotation. 

Reformation  as  affecting  right  to  di- 
vorce on  ground  of  use  of  drugs. 
1917D,  364:. 

Divorce  on  the  ground  of  habitual  use  of 
drug;  reformation  as  defense.  1917D, 
361. 

Wife's  right  of  action  for  unlawful  sale  of 
opium  to  husband.  1917D,  732. 

Bequest  of  drug  store  as  passing  the  money 
rights  and  credits  of  the  concern. 
1917D,  426. 

Pleading  in  prosecution  for  fraudulent  state- 
ments as  to  drugs.  1916D,  164. 

False  statements  on  label  or  package  as  to 
curative  effect  of  drugs.  1916D,  164. 

Making  misbranded  drugs  contraband  of  in- 
terstate commerce.  1916D,  164. 


DRUNKENNESS. 

Annotations. 

Intoxication  of  person  operating  auto- 
mobile. 1917A,  313. 

Reformation  as  affecting  right  to  di- 
vorce on  ground  of.  1917D,  364. 

Liability  for  injury  to  child  on  sidewalk  by 
rightful  ejection  of  drunken  man  from 
saloon.  1917E,  271. 

Validity  of  contract  by  intoxicated  person. 
1915B,  1121;  1915E,  465. 

Ratification  of  contracts  made  while  in- 
toxicated. 1915B,  1121. 

As  affecting  criminal  responsibility.  1915E, 
1031. 

Question  for  jury  whether  one  who  killed 
another  while  drunk  had  sufficient  ca- 
pacity to  make  act  intentional.  1915A, 
538. 

Attempt  by  one  refused  ticket  because  he 
was  believed  to  be  intoxicated  to  board 
moving  train.  1916F,  543. 

Effect  of,  on  liability  for  negligence.  1917A, 
306. 

Of  person  injured,  effect  on  right  of  recov- 
ery generally.  1916B,  981;  1917A,  306; 
1917C,  464. 

Effect  of,  on  servant's  right  to  recover  for 
injury.  1916F,  95. 


Contributory  negligence  in  riding  in  auto- 
mobile with  knowledge  that  chauffeur  is 
drunk.  1915E,  588. 

Effect  of,  on  right  to  recover  under  Work- 
men's Compensation  Act.  1916A,  348; 
1917D,  15. 

Denying  alcoholism  after  injury  as  wilful 
misconduct  within  meaning  of  Work- 
men's Compensation  Act.  1916F,  955. 

Of  passenger,  effect  on  carriers'  duty. 
1916F,  484;  1917E,  663. 

Of  passenger,  effect  on  right  to  eject  for 
failure  to  pay  fare.  1915C,  148. 

Duty  to  warn  street  car  conductors  of  dan- 
ger from  intoxicated  passengers. 
1916E,  332. 


DUCKS. 

Exemption  of.     3f)16B,  786. 


DUE  PROCESS  OF  LAW. 

See  CONSTITUTIONAL  LAW. 

* » » 

DUES. 

From   member   of    benefit    society,    see    IN- 
SUEANCE. 


DUMMY  CORPORATIONS. 

Organization  of,  by  owner  of  quarry  to  avoid 
liability  for  injury  to  employees. 
1916D,  311. 


DUPLEX  RESIDENCES. 

Restrictive  covenants  as  to.     1917A,  333. 


DUPLICITY. 

Indictment,  see  INDICTMENT,  ETC. 
In  plea  to  indictment.     191 7B,  608. 


DURESS. 

Annotation. 

As  ground  of  attack,  on  divorce  decree. 
1917B,  4:57. 

Sufficiency  of  plea  of.     1917D,  440. 
Evidence  as  to,  in  prosecution  for  perjury. 

1917C,  52. 
Threat    to    enforce    claim    by    civil    action. 

1915B,  1;  1917F,  579. 


154 


DURESS— EASEMENTS. 


Threat    of    criminal    prosecution    of    self. 

1915D,  1122. 
Threat  or  fear  of  criminal  prosecution  of 

third     person.       1915D,     1118,     1122; 

1917B,  684;  1917D,  1170. 
Recovery    back    of    payments    made    under. 

1916B,  667. 
Fact  that  marriage  was  induced  by  duress 

as  ground  for  divorce.     1916E,  648. 
Annulment  of  marriage  for.     1915F,  977. 
In   demanding   premium   for   acceptance   of 

sum  due  on  long  time  loan  and  release 

of  security.     1915B,  498. 


DUST. 

Right  to  recover  for,  in  condemnation  pro- 
ceedings.    1915A,  887;   1915E,  634. 


DUTIES. 

Import  and  export  duties  as  regulation  of 
commerce,  see  COMMERCE. 


DUTY. 

Presumption  and  burden  of  proof  as  to  per- 
formance of.     1916D,  503. 


DWELLING. 

In  general,  see  BUILDINGS. 

Homicide  in  defense  of.    1915A,  73. 
Condemnation  of.     1916A,  1079. 
Apartment  house  as  dwelling  house.    1915F, 
651. 


DYING  DECLARATIONS. 

Admissibility  of,  see  EVIDENCE. 


DYNAMITE. 

Use  of,  in  blasting,  see  BLASTING. 

In  general,  see  EXPLOSIONS  AND  EXPLOSIVES. 

Annotation. 

Keeping     of,     on     insured     premises. 
1917C,  278. 

Mechanic's  lien  for.     1915B,  708. 

As  a  nuisance.     1916B,  716. 

Aiding   and   abetting   negligent   storage   of. 

1917F,  621. 
Negligent  storage  of,  as  proximate  cause  of 

injury.     1917F,  621. 
Liability  for   injury   to   child  by.      1915F, 

638;  1917C,  429. 


Liability  for  injury  to  property  by  explo- 
sion of,  during  transportation.  1916B, 
716. 

Injury  to  vessel  by  explosion  of  dyna- 
mite at  pier.  1916B,  716. 


EARNING  CAPACITY. 

Measure  of  damages  for  impairment  of. 
1916E,  464. 

Effect  of  marriage  of  woman  after  negli- 
4  gent  injury  on  right  to  recover  damages 
for  loss  of  time  and  earning  capacity. 
1916C,  589. 

Consideration  of  earning  capacity  in  fixing 
value  of  franchise  for  rate-making  pur- 
poses. 1917B,  930. 


EARNINGS. 

Annotation. 

Computation  of  average  earnings  un- 
.der  Workmen's  Compensation  Act. 
1917D,   175. 

Determination  of  average  earnings  as  basis 
of  award  under  Workmen's  Compensa- 
tion Act.  1916A,  371;  1917E,  277,  765. 

Loss  of,  as  element  of  damages.    1917A,  306. 


EASEMENTS. 

In  general. 

Creation;  how  acquired. 

—  in  general. 

—  by  prescription 

—  as  appurtenant;  by  necessity. 
Extent  of  rights;  duration. 

How  lost. 


In  general. 

Annotation. 

Interference  'with  view.     1917C,  1135. 

Imputing  notice  of.     1916D,  7. 

Duty  of  purchaser,  at  tax  sale  to  comply 
with  bid  for  property  which  is  subject 
to  easements.  1915D,  1115. 

Validity  of  unrecorded  deed  for  railroad 
right  of  way  as  against  subsequent  pur- 
chaser of  servient  land.  1916B,  (553. 

Who  may  enforce  covenant  creating  ease- 
ment of  light  and  air.  1917A,  524. 

Injunction  against  attempted  use  of  w  -  y 
under  claim  of  easement.  1915C,  345. 

Injunction  against  infringement  of.  1917A, 
524. 

Creation;   how  acquired. 

—  in  general. 

Creation  of  easement  by  deed  to  lot  in  pub- 
lic cemetery.  1915E,  1168. 


EASEMENTS— ELECTION . 


155 


Construction  of  irrigation  ditch  under 
parol  license  where  licensee  was  given  a 
permanent  right  of  way  until  recla- 
mation service  should  provide  other 
means  for  conducting  water  to  the  land 
of  licensee.  3915E,  605. 


—  by  prescription. 

Easement  of  eaves  drip. 


1916A,  689. 


—  as  appurtenant;  by  necessity. 

Conveyance  of  portion  of  tract  with  pipe 
line  for  water  supply  crossing  remain- 
ing property.  1916C,  355. 

Effect  of  possibility  of  securing  water  sup- 
ply under  right  of  eminent  domain  on 
right  to  easement  for  water  pipes. 
1915C,  355. 

Easement  of  way.     1915C,  345. 

Of  eaves  drip.     1916A,  689. 

Extent  of  rights;  duration. 

Annotation. 
Easement  of  way  as  including  the  right 
to  lay  pipes.     1917F,  449. 

Estoppel  as  to.     1915C,  345. 

Eight  of  one  granting  easement  for  construc- 
tion of  water  conduit  to  construct  sewer 
above  it.  1915E,  432. 

Right  to  ingress  and  egress  along  private 
way  as  giving  right  to  lay  pipes  for 
water  supply.  1915C,  355;  1917F,  446. 

Duration  of  easement  across  portion  of 
building  decreed  to  party  in  partition 
proceedings  "so  long  as  such  building 
shall  stand,"  where  deed  subsequently 
given  by  owner  of  the  servient  tene- 
ment to  the  holder  of  the  dominant 
tenement  recited  an  easement  to  him, 
"his  heirs  and  assigns  forever." 
1916D,  7. 

How  lost. 

Annotation. 

Change  in  r^iaracter  or  use  of  dominant 

tenement     as     affecting     easement. 

19 17 A,    528. 

Extinguishment  of  easement  created  in  favor 
of  church  lot  by  conversion  of  the 
church  building  into  a  business  house. 
1917A,  524. 

Effect  of  tax  sale  to  cut  off  easements  of  ad- 
joining property  owners.  1915D,  1115. 


EAVES  DRIP. 

Easement  of.     1916A,  689. 


EEUCATIONAL  FACILITIES. 

Moving   to    secure,   as    effecting    change    of 
domicil.     1917A,  285. 


EDUCATIONAL   INSTITUTIONS. 

See  SCHOOLS. 


EFFECT. 

Sufficiency  of  proof  of,  see  EVIDENCE. 


EGGS. 

Requiring  one  selling  imported  eggs  to  an- 
nounce that  they  are  imported.  1916E, 
1180. 


EGRESS. 

Easement  of.    1915C,  355. 
Recovery  for  interference  with  egress  from 
store.     1916D,  358. 


EIGHT-HOUR  LAW. 

See  MASTER  AND  SEBVANT. 


EJECTION. 

Of  passenger  or  trespasser,  see  CARRIEBS. 

Of  man  from  saloon;  injury  to  third  person 

by.     1917E,  271. 
Of  patron  from  theater.     1915B,  1119. 


EJECTMENT. 

In  general;  when  proper  remedy. 

Estoppel  to  sue  in  ejectment.     1916B,  653. 

By  husband  for  wife's  property.  1915D, 
996. 

To  recover  land  wrongfully  taken  for  rail- 
road tracks.  1916B,  653. 

Title  and  defenses. 

Necessity  that  plaintiff  show   his  right  to 

possession.     1915A,  200. 
Necessity  of   demand   or   re-entry.     1915A, 

679. 

Relief;  judgment. 

Necessity  that  successful  plaintiff  reimburse 
defendant  for  amount  expended  in  pay- 
ing off  mortgages.  1915F,  771. 


ELECTION. 

Of  officers,  see  OFFICERS. 

Between  counts,  see  TRIAL. 

To  take  under  will,  see  WILLS. 


156 


ELECTION  OF  REMEDIES— ELECTIONS. 


ELECTION  OF  REMEDIES. 

Choice. 

Effect;  pursuing  two  remedies. 


Effect   of   splitting  action,   see   ACTIOH   OB 
SUIT. 

Choice. 

Annotation. 

Exclusiveness  of  remedy  furnished  by 

Workmen's      Compensation      Acts. 

1917D,  93. 

Effect  of  other   remedy  on  right  to  man- 

damus.    1J17F,  912. 
Election  of  remedy  by  one  dealing  with  re- 

ceiver    acting    without     authority     as 

against     successor     legally     appointed. 

1916C,  516. 
On  conditional  sale  contract.     1916A,  922; 

1916E,  613,  615. 
Tort  or  contract.    1917B,  787. 
Filing  bill  to  cancel  contract  for  fraud  as 

bar  to  action  for  damages  for  its  breach. 

1917D,  652. 
For  breach  of  conditions  as  to  delivery  of 

papers  deposited  in  escrow.    1917E,  901. 

Effect;    pursuing    two    remedies. 

As  to  estoppel  by  inconsistent  acts  or  claims 

in  judicial  proceedings,  see  ESTOPPEL. 
Bar  of  former  judgment,  see  JUDGMENT. 


Bringing  suit  not  prosecuted  to  judg- 
ment as  a  conclusive  election  of 
remedies.  1917D,  657. 

Principal's  collecting  or  attempting  to 
collect  proceeds  of  contract  from 
agent  as  precluding  assertion,  as 
against  the  other  party  to  the  con- 
tract, of  the  agent's  fraud  or  lack 
of  authority.  1917D,  7O1. 

Suit  on  alleged  cause  of  action  that  does 
not  in  fact  exist  as  an  election  of  reme- 
dies. 1915B,  1179. 

Provisions  in  lease  accelerating  maturity  of 
future  rents  and  giving  lessor  right  to 
possession  upon  default  in  payment  or 
upon  insolvency  of  lessee  as  alternative 
or  concurrent.  1916B,  1099. 

Contracts  procured  by  fraud.    1915F,  962. 

Presentation  of  claim  in  bankruptcy  against 
vendor  as  bar  to  recovery  in  action 
against  third  parties  ultimately  respon- 
sible for  vendee's  loss.  1916C,  429. 

Right  of  seller  who  has  refused  to  permit 
buyer  to  reject  goods  to  acquiesce  there- 
in after  bankruptcy  of  buyer.  1916A, 
634 

Exercise  by  vendor  of  right  to  declare  for- 
feiture of  contract  followed  by  decree  of 
foreclosure  as  precluding  recovery  of 
overdue  instalments.  191  6C,  886. 


Right  of  indorsee  of  notes  given  for  purchase 
price  of  automobile  who  retakes  car  on 
failure  to  pay  matured  note,  to  bring  a 
suit  on  the  notes.  1917F,  462. 

Acceptance  by  injured  employee  of  compen- 
sation from  employer  for  physician's 
services  as  bar  to  action  for  malpractice 
against  physician.  1917A,  392. 

Election  to  proceed  against  principal  as 
bar  to  action  against  agent.  I917B, 
222. 

Bringing  of  suit  by  principal  against  agent 
to  recover  proceeds  of  sale  of  her  prop- 
erty by  agent  as  bar  to  suit  to  cancel 
the  deed  for  agent's  fraud.  1917D,  697. 


ELECTIONS. 

In  general. 

Qualifications  of  voters. 
Ballots. 

Result;  canvassing. 
Election  frauds;  crimes. 
Nominations;       primaries;       political 
committees. 

—  in  general. 

—  primary  elections. 
Contests. 


On  question  of  issuance  of  municipal  bonds, 
see  BONDS. 

At  stockholders'  meeting,  see  CORPORATIONS. 

Of  remedies,  see  ELECTION  OF  REMEDIES. 

As  to  initiative  or  referendum,  see  INITIA- 
TIVE, REFERENDUM,  AND  RECALL. 

As  to  local  option  elections,  fi^a  INTOXI- 
CATING LIQUORS. 

Mandamus  concerning,  see  MANDAMUS. 

Of  officers  generally,  see  OFFICERS. 

In  general. 

Right  of  taxpayer  to  maintain  action 
against  state  election  official  to  prevent 
waste  of  public  funds.  1915D,  485. 

Judicial  notice  as  to.    1915B,  788. 

Special  legislation  as  to.     1915A,  1190. 

Retrospective  operation  of  statute  as  to. 
1915A,  1009. 

Validity  of  provision  for  preferential  vot- 
ing. 1915B,  401;  1916B,  931. 

Effect  of  provision  for  preferential  voting  on 
voter's  right  to  vote  for  persons  other 
than  regularly  nominated  candidates. 
1915B,  401. 

Vote  of  municipality  for  incurring  indebted- 
ness. 1915 A,  904;  1915D,  978. 

Conspiracy  to  deprive  citizens  of  right  to 
vote.  1916A,  1124. 

Qualifications   of  voters. 

Partial  invaliditv  of  act  prescribing  qualifi- 
cations. 1916A,  1124. 

Residence.     1917A,  291. 

Discrimination  against  negroes.  1916A, 
1124. 

Right  of  women  to  vote,  generally.  1915F, 
898. 


ELECTIONS— ELECTRICITY. 


157 


Validity  of  statutes  conferring  suffrage 
upon  women.  1915B,  247. 

Effect  on  right  to  suffrage  of  woman's  mar- 
riage to  alien.  1916D,  127. 

Ballots. 

Persons  entitled  to  place  on  ballot.    1915A, 

1190. 
Use  of  voting  machines  in  casting.     1915C, 

513. 
Marking  choice.     1917A,  211. 

Result;    canvass! UK. 

Writ  of  error  to  review  canvass.  1917B, 
723. 

Who  may  maintain  action  to  determine  re- 
sult of  election.  1915D,  485. 

Conclusiveness  of  certificate  of  election  in 
mandamus  to  secure  office.  1915A,  832. 

Validity  of  provision  for  preferential  vot- 
ing. 1915B,  401;  1916B,  931. 

Result  of  local  option  election.    1915C,  513. 

Election  frauds;  crimes. 

Annotation. 

Delegation  to  judiciary  of  investigation 
of  election  frauds.  1917D,  104:6. 

Implied  withdrawal  of  offenses  from  opera- 
tion of  statute.  1916A,  1124. 

Statute  authorizing  judge  to  investigate. 
1917D,  1040. 

Corrupt  Practices  Act;  offer  by  candidate 
to  take  only  pprt  of  salary  if  elected. 
1917B,  191. 

Violation  of  Corrupt  Practices  Act  as 
ground  of  contest  of  election.  1917B, 
191. 

Instructions  in  prosecution  for  conspiracy 
to  deprive  negroes  of  right  to  vote. 
1916A,  1124. 

Nominations;  primaries;  political 
committees. 

—  in  general. 

Annotation. 

Mandamus  as  a  proper  remedy  to  en- 
force duties  unth  respect  to  nomi- 
nations. 1917E,  48O. 

Abolition  of  party  nominations  for  the  office 

of  judge.     1915A,  1190. 
Imposition    of    fee    for    filing    candidate's 

nomination.     1915B,  197. 

—  primary  elections. 

Annotation. 

Constitutionality  of  primary  election 
laws.  1917 A,  259. 

Writ  of  error  to  review  canvass  of  primary 
election  returns.  1917B,  723. 

Appeal  from  decision  in  primary  election 
contest.  1917B,  723. 

Failure  to  give  notice  of  primary  election 
contest.  1917B,  723. 


Primary  election  as  public  purpose  for 
whicl  taxes  may  be  levied.  1917B,  253. 

Candidate's  withdrawal  of  name.  1917A, 
996. 

Effect  of  disapproval  of  one  whose  name  is 
sought  to  be  placed  upon  presidential 
nominating  ballot.  1916E,  706. 

Validity  of  primary  election  law.  1915A, 
1190;  1917A,  253;  1917B,  718,  723. 

Contests. 

Contest  of  quo  warranto,  see  Qtro  WAK- 
EANTO. 

Failure  to  give  notice  of  primary  contest. 
1917B,  723. 

Appeal  from  decision  in  contest.  1917B, 
723. 

Presumption  and  burden  of  proof.  1917B, 
191. 

Right  to  send  contest  to  law  court  on  report. 
1917A,  211. 

Accepting  count  as  made  by  the  election 
officers  rather  than  that  found  at  the 
time  of  election  contest.  1917A,  211. 

Discarding  ballot  about  which  judges  are 
equally  divided  in  opinion.  1917A,  211. 

Violation  of  Corrupt  Practices  Act  as 
ground  of  contest.  1917B,  191. 

Right  of  successful  candidate  in  election 
contested  because  of  his  offer,  if  elect- 
ed, to  accept  part  only  of  salary  of  of- 
fice, to  question  constitutionality  of 
the  salary  act.  1917B,  191. 


ELECTRIC  BELL. 

At  railroad  crossing.     1917C,  978. 


ELECTRICITY. 

In  general. 

Injuries  resulting  from. 

—  in  general. 

—  contributory  negligence  of  per- 

son injured. 


In  general. 

As  to  electric  lights,  see  ELECTRIC  LIGHT. 
Pcwer  of  city  as  to  electric  lighting  general- 
ly, see  MUNICIPAL  CORPORATIONS. 

Implied  warranty  on  sale  of  wire  for  elec- 
tric transmission.  1915B,  900. 

Opinion  evidence  that  fire  was  caused  by 
lightning  following  electric  wire. 
1915A,  1045. 

Liability  of  corporation  organized  to  gene- 
rate, for  injury  to  lower  riparian  owner 
by  increasing  flow  of  stream.  1915E, 
294. 

Right  to  carry  electric  wires  over  railroad 
at  street  crossing.  1915B,  822. 

Interference  with  electric  wires  by  moving 
building  along  street.  1917C,  772. 

Right  to  maintain  poles  and  wires  in  high- 
way. 1917D,  660. 


358 


ELECTRICITY— ELEVATORS. 


Who  must  bear  cost  of  altering  apparatus 
of  consumers  upon  change  in  character 
of  current.  1915B,  897. 

Estoppel  by  mistake  in  bill  rendered  con- 
sumer of  electric  power.  1915B,  711. 

Effect  of  tender  of  amount  by  consumer  on 
right  to  discontinue  service  for  delay  in 
paying  bills.  1917C,  374. 

Injuries  resulting  from. 

—  in  general. 

Annotation. 

Applicability  of  res  ipsa  loquitur  in 
case  of  injury  to  servant  by  electri- 
cal appliances.  1917E,  248. 

Sufficiency  of  proof  of  negligence.  1917E, 
258. 

Review  of  discretionary  rulings  as  to  ad- 
mission of  evidence.  191 7E,  258. 

Measure  of  damages  for  injury.    1917E,  258. 

Injury  to  patron  of  electric  light  company 
by  electricity  generated  by  thunder 
storm  and  conducted  into  residence  by 
wires.  1915C,  570. 

Insulation.  1915C,  151,  405;  1917E,  242, 
258. 

Injury  by  wires  in  street.  1915D,  560; 
1917E,  258. 

Municipal  liability.  1915E,  316;  1916D, 
3064. 

Injury  to  licensee  or  employees  of  third  per- 
sons. 1915A,  510;  1915B,  1127;  1915E, 
316. 

Master's  duty  as  to  electrical  uses  and  appli- 
ances. 1916C,  1270;  1916D,  962; 
1917E,  242. 

Injury  to  trespassers.  1915A,  510;  1915C, 
151,  405;  1917B,  1291. 

—  contributory    negligence    of    person 

injured. 

Annotation. 

Contributory  negligence  of  children. 
1917F,  1OO. 


ELECTRIC  LIGHTS. 

Power  of  city  as  to  electric  lighting  general- 
ly, see  MUNICIPAL  CORPORATIONS. 
See  also  ELECTRIC  WIRES. 

Annotation. 

Duty  to  change  location  of  electric  light 

poles  in  street  or  higihivay.   1917D, 

603. 

Effect  of  tender  of  amount  by  consumer  on 
right  to  discontinue  service  for  delay  in 
paying  bills.  1917C,  374. 

Estoppel  by  mistake  in  bill  rendered  con- 
sumer of  electric  power.  1915B,  711. 

Who  must  bear  cost  of  altering  apparatus 
of  consumers  upon  change  in  character 
of  current.  1915B,  897. 

Due  process  in  regulating  rates.  1916E, 
358. 


Order  of  railroad  commission  fixing  maxi- 
mum rates  as  ex  post  facto  law.  litldK, 
358. 

Applying  order  of  commission  fixing  rates 
to  customer  who  has  contracted  for 
lower  rate.  1916E,  358. 

Sufficiency  of  evidence  to  sustain  finding 
that  cutting  of  electric  wires  during 
fire  was  proximate  cause  of  loss  of 
property.  1916D,  447. 

Right  of  company  to  sever  wires  to  store  in 
case  of  fire.  1916D,  447. 

Ejection  of  tenant  by  failure  to  furnish. 
1916E,  739. 

Liability  of  landlord  to  electric  light  com- 
pany for  requiring  tenants  to  discon- 
tinue such  company's  service.  1916B, 
813. 

When  right  of  action  for  sickness  caused  by 
operation  of  permanent  electric  light 
plant  arises.  1916E,  960. 


ELECTRIC  LIGHT  WIRE  AND 
BULBS. 

Claim  for,  as  within  protection  of  contract- 
or's bond.     1917A,  336. 


ELECTRIC   RAILWAYS. 

In  general,  see  STREET  RAILWAYS. 


ELECTRIC  WIRES. 

In  general,  see  ELECTRICITY. 

Implied  warranty  on  sale  of  wire  for  trans- 
mission of  electricity.  1915B,  900. 

Right  to  carry  electric  wires  over  railroad 
at  street  crossing.  1915B,  822. 

Right  to  maintain  in  highway.  1917D, 
660. 

Interference  with,  by  moving  building  along 
street.  1917C,  772. 

Claim  for,  as  within  protection  of  contract- 
or's bond.  1917A,  336. 


ELEEMOSYNARY  INSTITUTIONS. 


See  CHARITIES. 


ELEVATORS. 

Grain  elevators. 

Freight  and  passenger  elevators. 


Grain  elevators. 

Recovery  by  elevator  company  against  its 
manager  for  money  collected  by  him  for 
use  of  its  scales.  '  1916D,  777* 


ELEVATORS— EMBEZZLE  ME.N  T. 


Separate  taxation  of  elevator  sites  on  rail- 
road right  of  way.  1916E,  404. 

Freight  and  passenger  elevators. 

Annotations. 

Responsibility  of  general  employer  for 
negligence  of  employee  in  operat- 
ing elevator  for  convenience  of 
\vorkmen  not  in  former's  employ. 
1917E,  964. 

Contributory  negligence  of  children  on 
or  about  elevators.  1917F,  195. 

Attempt  of  one  insured  as  proprietor  of 
trucking  business  to  operate  elevator  as 
increase  of  risk.  1915D,  312. 

Recovery  under  Workmen's  Compensation 
Act  for  injury  in  operation  of  elevator. 
191 6A,  17. 

Liability  of  agent  for  negligence  as  to. 
1915E,  721. 

Husband's  liability  for  wife's  negligence  as 
to.  1915D,  847. 

Liability  of  owner  of  passenger  elevator  for 
negligence  of  manufacturer  of  the  appa- 
ratus. 1915D,  305. 

Liability  of  one  maintaining  elevator  for 
negligence  of  persons  employed  to  in- 
spect it.  1916C,  1245. 

Decree  of  care  required  of  one  maintaining 
pasrsenger  elevator.  1915E,  721;  1915F, 
260,  782. 

Liability  of  owner  of  passenger  elevator  as 
that  of  common  carrier.  1915D,  305. 

Presumption  and  burden  of  proof  as  to 
negligence.  1915D,  305. 

Error  in  admission  of  evidence  in  action  for 
injury.  1915D,  305. 

Sufficiency  of  proof  of  negligence.  1915E, 
745;  1916C,  1245. 

Fact  that  elevator  drops  several  feet  as  pas- 
senger is  about  to  enter,  a  proof  of 
negligence.  1916B,  1284. 

Operating  elevator  without  a  call  bell  in  un- 
finished building  not  open  to  the  public. 
1915E,  740. 

Negligence  of  owner  of  apartment  house  as 
to  automatic  elevator.  1917E,  696. 

Unguarded  wells  or  shafts.  19.1 5B,  364; 
1915E,  500,  721;  1917E,  696. 

Injury  to  independent  contractor  working 
upon  elevator  shaft  because  of  failure 
of  operator  to  keep  his  promise  not  to 
let  the  car  descend  below  a  certain 
floor  without  permission  from  the  con- 
tractor. 1917E,  961. 

Operator  of  elevator  as  fellow  servant  of 
stenographer  riding  thereon.  1915F, 
782. 

Contributory  negligence.  1915E,  500,  721, 
740;  1917E,  696;  1917F,  187,  260. 


ELIGIBILITY. 

To  judicial  office,  see  JUDGES. 

Of  officers  generally,  see  OFFICERS. 


ELISORS. 

Appointment    of,     to     select    grand    jury. 
1917C,  217. 


ELKS. 

Injunction  to  restrain  use  of  corporate  name 
of  which  the  word  "Elks"  forms  a  part. 
1915B,  1074. 


EMANCIPATION. 

Of  minor  child,  effect  on  father's  liability 
for  necessaries.  1916B,  1111;  1917B, 
690. 


EMBANKMENT. 

Diversion   or  obstruction  of  water  by,  see 
RAILROADS. 

Annotation. 

Contributory    negligence    of    child    in- 
jured by  fall  of.     1917F,  1O5. 


Increasing    overflow   of   water   by. 
700. 


1915C, 


EMBARGO. 

Annotations. 

On  exportation  of  arms  to  Mexico,  in- 
dictment for  violating.  1917  At 
281. 

Effect  of  insertion  of  unauthorized  pro- 
visions in  embargo  bond.  1917B,. 
996. 


EMBEZZLEMENT. 

Annotations. 

Title  of  one  who  takes  money  front  an 
embezzler.  19 17 A,  7O7. 

Proof  of  corpus  delicti.     1917 A,   1289. 

Proof  of  mere  failure  to  pay  over  mon- 
ey. 1917B,  1266. 

Agreement  to  recompense  one  whose  prop- 
erty has  been  stolen  or  embezzled. 
1915E,  139. 

Cancelation  of  deeds  and  notes  given  by 
wife  of  bank  cashier  to  save  him  from 
prosecution  for  embezzlement.  1917D, 
1170. 

Existence  of  trust  in  property  embezzled. 
1915B,  442. 

Trust  in  homestead  purchased  with  fund* 
misappropriated  from  employer.  1916C, 
578. 


160 


EMBEZZLEMENT— EMINENT  DOMAIN. 


Presumption  and  burden  of  proof  in  prose- 
cution for.  1917B,  1261. 

Evidence  in  prosecution  for.     1915A,  430. 

Duplicity  in  plea  to  indictment  for.  1917B, 
608. 

Liability  of  bank  for  embezzlement  of  de- 
posit by  officers.  1917A,  519. 

Fraudulent  conversion  as  essential  element 
of.  1917B,  1261. 

Proof  of  corpus  delicti.     1917A,  1287. 

By  corporate  officer  in  taking  money  under 
the  guise  of  salary  with  intent  of  em- 
bezzling it.  1917B,  608. 

Taking  funds  in  good  faith  in  belief  that 
owner  was  indebted  to  the  one  taking 
them.  1917A,  1287. 

By  mere  failure  to  pay  over  money  without 
demand.  1917B,  1261. 

Liability  as  for  embezzlement  of  one  who, 
having  borrowed  money  for  certain  pur- 
pose under  agreement  to  return  it  at 
certain  time,  applies  the  money  to  an- 
other purpose  and  fails  to  return  it. 
1916F,  90. 


EMBLEMENTS. 


See  CBOPS. 


EMERGENCY. 

Annotations. 

Contributory  negligence  of  child  in 
emergency.  1917F,  1O4. 

Contributory  negligence  of  children  on 
or  about  railroad  trades  in  emer- 
gency. 1917F,  162. 

Contributory  negligence  of  person  acting 
in.  1915E,  991;  1917D,  962. 


EMINENT   DOMAIN. 

In  general. 

Who  may  exercise. 

What  may  be  taken. 

For  what  purpose. 

Procedure. 

—  in  general. 

—  trial;  judgment;  award. 

—  appeal;  new  trial. 

Rights  and  remedies  of  owners  gener- 
ally. 

What  constitutes  a  taking  of,  or  in- 
jury to,  property. 

Right  to  compensation. 

—  necessity   of  making  compensa- 

tion. 

—  to  whom  the  compensation  must 

be  paid. 

—  payment  or  security. 
Consequential  injuries. 

—  in  general. 

—  by    construction    and    operation 

of  railroad. 

—  as  to  streets  or  highways. 


In  general. 

Measure  of  damages  in  condemnation  pro- 
ceedings, see  DAMAGES. 

Necessity  of  exercise  of,  before  laying  street 
railway  tracks  across  railroad.  1915D, 
843. 

Effect  of  possibility  of  securing  water  sup- 
ply under  right  of  eminent  domain  on 
right  to  easement  for  water  pipes. 
1915C,  355. 

Who  may  exercise. 

Who  is  a  common  carrier  entitled  to  exer- 
cise power  of  eminent  domain.  1916B, 
1089. 

What  may  be  taken. 

Application  to  dwelling  in  possession  of  ten- 
ant of  exemption  of  dwelling  house  from 
condemnation.  1916A,  1079. 

For  what  purpose. 

Annotation. 

For  purposes  of  logging  road  or  log- 
ging railroad.  1917  A,  1O2. 

Development  by  private  corporation  of  tract 
of  timber.  19 17 A,  94. 

Acquisition  of  natural  oyster  beds  for  pur- 
pose of  public  fisheries.  1915E,  443. 

Private  road.     1916B,  1089. 

Irrigation  of  lands  in  other  state.  191GC, 
1275. 

Procedure. 

—  in  general. 

Time  for  filing  claim  for  damages.     1916B, 

1193. 

Notice.    1916B,  1193. 
Parties  defendant.     1916F,  592. 
Cross-examination     of     witnesses.       1916D, 

1074. 
Prejudicial     error    in    remarks    of    judge. 

1916E,  420. 
Prejudicial  error  in  admission  of  evidence. 

1916E,  420. 
Discontinuance  of  proceedings.     1916C,  641. 

—  trial;  judgment;  award. 

Annotation. 

ConcJusiveness  of  judgment  or  order  in 
condemnation  proceedings  as  a  set- 
tlement of  rival  claims  to  the 
award.  19 17 A,  69O. 

What  concluded  by  judgment.     1917A,  685. 

Who  concluded  by  jrdjrment.     19] 7A,   685. 

Effect  of  judgment  to  settle  rival  claims  to 
award.  1917A,  685. 

Liability  of  claimant  to  whom  award  has 
been  paid,  to  other  claimant.  1917A, 
685. 

Propriety  of  decree  fixing  time  for  removal 
of  building,  etc.,  where  the  whole  prop- 
erty is  condemned.  1917E,  559. 

Failure  to  provide  for  payment  of  award. 
1916F,  592. 


EMINENT  DOMAIJS. 


161 


Interest  on  amount  of  rewari.  1916A,  1079 ; 
1916C,  1106;  1916F,  969. 

Action  to  recover  the  amount  due  upon  the 
award  as  proper  remedy  for  one  whose 
property  has  been  taken.  1916C,  1106. 

—  appeal;  new   trial. 

Raising  question  for  first  time  in  appellate 

court.     1917A,  685. 
Review  on  appeal  of  findings  of  trial  court. 

1917A,  685. 
Dismissal  of  appeal  from  commissioners  to 

court  because  bond  was  not  signed  by 

all  appellants.     1916E,  420. 

Rights  and  remedies  of  owners  gen- 
erally. 

Measure  of  damages  in  condemnation  cases, 
see  DAMAGES. 

Action  for  compensation  as  for  a  taking  as 
proper  remedy  rather  than  action  for 
nuisance.  1917B,  329. 

Proceeding  under  condemnation  statute  by 
one  whose  property  is  injured  by  sewage 
turned  into  stream  by  municipality,  to 
secure  compensation  or  compel  munici- 
pality to  condemn  the  right.  1915A, 
282. 

Action  to  recover  the  amount  due  upon  the 
award  as  proper  remedy  for  one  whose 
property  has  been  taken.  1916C,  1106. 

What  constitutes  a  taking  of,  or  in- 
jury to,  property. 

As  to  necessity  of  making  compensation  gen- 
erally, see  infra. 

As  to  consequential  injuries  from  "taking," 
see  infra. 

Annotations. 

Removal  of  lateral  support  as  consti- 
tuting damage  or  injury  within 
meaning  of  constitutional  provision 
against  taking,  damaging,  or  injur- 
ing property  for  public  use  without 
compensation.  1917E,  576. 

Requiring  connection  or  joint  use  of 
properties  of  public  service  corpo- 
rations as  a  taking  for  which  com- 
pensation must  be  made.  1917 E, 
1OS3. 

Sale  of  corporate  property  by  majority 
stockholders  to  effect  dissolution  of  cor- 
poration as  a  "taking"  of  the  property 
of  minority  stockholders.  1917A,  1174. 

Destruction  by  legislative  authority  of  trees 
affected  by  disease.  1917C,  894. 

Destruction  of  fruit  affected  with  disease. 
1915F,  894. 

Depreciation  of  property  by  construction  of 
sewage  disposal  plant.  1917C,  1046. 

Spreading  of  noxious  odors  by  sewage  dis- 
posal system.  1917D,  683. 

Injury  4  to  property  bv  smoke  and  cinders. 
1915E,  623. 

Imposition  on  owner  of  irrigation  ditch  of  . 
expense  of  constructing  and  maintain-  J 
ing  bridge.  1015E,  687. 

L.R.A.  Tri.  Index  1915-17.— 11. 


Requiring  reconstruction  of  railroad  bridge 
and  approaches  made  necessary  by 
building  of  levee  to  confine  flood  waters. 
1916F,  1181. 

Requiring  railroad  company  to  widen  span 
'of  bridge.  1915B,  486. 

Paying  expense  of  drainage  ditch  assessed 
against  county  by  special  assessments 
against  property  owners  as  a  taking. 
1915D,  249. 

Requiring  enlargement  of  plant  of  public 
service  corporation  so  that  rates  al- 
lowed will  not  give  a  fair  rate  on  in- 
vestment. 1916F,  756. 

Applying  order  of  commission  fixing  rates 
to  customer  who  has  contracted  for 
lower  rate.  1916E,  358. 

Requiring  telephone  company  to  permit 
rival  to  connect  with,  its  long  distance 
lines.  1916E,  748. 

Requiring  consumer  of  water  to  pay  cost 
of  meters.  1915A,  320. 

Right  to   compensation. 

—  necessity  of  making   compensation. 

What  constitutes  a  "taking"  for  which  com- 
pensation must  be  made,  see  supra. 

As  to  consequential  injuries  from  "taking," 
see  infra. 

Amount  of  recovery,  see  DAMAGES. 

Annotation. 

Compensation  for  right  of  redemption 
where  property  is  taken  in  condem- 
nation proceedings.  1917F,  SOI. 

Right  to  take  property  without  compensa- 
tion in  exercise  of  police  power.  1915B, 
486. 

Constitutional  provision  as  to,  as  prevent- 
ing Congress  from  conferring  immunity 
from  action  for  private  nuisance. 
1915A,  887. 

Application  to  Workmen's  Compensation 
Law  of  constitutional  provision  against 
taking  private  property  without  com- 
pensation. 1916D,  412. 

Making  failure  to  present  claim  a  specified 
time  before  date  fixed  for  hearing,  a 
waiver  thereof.  1916B,  1193. 

Sufficiency  of  notice  to  present  claims  for 
compensation.  1916B,  1193. 

What  restrictions  on  use  of  property  can  be 
made  without  violating  constitutional 
provision  against  deprivation  of  prop- 
ertv  without  compensation.  1917F, 
1050. 

What  is  "property"  which  cannot  be  taken 
or  damaged  without  compensation. 
1916C,  981. 

Right  to  redeem  from  foreclosure  sale  as 
property  distinct  from  the  real^estate; 
damages  for  prevention  of  its  exercise 
by  flooding  land  so  that  money  cannot 
be  borrowed  on  it.  1917F,  790. 

For  depreciation  of  property  by  permitting 
city  dump  to  become  a  nuisance.  1915C, 
747. 

Compensation  for  injury  by  operation  of 
garbage  incinerator  authorized  bv  legis- 
lature. 1917B,  329. 


162 


EMINENT  DOMAIN— ENCUMBRANCES. 


Requiring  coal  to  remain  unmined  under 
school  building  when  right  to  mine  was 
reserved  in  conveyance  of  the  property. 
1917E,  672. 

Right  of  owner  of  land  lying  between  inner 
and  outer  levee  to  compensation  for 
property  destroyed  by  cutting  of  the 
outer  levee  by  levee  commissioners. 
1916F,  1194. 

Right  of  water  company  to  take  water  from 
stream  without  condemning  right  of  ri- 
parian owners.  1916E,  981. 

Pollution  of  water  by  sewage.     1915A,  282. 

Taking  rights  or  injuring  property  of  abut- 
ting owner.  1915C,  981;  1915F,  1005; 
1916D,  1074. 

—  to  whom  the  compensation  must  be 

paid. 

Liability  of  claimant  to  whom  award  has 
been  paid,  to  other  claimant.  1917A, 
685. 

Rights  of  entryman  on  public  lands  who 
has  filed  declaratory  statement  as 
against  railroad  company  entering  with- 
out condemnation.  1916F,  969. 

Tenants.    1917C,  420. 

—  payment  or  security. 

Failure  to  provide  for  payment  of  amount 
awarded  before  possession  is  taken. 
1916F,  592. 

Consequential  injuries. 

—  in  general. 

As  element  of  damages,  see  DAMAGES. 

Injury  to  property  by  concussion  or  vibra- 
tion from  blast.  1916F,  897. 

—  by    construction    and    operation    of 

railroad. 

Remittitur  on  appeal  of  damages  for  inci- 
dental injuries.  1916E,  420. 

What  is  test  of  railroad  company's  liabil- 
ity for  damages.  1917D,  317. 

Distinction  between  damages  suffered  by 
public  generally  and  those  suffered  by 
owners  of  land  immediately  adjacent  to 
tracks.  1916E,  420. 

Right  of  one  owning  individually  land  ad- 
joining another  parcel  in  which  he  has 
an  estate  by  entirety  to  recover  for 
consequential  injuries  to  the  former  on 
condemnation  of  railroad  right  of  way 
through  the  latter.  1916D,  259. 

Right  to  recover  for  consequential  injuries 
caused  by  structure  properly  located 
and  operated  but  which  constitutes  a 
private  nuisance.  1917D,  317. 

Unavoidable  annoyance  or  injury  as  an  ac- 
tionable nuisance.  191 6E,  623. 

Interference  with  view  by  change  of  grade 
of  track  to  abolish  grade  crossing. 
1917C,  1131. 

Exposure  to  fire  and  hazard  to  persons  on 
the  property  of  manufacturing  plant 
through  which  road  is  constructed. 
1916A,  1079. 

Smoke,  cinders,  dust,  noise,  and  vibration. 
1915A,  887;  1915E,  634. 


—  as  to   streets  or  highways. 

Injury  to  lateral  support  caused  by  negli- 
gence in  constructing  sewer  trench. 
1917E,  574. 

Establishment  or  change  of  grade.  1915A, 
382;  1917C,  420,  1131. 

Railroad  in.     1915D,  397;  1917C,  1131. 

Subway  railroad  in  street.     1916A,  1290. 


EMPLOYEES. 

Bonds  for  fidelity  of,  see  BONDS. 
Rights,  duties  and  liabilities  of,  generally, 
see  MASTEE  AND  SERVANT. 


EMPLOYER'S   LIABILITY. 

See  MASTER  AND  SERVANT. 


EMPLOYMENT  AGENCIES. 

Annotation. 

Constitutionality  of  statute  forbidding 
talcing  of  fee  for  securing  employ- 
ment for  another.  1917B,  12SO. 

Requiring  private  agencies  to  secure  license. 
1916E,  1146. 

Validity  of  statute  forbidding  the  taking 
of  fee  or  commission  for  securing  em- 
ployment for  workers.  1917B,  1276; 
1917F,  1163. 

Construction  of  statute  forbidding  the  tak- 
ing of  a  fee  by.  1917B,  1276. 


ENACTING  CLAUSE. 

Effect  of  absence  of.     1915B,  1060. 


ENACTMENT. 

Of  ordinance,  see  MUNICIPAL  CORPORATIONS. 
Of  statute,  see  STATUTES. 


ENCROACHMENTS. 

Effect  of  illegal  encroachments  on  highway 
to  render  title  to  property  unmarket- 
able. 1916A,  1176. 


ENCUMBRANCES. 

Covenants  against,  see  COVENANTS  AND  CON- 
DITIONS. , 

On  insured  property,  see  INSURANCE. 

Conveyance  of  property  subject  to,  see  MORT- 
GAGE. 

Imputing  notice  of.     1916D,  7. 


ENFORCEMENT— EQUITY. 


163 


ENFORCEMENT. 

Of  covenants,   see  COVENANTS  AND   CONDI- 
TIONS. 
Of  judgment,  see  JUDGMENT. 


ENGINE. 

Injury  to  child  invited  by  engineer  to  ride 

on  engine.     1915E,  888. 
Master's  duty  as  to  safety  of.     1917F,  802. 


ENGINEER. 

See  LOCOMOTIVE  ENGINEER. 


ENLISTMENT. 

In  militia,  see  MILITIA. 
— . *  «» 


ENROLLED  BILL. 

Impeachment  of.     1915D,  110;  1916E,  1251. 
Absence  of  signature  of  speaker,  of  house. 
1915D,  119. 


ENTIRI3  CONTROVERS5T. 

Retaining   jurisdiction   to    dispose   of,    see 
EQUITY. 


ENTIRETY. 

Of  contracts,  see  CONTRACTS. 
Estate  by,  see  HUSBAND  AND  WIFE. 
Of  insurance  contract,  see  INSURANCE. 


ENTRY. 

In  books  of  account  as  evidence,  see  EVI- 
DENCE. 

Of  judgment,  see  JUDGMENT. 
On  public  lands,  see  PUBLIC  LANDS. 


EQUALITY. 

Of  license  tax,  see  LICENSE. 

In  taxation,  generally,  see  TAXES. 


EQUALIZATION. 

Of  tax  assessment,  see  TAXES. 


EQUAL  PROTECTION  AND   PRIVI- 
LEGES. 

See  CONSTITUTIONAL  LAW. 

4  «  »  -  • 


EQUITABLE  ASSIGNMENT. 

See  ASSIGNMENT. 


EQUITABLE  CONVERSION. 

By  wills,  see  WILLS. 

When  lessor's  interest  is  converted  to  per- 
sonalty under  lease  giving  option  to 
purchase  on  notice.  1916F,  352. 


EQUITABLE  ESTOPPEL. 

See  ESTOPPEL. 


EQUITY. 


EPILEPSY. 

Recovery  tinder  Workmen's  Compensation 
Act  for  death  by  fall  caused  by  epilep- 
tic seizure.  19i7E,  522. 

Assumption  by  epileptic  servant  of  risk  of 
seizure.  1915E,  369. 


In  general. 
Jurisdiction. 
Equity  principles. 


In   general. 

As  to  quieting  title,  see  CLOUD  ON  TITLE. 

Aid  of,  to  participant  in  illegal  contract, 
see  CONTRACTS. 

Jurisdiction  of  courts  generally,  see  COURTS. 

Jurisdiction  in  divorce  suit,  see  DIVORCE 
AND  SEPARATION. 

As  to  injunction,  see  INJUNCTION. 

Limitation  of  actions  in,  see  LIMITATION  OF 
ACTIONS. 

Reformation  of  instruments,  see  REFORMA- 
TION OF  INSTRUMENTS. 

As  to  specific  performance,  see  SPECIFIC 
PERFORMANCE. 

Subrogation  in,  see  SUBROGATION. 

Review  of  decision  in.     1915B,  475;  1917D, 

361. 
Prejudicial  error  as  to  findings  of  court  of. 

1915C,  367. 

Right  to  jury  trial  in.     1915D,  209. 
Allegations    for    equitable    relief.      1917B, 

267. 


164 


EQUITY— ESTATE  TAIL. 


Whether  action  is  one  at  law  or  in  equity. 

1917A,  336;   1917F,  692. 
Time  for  objection  that  cause  is  of  equitable 

and   not   of   legal    cognizance.      1915D, 

766. 
Time    for    interposing    defenses    in    equity. 

1917E,  490. 
Relief  under  prayer.     1915B,  881. 

Jurisdiction. 

Right  of  one  invoking  jurisdiction  of  equi- 
ty in  controversy  belonging  exclusively 
to  court  of  law,  to  raise  question  of 
jurisdiction  on  appeal.  1916B,  799. 

Limitations  on  exercise  of  jurisdiction'  of 
court  having  general  equity  of  jurisdic- 
tion. 1915E,  421. 

Necessity  of  resorting  to  equity  to  set  aside 
release  for  mistake.  1916B,  769. 

Equitable  remedy  of  chattel  mortgagee  seek- 
ing to  recover  possession  of  mortgaged 
property.  1916B,  1182. 

Of  suit  by  employer  to  reach  property  into 
.  which  employee  charged  with  care  of 
gold  dust  has  converted  gold  felonious- 
ly abstracted.  1915B,  442. 

Jurisdiction  to  dissolve  corporation  at  suit 
of  minority  stockholders.  1915A,  606. 

Suit  in  equity  to  compel  transfer  of  cor- 
porate stock  on  books  of  company. 
1917A,  54. 

Action  by  receiver  of  insolvent  bank  to  com- 
pel directors  to  account  for  loss  caused 
by  their  negligence.  1917A,  971. 

Of  suit  to  recover  on  life  insurance  policy 
notwithstanding  attempted  surrender  by 
insured  while  insane.  1915A,  872. 

Of  proceeding  to  determine  right  to  com- 
pensation for  pollution  of  stream  by 
sewage.  1915A,  282. 

Equitable  relief  to  property  owner  who  be- 
cause of  failure  to  receive  notice  of  con- 
demnation proceedings  fails  to  present 
claim  for  compensation  within  time  pre- 
scribed by  law.  1915B,  1193. 

Treating  reply  seeking  relief  for  mistake 
from  release  pleaded  in  defense  as  a 
bill  in  equity.  1916B,  769. 

To  prevent  irreparable  damage.  1915F, 
1012. 

To  avoid  multiplicity  of  suits.  1915D,  788; 
1915F,  1012. 

In  case  of  trust.     1915B,  442  -r  1916B,  1073. 

Effect  of  remedy  at  law.  1916A,  965; 
1916E,  718;  1917C,  75;  1917F,  744. 

Retaining  jurisdiction.  1915A,  549;  1915D, 
948;  1915F,  1012;  1917D,  357. 

Equity   principles. 

Refusal  of  aid  of  equity  to  accomplish  that 
which  is  in  violation  of  public  policy. 
1917B,  1269. 

Accounting  in  action  of  ejectment.  1915F, 
771. 

Right  of  equity  to  enforce  lien  of  corpora- 
tion upon  stock  and  dividends  of  one 
seeking  its  aid  to  compel  payment  of 
his  dividends  although  claim  on  which 
lien  is  based  is  barred  by  limitations. 
1917F,  1100. 


Coming  into  equity  with  clean  hands. 
1915A,  820;  1915B,  1052;  1916C,  218, 
487;  1916D,  116. 


EROSION. 

Change  of  channel  of  stream   by.     1916F, 
403. 


ERROR. 

As  to  appellate  review  in  general,  see  AP- 
PEAL AND  ERROR. 


ESCROW. 

Annotation. 

Liability  of  depositary  for  wrongful 
delivery  of  escrow.  1917E,  9O7. 

Treating  deed  deposited  in  escrow  as  a  mort- 
gage. 1915B,  492. 

Instrument  in  form  of  short  warranty  deed 
as  a  will  where  it  is  to  be  held  in  es- 
crow until  death  of  grantor.  1917C, 
964. 

Nature  of  estate  conveyed  by  warranty  deed 
to  be  held  in  escrow  until  death  of 
grantor.  1917C,  964. 

Right  to  impose  inheritance  tax  on  convey- 
ance by  deed  placed  in  escrow  by  stat- 
ute passed  after  delivery  of  deed  to 
custodian.  1917C,  961. 

Depository  in  escrow  agreement  as  agent  of 
both  parties.  1916A,  493. 

Delivery  of  deeds  deposited  in  escrow  in 
violation  of  instructions.  1916A,  493 ; 
1917E,  901. 

Substitutional  compliance  with  stipulations 
of  agreement.  1916A,  493. 

Acceptance  of  check  in  lieu  of  cash  by  de- 
pository. 1916A,  493. 


ESTATE. 

Joint  estates  or  estates  in  common,  see  CO- 
TEN  A  NCT. 

By  curtesy,  see  CUBTESY. 

As  to  dower,  see  DO\VER. 

By  entirety,  see  HUSBAND  AND  \YiFE. 

In  real  property  generally,  see  DEEDS; 
WILLS. 


ESTATE  TAIL. 


See  WILLS. 


ESTHETICS— ESTOPPEL. 


165 


ESTHETICS. 

Annotation. 
Exercise   of  police   power   for   esthetic 
purpose.      19 17  A,    122O. 

Validity  of  ordinance  establishing  building 
line  for  esthetic  purpose.  1915C,  981. 

Offense  to  esthetic  taste  as  ground  for  in- 
junction. 1916B,  1135. 


ESTIMATES. 

Statute  requiring  estimate  of  cost  by  coun- 
ty surveyor  before  letting  of  contract. 
1915A,  198. 


ESTOPPEL. 

• 

Of  municipality. 

Of  state. 

By  deed. 

By  bond  or  mortgage. 

By  record. 

Equitable  estoppel  or  estoppel  in  pais 

generally. 
Of  married  women. 

As  to  corporate  existence  or  powers. 
By  contracts  or  agreements  generally. 
By  conduct,  request,  or  admissions 

generally. 
By   assent. 
By  laches,  silence  or  acquiescence. 

—  in   general. 

—  as  to  real  property. 
By  negligence  or  fraud. 

By  inconsistency  in  acts,  claims,  etc. 

—  in  general. 

—  as  to  title. 

—  acts   or   claims   in  judicial   pro- 

ceeding. 

By  receiving  benefits. 
By   character  or  relation   of  parties. 
Who  affected. 


To  raise  question  on  appeal,  see  APPEAL  AND 

ERROR. 

Of  insured  or  beneficiary,  see  INSURANCE. 
Of  insurance  company,  see  INSURANCE. 

Of   municipality. 

Estoppel  to  deny  liability  on  bonds,  see 
BONDS. 

Annotation. 

To  object  to  transfer  or  mortgage  of 
privilege  to  use  streets  for  tele- 
graph, telephone,  or  other  quasi 
public  purjjose.  1917D,  711. 

Estoppel  of  municipality  furnishing  electric 
power  by  mistake  in  bill  rendered  ron- 
sumer.  1915B,  711. 

By  receiving  benefits.     1915A,  904. 


By  laches,  acquiescence,  or  recognition. 
1915A,  982;  1915B,  1084;  1916B,  927; 
1917C,  967. 

Of  state. 

Power  of  insurance  commission  to  estop 
state  to  enforce  insurance  laws.  1915B, 
976. 

By  delay.     1915C,  876;  1917A,  436. 

By  deed. 

Of  married  woman.    1917D,  228. 
Of  heirs.     1917D,  228. 
By  recitals!     1915A,  200. 

By  bond  or  mortgage. 

Estoppel  as  to  municipal  bonds,  see  BONDS. 

Estoppel  by  recitals  in  redelivery  bond. 
1915A,  1132. 

By  record. 

Annotations. 

Estoppel  of  divorced  spouse  to  attack 
divorce  decree.  1917B,  499. 

Right  of  plaintiff  in  a  suit  in  which  a 
decree  of  sale  was  rendered  to  as- 
sert as  against  a  purchaser  there- 
under a  title  or  interest  not  liti- 
gated in  the  suit.  1917C,  SSS. 

Estoppel  by  presentation  and  allowance  of 
account  in  bankruptcy  proceeding. 
1916C,  189. 

By  judgment.    1917A,  1188. 

Equitable  estoppel  or  estoppel  in 
pais  generally. 

Estoppel  of  municipality,  county,  or  state, 
see  supra. 

Estoppel  by  accord  and  satisfaction,  see  AC- 
CORD AND  SATISFACTION. 

By  election  to  attack  under  will,  see  WILLS. 

Annotations. 

Of  divorced  spouse  to  attach-  divorce 
decree.  1917B,  499. 

To  complain  of  insertion  of  unauthor- 
ised provisions  in  a  bond  required 
by  statute.  1917B,  1OO1. 

RigJit  of  purchaser  of  land  subject  to 
a  mortgage  to  question  the  valid- 
ity of  the  mortgage.  1O17C,  832. 

Raising  question  of,  for  first  time  on  ap- 
peal.    1917A,  685. 
Necessity  of  pleading.     1915A,  288;  1916B, 

697;  1917E,  539. 
Knowledge     or    reliance    of    other    party. 

1915A,  200. 
Of  one  purchasing  land  subject  to  mortgage 

to  question  the  validity  thereof.   1917C, 

829. 
To  set  up  fraud  in  discharge  of  mortgage. 

,  1916F.  418. 
To  deny  validity  of  change  of  beneficiary  in 

insurance  policy  not  made  in  accordance 

with  by-laws.     1916E,  588. 
To   claim    an   item   of   interest   omitted   by 

mistake    from    statement    of    account. 

1916A,  568. 


166 


ESTOPPEL. 


Of  partners  to  claim  that  discharge  of  part- 
nership in  bankruptcy  released  its  mem- 
bers. 1915F,  668. 

Of  guardian  to  deny  that  he  received  the 
amount  stated  in  his  report  of  a  sale 
of  the  ward's  real  estate.  1916A,  637. 

Of  mutual  benefit  society  to  raise  rates. 
1916A,  750. 

As  to  validity  of  local  improvement  assess- 
ments. 1915D,  772. 

Estoppel  of  owner  shipping  property  to  a 
factor  to  reclaim  it  as  against  pur- 
chaser from  factor.  1917B,  615. 

Inability  of  one  whose  exempt  "property  is 
seized  under  execution  to  give  bond  to 
stay  seizure  and  sale,  to  estop  him  from 
thereafter  attacking  sale.  1917  F,  732. 

Of  married  women. 
By  deed,  see  supra. 

Married  woman  subject  to  same  rule  of  es- 
toppel as  other  persons.  1916C,  233. 

To  assert  invalidity  of  conveyance  of  home- 
stead by  husband  in  which  wife  did  not 
join.  1916C,  233. 

By  permitting  improvements  or  expendi- 
tures. 1916C,  233. 

As  to  corporate  existence  or  powers. 

To  set  up  defense  of  ultra  vires,  see  COB- 

POEATIONS. 

To  inquire  into  legal  existence  of  de  facto 
corporation.  1916C,  189. 

By  contracts  or  agreements  generally. 

By  lease.     1915D,  467. 

Of  irrigation  company  which  has  taken  over 
the  system  of  irrigation  to  set  up  fail- 
ure of  predecessor  to  comply  with  con- 
tract with  state.  1916F,  236. 

Of  owner  of  property  attached  as  that  of 
another  by  receipt  given  to  secure  sur- 
render of  the  attached  property  by  of- 
ficer. 1916F,  939. 

Estoppel  of  ward  by  release  given  to  guar- 
dian. 1916E,  854. 

By  conduct,  request,  'or  admissions 
generally. 

Estoppel  by  admission  in  pleading.  1916D, 
792. 

By  voluntary  payment  of  judgment  after 
appeal  therefrom.  1917A,  1157. 

Estoppel  of  officer  to  claim  fees  by  state- 
ment before  election  that  he  would  not 
claim  them.  1917B,  176. 

Of  corporate  officers  to  deny  liability  on 
note.  1916B,  672. 

Estoppel  of  guardian  to  deny  that  he  re- 
ceived the  amount  stated  in  his  report 
of  a  sale  of  the  ward's  real  estate. 
1916A,  637. 

Estoppel  of  property  owner  who  directs 
broker  to  discontinue  negotiations  with 
prospective  customer,  and  himself 
enters  into  a  contract  with  such  cus- 
tomer, to  contest  broker's  right  to  com- 
mission. 1915A,  804. 


Estoppel  of  carrier  to  deny  liability  to 
transferee  of  forged  bill  of  lading  who 
relied  upon  a  telegram  by  it  to  a  brok- 
er, confirming  receipt  of  goods  corres- 
ponding to  those  described  in  the 
forged  bill.  1916D,  709. 

Estoppel  of  one  who  assists  in  financing 
construction  of  artificial  lake  to  com- 
plain of  it  as  a  nuisance.  1916E,  990. 

By   as-,ent. 

To  attack  divorce  decree.     1916F,  528. 

Estoppel  of  owner  of  property,  who  con- 
sents to  construction  near  it  of  arti- 
ficial lake,  to  treat  it  as  a  nuisance. 
1916E,  990. 

By  laches,  silence,  or  acquiescence. 

—  in  general. 

Estoppel   of  municipality,   see  supra. 
Estoppel  of  state,  see  supra. 
Laches  as  bar  to  action  generally,  see  LIMI- 
TATION OF  ACTIONS. 

Raising  question  of,  for  first  time  on  ap- 
peal. 1917A,  685. 

Effect  of  delay  of  one  issuing  check  in  pay- 
ment of  forged  note  to  assert  his  right 
to  proceeds  against  bank  collecting  it. 
1915B,  725. 

Estoppel  of  subscriber  to  charitable  fund 
who  permits  work  to  progress  in  carry- 
ing on  the  enterprise  without  objec- 
tion. 1917F,  1132. 

Of  railroad  company  which  by  long  acqui- 
escence leads  public  to  believe  that  per- 
son assuming  to  exercise  its  franchise 
has  its  consent  so  to  do.  1917D,  344. 

Of  bank  to  deny  authority  of  president. 
1915B,  1091. 

Of  cotenant  to  deny  authority  of  other  co- 
tenant  to  obligate  him  to  pay  mort- 
gage. 1916D,  149. 

Of  owner  of  property  attached  as  that  of 
another  to  set  up  his  claim  to  it. 
1916F,  939. 

—  as  to  real  property. 

Annotation. 

Right  of  plaintiff  in  a  suit  in  wTilcli  a 
decree 'of  sale  was  rendered  to  as- 
sert as  against  a  purchaser  there- 
iinder  a  title  or  interest  not  liti- 
gated in  the  suit.  1917C,  8SS. 

Estoppel  to  assert  claim  to  land  as  against 
purchaser  at  judicial  sale.  1917C,  838. 

Estoppel  of  vendee  to  seek  rescission  of  con- 
tract for  fraud  in  overvaluation  of 
the  property.  1915C,  613. 

Of  mortgagee.     1916F,  1067. 

Of  lessor.     191 5A,  288. 

Of  tenant.     1915E,  822;   1916F,  1063. 

Permitting  improvements  or  expenditures. 
1915A,  288;  1916B,  653;  1916C,  233, 
939,  1260. 


ESTOPPEL— EVIDENCE. 


167 


By  negligence  or  fraud. 

Annotation. 

failure   to   read   contract   as   affecting 

right    to    assert    fraud    in    respect 

thereto.     1917F,  637. 

Negligence  generally.     191 6F,  418. 

Negligence  as  to  commercial  paper.  1915A, 
166;  1915B,  815;  1915D,  741;  1916A, 
629;  1916E,  690,  906;  1917F,  453. 

Negligence  of  next  of  kin  in  failing  to  dis- 
cover defalcation  by  administrator. 
1915C,  518. 

Negligence  in  failing  to  read  contract. 
]917F,  633. 

Negligence  in  delivering  unindorsed  bonds 
into  another's  possession.  1916A,  629. 

Negligence  of  mortgagee  in  leaving  mort- 
gage for  safe-keeping  with  another  per- 
son bearing  his  name.  1916B,  840. 

Negligence  in  failing  to  place  land  contract 
on  record.  1916B,  1063. 

Fraud.      1915D,   939;    1916F,   418. 

By  inconsistency  in  acts,  claims,  etc. 

—  in  general. 

Of  state,  see  supra. 

Annotation. 

Principal's  collecting  or  attempting  to 
collect  proceeds  of  contract  from 
agent  as  precluding  assertion,  as 
ago 'nst  the  other  party  to  the  con- 
truct,  of  the  agent's  fraud  or  laclc 
of  authority.  1917D,  7O1. 

Estoppel  of  one  issuing  employer's  liability 
insurance  policy  to  insist  on  prepay- 
ment of  judgment  as  condition  of  lia- 
bility, by  assuming  defense  of  the  em- 
ployee's action.  1916D,  395. 

Estoppel  of  creditor  filing  proof  of  his  claim 
against  bankrupt  corporation  to  assert 
individual  liability  of  shareLolders. 
191 6C,  189. 

Of  property  owner  who  has  refused  to  pay 
broker's  commission  on  one  ground  to 
shift  his  position  and  defend  suit  for 
the  commissions  on  another  ground. 
191 7E,  1036. 

—  as  to   title. 

Waiver  by  conditional  v-.idor  of  right  to 
maintain  action  for  injury  to  property 
by  appearing  as  witness  for  vendee  in 
action  by  latter.  1917D,  214. 

—  acts   or  claims  in  judicial  proceed- 

ing. 

By  suing  on  part  of  claim,  see  ACTION  OB 

SUIT. 
By    election    of    remedy,    see    ELECTION    OF 

REMEDIES. 

Allegations  as  to  domicil  by  man  in  action 
by  him  for  divorce  as  estopping  him  in 
subsequent  action  by  his  wife  for  sep- 
arate maintenance.  1917E,  490. 


Estoppel  of  connecting  carrier  defending 
personal  injury  action  under  release 
from  liability  contained  TB  contract  of 
initial  carrier,  to  contend  that  its  own 
tariff  made  this  contract  unlawful. 
1917F,  1128. 

Estoppel  of  grantee  claiming  absolute  right 
of  way  across  grantor's  remaining 
property  to  claim  benefit  of  less  right 
admitted  by  the  grantor.  1915C,  345. 

Of  legatee  to  contest  validity  of  illusory  ap- 
pointment by  will.  1916D,  493. 

To  attack  divorce  decree.     1916F,  528. 

By  receiving  benefits. 

Of  municipality,  see  supra. 

Estoppel  of  employer  voluntarily  accepting 
Workmen's  Compensation  Act  to  deny 
its  validity.  1916A,  374. 

Estoppel  of  one  accepting  benefits  of  contract 
to  set  up  illegality  thereof.  1915B,  925. 

Estoppel  of  woman  accepting  benefits  of 
divorce  decree  to  maintain  independent 
suit  for  alimony  in  other  state.  1915E, 
421. 

Of  corporation  to  deny  liability  on  contract 
of  promoters.  191 6E,  1165. 

Effect  of  receiving  benefits  to  estop  bank 
from  denying  authority  of  cashier. 
1917A,  1021. 

Estoppel  to  assert  title  to  land  as  against 
purchaser  at  judicial  sale  by  acceptance 
of  proceeds  of  the  sale.  19170,  883. 

Acceptance  of  dividend  from  receiver  of  in- 
solvent bank  upon  demand  for  return 
of  check  deposited  after  bank  closed  it". 
doors  as  waiver  of  depositor's  right  of 
preference.  1917D,  1002. 

By  character  or  relation  of  parties. 

Of  tenant.     1916E,  696. 
Purchasers.     1916F,  1024. 

Who  affected. 

Principal  by  acts  of  agent.     1917A,   519; 

1917D,  1049. 
Heirs.     1916B,  1139. 


EVICTION. 

Of  tenant.     1915C,  649;  1916C,  491;  1916E, 
739;  1917C,  929,  931;  1917F,  713,  1086. 


EVIDENCE. 

In  general. 
Judicial  notice. 

—  in  general;  laws  and  ordinances. 

—  official    and   judicial   acts. 

—  political  and  historical  matters. 
Presumptions  and  burden  of  proof. 

—  in   general;   laws;    ordinances. 

—  establishing        allegations         or 

da  •'-•-?. 

—  defenses. 

—  exceptions  or  exemptions. 


168 


EVIDENCE. 


Presumptions    and   burden    of    proof— 
ront'd. 

—  status,  condition,  or  relation  of 

persons  generally. 

—  marriage;   identity;  divorce. 

—  death;    survivorship;   suicide. 

—  assent;   authority;  ratification. 

—  knowledge;    notice;    sanity;    ca- 

pacity; belief;  intent. 

—  malice;    criminal    intent;    prob- 

able cause. 

—  fraud  or  good  faith;  undue  in- 

fluence. 

—  truth;  innocence;  guilt. 

—  f  ro3ii     silence;     withholding     or 

destroying  evidence. 

—  corporations;   partnership. 

—  continuance;    cause. 

—  as  to  skill;  negligence;  care. 

—  as   to  official  acts. 

—  from   circumstances  and  course 

of  business. 

—  as    to    rights,   contracts,   instru- 

ments, and  property. 

—  payment;  credit. 

—  miscellaneous. 
Best  and  secondary. 
Documentary  evidence. 

—  in  general;  genuineness  and  va- 

lidity. 

—  certificate;    award. 

—  judgments  and  judicial  records. 

—  pleadings  and  papers  in  suit. 

—  evidence     previously     taken,     or 

used;   affidavits. 

—  tax  book  or  list. 

—  accounts  and  account  books. 

—  letters,  telegrams,  etc. 

—  records  and  papers  of  corpora- 

tion or  carriers. 

—  notes;   checks. 

—  memoranda. 
Demonstrative  evidence;  articles  and 

things. 

Parol  and  extrinsic  evidence  concern- 
ing writings. 

—  in   general. 

—  custom   or  usage. 

—  prior  and  collateral  parol  agree- 

ments. 

—  subsequent  changes. 

—  meaning;     intention;      explana- 

tion. 

—  as  to  commercial  paper. 

—  consideration. 

—  fraud;  mistake. 

—  condition;  trust;  mortgage. 

—  to  identify  subject  or  person. 

—  concerning  records. 

—  character   of   party. 
Opinions  and  conclusions. 

—  in   general. 

—  hypothetical  questions. 

—  cause  and  effect. 

—  values;    damages. 

—  physical   conditions. 

—  sanity;    capacity;   character. 

—  value;  damages. 

—  estimates     of     quantity;     speed; 

time. 

—  intent;    motive;    mental    condi- 

tions. 


Confessions;     testimony     or     evidence 

wrongfully   obtained. 
Admissions. 
Hearsay;  declarations;  res  gestse. 

—  in  general;  pedigree. 

—  confidential  communications. 

—  party's    own    acts    and    declara- 

tions. 

—  acts   and   declarations    of   third 

persons  generally. 

—  acts   and   declarations  of  agent 

or  representative. 

—  acts    and   declarations    of   part- 

ner,   associate,   or   co-conspir- 
ator. 

—  threats. 

—  dying  declarations. 
Relevancy  and  materiality. 

—  in  general. 

—  custom  or  habit. 

—  character;  reputation;  age. 

—  knowledge;  notice;  belief;  men- 

tal capacity. 

—  intern;   purpose;  motive;  fraud; 

good  faith;  malice. 

—  prices;  values. 

—  damages. 

—  care;   skill;   negligence. 

—  suggestive  facts;  facts  support- 

ing inferences. 

—  circumstances. 

—  similar  acts  or  facts. 

—  explanation  and  rebuttal. 

—  payment;    consideration;    credit, 

—  contracts. 

—  pecuniary       condition;       family 

circumstances. 

—  personal    relations. 

—  criminal  matters  generally. 

—  identification. 

—  justification;   mitigation. 

—  miscellaneous. 
Weight,   effect,   and   sufficiency. 

—  in   general. 

—  cause  and  effect. 

—  fraud    or    good    faith;    malice; 

probable    cause;    undue    influ- 
ence. 

—  negligence;  skill;  care. 

—  as  to  property  rights. 

—  matters   as  to   persons;   relation 

of  parties. 

—  to   overcome  writing. 

—  official     acts     or     records;     de- 

monstrative   evidence. 

—  contracts;    gifts. 

—  wills. 

—  miscellaneous    civil   cases. 

—  criminal  cases. 

Admissibility  under   particular  plead- 
ings. 

Variance. 


In  general. 

Prejudicial  error  as  to,  see  APPEAL  AND  ER- 
ROR. 

Review  of  discretionary  rulings,  see  APPEAL 
AND  ERROR. 

Waiver  of  objecticns  as  to,  see  APPEAL  AND- 
ERROR. 


EVIDENCE. 


169 


First  raising  objection  as  to,  on  appeal,  see 

APPEAL  AND  ERROR. 
On  appeal,  see  APPEAL  AND  ERROR. 
As  part  of  record  on  appeal,  see  APPEAL  AND 

ERROR. 

Reception  of,  on  trial,  see  TRIAL. 
Demurrer  to,  see  TRIAL. 

Annotations. 

Applicability  in  proceeding  to  punish 
criminal  contempt  of  rules  of  evi- 
dence in  criminal  cases.  1917B, 
118. 

Errors  in,  reception  of  testimony  to 
support  attnclt,  on  divorce  decree. 
1917 B,  432,  511. 

tfeivly  discovered  evidence  as  ground 
for  opening  decree  of  divorce. 
19173,  466. 

Prolwtr   of  will  as  evidence.      1917E, 


Offer  in  evidence  by  attorney  of  release 
which  he  knows  is  invalid,  as  ground 
for  suspension.  1917B,  378. 

Seizure  of  property  of  one  person  for  use 
as  evidence  against  another.  1915E, 
399. 

Cost  of  procuring.     1915B,  1052. 

Admissibility  of  oral  evidence  in  proceeding 
to  oust  officer.  1916D,  1090. 

Quashing  of  indictment  because  of  consid- 
eration of  incompetent  evidence  by  the 
grand  jury.  1917B,  608. 

Kew  trial  for  newly  discovered  evidence. 
1915B,  243;  1915C,  302;  1915F,  797; 
1916B,  745,  1132;  1916C,  566,  1152, 
1155;  1916D,  519;  1916F,  1044,  1251; 
1917D,  571;  1937E,  668;  1917F,  1043. 

Sufficiency  of  objections  and  exceptions  to. 
19]  5E,  202,  991;  1915F,  558;  1916A, 
1079,  1240;  1916C,  351,  1214;  1916F, 
382;  1917A,  740;  1917B,  1143. 

Necessity  for  exception  to  admissica  of. 
1915A,  491. 

Sufficiency  of  assignment  of  error  to  ad- 
mission of  evidence.  1916E,  420. 

Sufficiency  of  assignment  of  error  to  exclu- 
sion of.  1917D,  980. 

Estoppel  to  object  to  admission  of.  191  PA, 
120. 

Striking  out.     1915B,  1121. 

Judicial  notice. 

—  in  general;  laws  and  ordinances. 

Of  the  evidence  going  to  make  up  the  his- 
tory of  a  statute.  1916B,  1277. 

As  to  danger  in  use  of  X-ray  machine. 
1915D,  201. 

As  to  comparative  safety  of  different  types 
Of  cars.  1915D,  458. 

As  to  danger  of  bartender's  position.  1916F, 
957. 

Effect  of  street  sweepings  on  health.  1915C, 
741. 

Custom  of  carriers.     1916A,  545. 

Institution  of  bankruptcy  proceedings. 
1916E,  303. 


—  official  and  judicial  acts. 

Judicial  i  .cords  and  decisions.  1915D,  817, 
1916A,  711. 

—  political  and  historical  matters. 
As  to  elections,  1915B,  788. 

Presumptions  and  burden  of  proof. 

—  in   general;   laws;    ordinances. 

Presumptions  on  appeal,  see  APPEAL  AND 
ERROR. 

Annotation. 

Burden  of  proof  where  divorces  are 
attached.  1917B,  433. 

Instructions  as  to.     1915D,  547. 

Validity  of  statute  as  to.  1915C,  716; 
1915D,  98;  1916C,  278;  1916D,  412; 
1917B,  710;  1917D,  15. 

Presumption  that  legislature  intended  stat- 
ute imposing  inspection  fees  to  operate 
as  it  does  in  fact  operate.  1917D,  746. 

Regularity  of  passage  of  statute.  1915A, 
1210. 

Law  of  other  state.  1916A,  1167;  1916F, 
866. 

Ordinances.    1917F,  1050. 

—  establishing   allegations  or  claims. 

Duty  of  claimants  under  Workmen's  Com- 
pensation Act  to  establish  right  to 
compensation.  1916A,  333. 

Duty  of  one  asserting  invalidity  of  mar- 
riage to  prove  such  invalidity.  1917E, 
921. 

Necessity  that  one  seeking  to  recover  against 
alleged  assignee  of  lease  should  prove 
assignment  and  transfer  of  the  lease  to 
the  defendant.  1917E,  975. 

—  defenses. 

Burden  of  proving  that  owner  of  building 
not  equipped  with  fire  escapes  had  so 
recently  purchased  the  building  that  lia- 
bility rested  on  his  predecessor.  1917E, 
250. 

Burden  of  proving  usury  set  up  as  defense. 
'1917F,  916. 

In  action  on  insurance  policy.     1917F,  663. 

—  exceptions  or  exemptions. 

Annotation. 

Burden  of  proof  ichere  lessee  of  mine 
seelcs  to  bring  him&elf  'within  pro- 
vision of  the  lease  excusing  pay- 
ment of  minimum  royalties. 
1917E,  1078. 

Eurden  of  proving  that  act  alleged  to  be 
in  violation  of  statute  was  within  an 
exception  therein.  1915D,  408. 

Exception    in    charter    party.      1915C,    423. 

—  status,     condition,     or     relation     of 

persons   generally. 

Prejudicial  error  in  instruction  as  to  char- 
acter     1916D.   590. 
Intoxication.    1917D,  15. 


170 


EVIDENCE. 


Eligibility  for  office.    1917A,  1244. 
Good  character.     1915D,  1070. 

—  marriage;   identity;    divorce. 
Marriage.     1915A,  200;  1915E,  186;  1916C, 

707;   1917E,  921. 
Divorce.     1916C,  707;   1916F,  819. 

—  death;   survivorship;  suicide. 

Annotation. 

Validity  and  effect  of  by-law  of  mutual 
benefit  society  refusing  to  pay 
benefit  upon  presumption  of  death 
from  seven  years'  absence.  1917C, 
1032. 

Death.  1915B,  728,  744,  749,  756;  1915D, 
176;  1916C,  707;  1916F,  438,  819; 
1917A,  183;  1917C,  1029. 

—  assent;  authority;  ratification. 

Validity  of  statute  as  to.     1916D,  412. 
Assent;    acquiescence.     1916D,  412;   1917E, 

1103;   1917F,   761. 
Authority  of  agent.    1917E,  539. 
Ratification.     1916C,  125. 

—  knowledge:  notice;  sanity;  capr->ity; 

belief;  intent. 

Knowledge;  notice.     1916E,  1203. 

Intent  of  legislature.    1917D,  746. 

Intent  to  restrict  power  of  legislature  to  en- 
act local  or  special  laws.  1917E,  456. 

Intent  not  to  perform  marriage  promise. 
1915D,  1190. 

Intent  of  testator.    1916C,  613 ;  1917D,  713. 

Sanity  generally.     1915D,  334,  1095. 

—  malice;    criminal    intent;    probable 

cause. 

Malice.      1915A,   104;    1915C,   774;    1916D, 

391;  1917B,  350. 
Probable  cause.    1917B,  350. 
Criminal  intent.     1916C,  278. 

—  fraud    or   good   faith;    undue    influ- 

ence. 

Validity  of  statute  as  to.     1915C,  716. 

Fraud  in  contract.     1915E,  648. 

Fraud  of  directors  of  insolvent  bank.  1915C, 

716. 

Good  faith;  bona  fides.     191 6D,  1138,  1280. 
Undue  influence.     1916C,  946;   1916E,  692; 

1917E,   1060. 

—  truth;  innocence;  guilt. 

Innocence.  1916E,  64;  1916F,  819;  1917C, 
52. 

—  from    silence;    withholding    or    de- 

stroying  evidence. 

Presumption  from  silence  of  accused,  who 
takes  the  stand  as  a  witness,  in  regard 
to  incriminating  circumstances  already 
in  evidence.  1917F,  502. 

Failure  of  employer  to  produce  record  of 
cars  with  which  employee  was  at  work 
when  injured.  1915D,  557. 

Failure  to  call  witnesses.  1917B,  310; 
1917E,  215. 


—  corporations;  partnership. 

Presumption  as  to  conduct  of  business  by 
interstate  carriers  in  violation  of  Fed- 
eral legislation.  1917A,  265. 

Burden  of  proving  carrier's  failure  to  com- 
ply with  requirements  as  to  filing  rate 
schedules.  1917A,  265. 

—  continuance;  cause. 

Continuance    of    mental    disorder.      1915D, 

1034. 

Cause  of  injury  to  vessel.     1915C,  423. 
Cause    of    injury    to    goods    transported. 

1915D,  547. 
Cause  of  personal  injury  or  death.     1915D, 

358,  524;  1917D,  15. 

—  as  to  skill;  negligence;  care. 

Annotations. 

Applicability  of  rule  res  ipsa  loquitur 
as  between  master  and  servant. 
1917E,  4. 

Applicability  of  res  ipsa  loquitur  in 
case  of  injury  to  servant  by  explo- 
sion. 1917E,  187. 

Applicability  of  res  ipsa  loquitur  in 
case  of  injury  to  servant  by  fall 
of  object.  1917E,  2O1. 

Applicability  of  res  ipsa  loquitur  ;n 
case  of  injury  to  servant  bi/  derail- 
ment of  rolling- stock,.  1917E,  212. 

Applicability  of  res  ipsa  loquitur  in 
case  of  injury  to  servant  from  de- 
fect in  rolling  stoc7c.  1917E,  226. 

Application  of  res  ipsa  loquitur  in  cane 
of  injury  to  servant  by  breaking  of 
rope,  chain,  etc.  1917E,  239. 

Applicability  of  res  ipsa  loquitur  in 
case  of  injury  to  servant  by  elec- 
trical appliances.  1917E,  248. 

Instructions  as  to.     1915D,  547. 

Effect  of  pleadings  on  right  to  rely  on  doc- 
trine res  ipsa  loquitur.  lOioF,  992, 
1000. 

Doctrine  of  res  ipsa  loquitur  as  requiring 
jury  to  find  in  favor  of  negligence. 
1917E,  215. 

Wilful  negligence.     1917D,  15. 

Negligence  of  bailee.     1915 A,  594. 

In  case  of  injury  to  servant.  ]913F,  15; 
1917E,  1,  78,  182,  198,  215,  233.  242. 

Validity  of  statute  as  to,  in  case  of  injury 
to  servant.  1917D,  15. 

Assault  on  passenger.     1916C,  358. 

Injury  to  passenger  on  scenic  railway. 
1917B,  1091. 

Injury  to  passenger  on  elevators.  1915D, 
305;  1916B,  1284. 

Injury  to  passenger  by  derailment.  1916F, 
1174;  1916C,  351. 

Injury  to  street  car  passenger  by  bursting 
of  an  electric  light  bulb.  1916A,  927. 

Injury  to  passenger  falling  into  space  be- 
tween cars  in  passing  from  one  to  an- 
other. 1916D.  1109. 

Injury  to  passenger  by  sudden  jerk  of  car. 
1916E,  348,  355;  1917C,  384. 


EVIDENCE. 


171 


Death  of  passenger  thrown  from  train  by 
sudden  setting  of  emergency  brake  due 
to  another  passenger's  meddling  with 
brake  apparatus.  1917F,  1020. 

Theft  from  berth  of  passenger  in  sleeping 
car.  1915B,  621. 

Loss  of,  or  injury  to,  goods  during  trans- 
portation.. 1916D,  644,  974;  1917C, 
507. 

Negligence  of  shipper  in  permitting  escape 
of  cars  from  sidetrack  during  loading 
on  to  main  track.  1917C,  768. 

Injury  at  highway  crossing.     1917C,  978. 

Negligence  in  sale  of  unfit  food.  1917B, 
1272. 

Obstruction  of  water  by  railroad  embank- 
ment. 1917A,  501. 

Injury  by  falling  object.  1915B,  426; 
1915C,  704,  710;  1916F,  1121. 

Killing  of  geese  on  railroad  track.  1915B, 
163. 

Negligence  in  permitting  escape  of  gas. 
1915E,  1022. 

Negligence  of  telephone  company  in  failing 
to  furnish  service.  1915C,  450. 

Telegraphs.     1915A,  120. 

Explosion.  1915D,  830;  1916E,  1074; 
1917C,  487. 

Contributory  negligence.  1915F,  558; 
1916C,  1208;  1916D,  1109;  1917D,  15, 
690;  1917F,  851. 

—  as  to  official  acts. 

Presumption  that  state  will  reduce  inspec- 
tion fees  which  prove  to  be  excessive. 
1917D,  746. 

Presumption  "that  officers  had  acted  in  ac- 
cordance with  law.  1917F,  545. 

Proper  performance  of  duty  by  board  of 
equalization.  1916E,  404. 

Assessment  of  taxes.     1915C,  929. 

Public  improvement  acsessments.  1915D, 
772. 

Election  contest.     1917B,  191. 

Validity  of  judgment.     1916A,  1181. 

—  from    circumstances    and    course    of 

business. 

Receipt  of  postal  card  properly  addressed 
and  mailed.  1917C,  416. 

—  as  to  rights,  contracts,  instruments, 

and  property. 

Annotation. 

Burden  of  proof  where  lessee  of  mine 
seeks  to  bring  himself  within  pro- 
vision of  the  lease  excusing  pay- 
ment of  minimum  royalties. 
1917E,  1O78. 

Burden  of  proving  that  holder  of  usurious 
paper  purchased  it  before  maturity 
without  notice  of  the  usury.  1917F, 
916. 

Permanency  of  appropriation  of  water  for 
public  water  supply.  1916E,  981. 

Presumption  that  deed  executed  to  wife  of 
purchaser  of  land  was  executed  in  dis- 
charge of  the  contract.  1917D,  228. 

In  action  to  enforce  covenant.     1917A,  323. 


In  action  for  breach  of  contract.     1917A, 

1068. 
Performance     or     tender     of    performance. 

1917A,  1068. 
Presumption    that    contract    is    free    from 

champerty.     1916E,  64. 
Contracts  of  sale.     1915B,  626;  1915E,  373. 
Deed.     1916D,  653. 
Negotiable  paper.    1915B,  475;  1916A,  731; 

1916D,  761;   191 6F,  209;   1917C,  1005; 

1917E,  535,  1060. 
Gift.     1915E,  648. 
Forgery  of  will.     1916B,  635. 
In  action  against  lessee  in  oil  and  gas  lease 

for  injury  due  to  failure  to  drill  wells. 

1917E,  975. 
Genuineness   of   written   consent  by   infant 

remaindermen  to  sale  by  administrator. 

1917E,  1103. 
Agreement  for  compensation  for  services  in 

addition    to    contract    price.       1917E, 

1060. 
Release  from  liability  for   injury.     1916B, 

769. 
Insurance    matters.      1915B,    756;     1915D, 

358;   1916E,  1203;   1916F,  783;   1917A, 

299;   1917F,  663,  1061. 

—  payment;  credit. 

Application  to  Federal  government  of  pre- 
sumption of  payment  from  lapse  of 
time.  1916B,  734. 

Presumption  that  money  paid  out  by  bank 
was  not  paid  from  trust  fund.  1916C, 
6. 

—  miscellaneous. 

Custom  and  usage.     1916D,  974. 

Unfair  competition.     1916E,  632. 

Conscious  suffering  of  one  injured.  1916C, 
817. 

Circumstances  in  mitigation  of  damages. 
1916D,  820. 

Adulteration  of  food.     1915B,  774. 

Diligence  of  lessee  in  conducting  mining 
operations.  1915E,  1057. 

In  proceeding  as  to  custody  of  child.  1915E, 
1019. 

In  prosecution  for  embezzlement.  1917B, 
1261. 

Presumption  that  person  dying  intestate 
has  left  heirs.  1915E,  758. 

Burden  of  proof  as  to  mortgage  debt  in  ac- 
tion against  mortgagee  for  conversion 
of  mortgaged  chattels.  1915E,  192. 

Burden  of  proving  that  servant  violating 
rules  did  so  in  performance  of  duty. 
1915D,  503. 

Burden  of  proving  that  laws  of  religious 
denomination  oust  the  courts  of  juris- 
diction. 1917D,  994. 

Duty  of  one  seeking  recovery  for  injuries 
within  side  lines  of  street  at  railroad 
crossing  to  show  where  the  side  lines 
are.  1917E,  819. 

Best  and  secondary. 

Annotation. 

Secondary   evidence   of   writing  which 

is    beyond    territorial    jurisdiction 

of  court.      19171),   530. 


172 


EVIDENCE. 


Preliminary  proof.     1917E,  1060. 

Parol  evidence  of  contents  of  letter  outside 

of  court's  jurisdiction.     1917D,  529. 
Copies.     1915B,  1179. 
Of  order  for  publication  of  notice   in  tax 

proceedings.     1915C,  690. 

Documentary  evidence. 

—  in     general;     genuineness     and     va- 

lidity. 

Identification  of  letters  offered  in  evidence. 
1916D,  457. 

Proof  of  knowledge  of  witness  making  af- 
fidavit as  to  amount  of  grain  shipped 
in  certain  cars.  1917E,  1011. 

Copies  of  writing.     1915B,  1179. 

Mortality  tables.     1915D,  334;   1915F,  558. 

Eate  schedules  of  interstate  carrier.  1917A, 
197. 

Newspaper  articles.    1917D,  855. 

—  certificate  ;  award. 

Coroner's  certificate  of  death.     191 6C,  379. 

—  judgments  and  judicial  records. 
Admissibility    of    record    of    another    suit 

brought  by  another  plaintiff  against 
the  same  defendant  to  recover  damages 
for  a  similar  accident.  1917F,  802. 

Record  of  suit  that  shows  dismissal  as  evi- 
dence in  subsequent  suit.  1915B,  1179. 

Record  in^divorce  suit.     1915C,  870. 

Denial  of  'full  faith  and  credit  by  exclusion 
of  foreign  judgment  from  evidence. 
1916A,  765. 

In  criminal  cases.     1916B,  950. 

—  pleadings  and  papers  in  suit. 
Admissibility  of  allegations  in  complaint  in 

action  for  personal  injury  in  another 
action  against  the  same  defendant  for 
a  similar  injury  to  another  person. 
1917F,  802. 

—  evidence  previously  taken  or  used; 

affidavits. 

Former     testimony.     1915F,     771,      1087; 

1916A,  983. 
Affidavits.     1917B,  113,  1132;  1917E,  1011. 

—  tax  book  or  list. 

Admissibility  of  tax  list  on  question  of  title 
to  attached  property.  1916F,  939. 

—  accounts  and  account  books. 

Books  of  account  of  corporation,  see  infra. 

Card  index  or  sheet  from  loose  leaf  ledger. 
1916B,  631;  1916F,  209. 

Admissibility  of  account  books  of  practis- 
ing physician  to  prove  date  of  birth. 
1916F,  803. 

—  letters,  telegrams,  etc. 

Letters.  1915A,  881;  1915D,  785;  1916B, 
]272;  1916D,  371,  457;  1916F,  302; 
1917B,  267. 

—  records    and    papers    of    corporation 

or  carriers. 

Proof  that  corporation  was  organized  solely 
for  public  charity  by  means  of  its  char- 
ter, constitution,  and  bv-laws.  3917F, 
741. 

Carrier's  car  record  book.     1916C,  351. 


—  notes;  checks. 

Checks    as    evidence    of    payment.      1915C,. 
976. 


—  memoranda. 

Prejudicial  error  as  to.     1916F,  687. 
Memoranda  showing  intent  to  apply  checks- 
on  debt.    1915C,  976. 

Demonstrative  evidence;  articles  and 
things. 

Anno  tat  ions. 

Exhibition  of  child  for  purposes  of  de- 
termining paternity  in  bastardy 
proceedings.  1917B,  1148. 

View  outside  the  territorial  jurisdic- 
tion. 1917F,  9S4. 

Review    of    discretionary     rulings    as    to. 

1917E,  258. 
Prejudicial     error     as     to     admission     of. 

1917B,  1143. 

Weight  and  sufficiency  of.     1916E,  1222. 
Articles  taken  from  accomplice  of  accused. 

1916D,  590. 

Exhibition  of  person  to  jury.     1917B,  1143. 
Skull  of  person  murdered.     1917A,  1226. 
View.     1915F,  558;  1917F,  974. 
Photographs.      1916E,    763,    1222;     1917F, 

890,  1043. 

X-ray  radiograph.     1915F,  803. 
Pantomime.     1915E,  848. 

Parol  and  extrinsic  evidence  concern- 
ing writings. 

—  in  general. 

As  to  oral  contracts  generally,  see  CON- 
TRACTS. 

Parol  evidence  to  change  or  vary  terms  of 

contract  generally.     1917A,  415. 
Parol  evidence   not   inconsistent  with   part 

of   contract  originally   oral   which   has 

been  reduced  in  writing.     1917A,  58. 
Establishment    by    parol    of    contract    with 

municipal   corporation.      1917F,   403. 
Modification     or    enlargement     of     written 

order  for  machinery  by  parol  evidence. 

1915B,  477. 
To   vary    terms   of    subscription    to    stock. 

1915A,  390. 

As  to  deeds.     1916C,  403:   1916F,  687. 
As    to    insurance    contract.      1915A,    273; 

1915C,  619;  191 7D,  868. 
As  to  receipt.  1917E,  1060. 
On  question  of  waiver  of  prepayment  of 

tolls  for  telegraph  service.     1915C,  450. 
In  prosecution  for  burglar;.     1915D,  072. 
In  prosecution  for  larceny.     1915B,  848. 

—  custom  or  usage. 

Annotation. 

Admissibility  of  parol  evidence  tliat 
articles  prohibited  by  insurance 
contract  ircre  customarily  kept  on 
sucJi  premises  as  those  insured. 
1917C,  296. 


EVIDENCE. 


173 


—  prior    and    collateral    parol    agree- 
ments. 


Annotation. 

Competency  of  parol  evidence  of  an 
agreement  by  the  vendor  of  a  busi- 
ness not  to  re-engage  therein, 
where  some  part  of  the  agreement 
has'  been  reduced  to  writing. 
1917B,  276. 

General  rule  as  to.     19]  5B,  109. 

Contingency  upon  the  happening  of  which 
written  order  for  goods  was  to  become 
operative.  1916B,  1036. 

Agreement  by  vendor  of  property  that  no 
intoxicating  liquors  shall  t>e  sold  in 
the  town  where  deed  contains  express 
covenant  that  liquor  shall  not  be  sold 
on  the  property.  1917F,  949. 

Agreement  of  pu:  -.Uaser  of  real  property  to 
pay  street  improvement  assessment. 
1916E,  217. 

As  to  route  over  which  goods  were  to  be 
transported.  1917A,  58. 

As  to  inducement.     1917B,  267. 

Collateral  agreement  that  written  contract 
was  never  to  be  performed.  1917B, 
258. 

To  show  truth  of  contemporaneous  agree- 
ment. 1917B,  267. 

In  action  for  breach  of  covenant  against  en- 
cumbrances. 1916E,  213,  217. 

—  subsequent  changes. 

Agreement  subsequent  to  lease  that  land- 
lord would  place  additional  improve- 
ments on  premises.  1917B,  141. 

Assent  by  insurance  company  to  additional 
insurance  forbidden  by  the  policy. 
1917D,  868. 

—  meaning;   intention;  explanation. 

As  to  commercial  paper,  see  infra. 

Annotation. 

Competency  of  parol  evidence  to  show 
that  a  writing  was  not  intended  to 
create  legal  relations,  but  icas  exe- 
cuted as  a  sham.  1917B,  263. 

General  rule  as  to.    191 6F,  548. 

Of  particular  words.  1916C,  1001;  1917A, 
740. 

Intention  of  testator.  1915E,  1008;  1917A, 
1210. 

Intent  of  officers  signing  instrument  as  in- 
dividuals. 1915A,  853. 

Intent  of  grantor  in  deed.     1915A,  671. 

That  deed  was  intended  as  a  mortgage. 
1916B,  1;  1917F,  337. 

That  lien  for  taxes  was  not  intended  to  be 
within  operation  of  covenant  of  war- 
ranty. 1916E,  211. 

That  bill  of  sale  to  agent  was  intended 
merely  to  enable  him  to  transfer  title 
to  a  purchaser.  1916A,  588. 


—  as  to  commercial  paper. 

Annotation. 

Parol    evidence    to    shoiv    that    bill    or 

note  <r<i*  delivered  upon  condition. 

1917C,    3O6. 

That  note  was  to  be  paid  only  on  certain 

condition.     1917C,  300. 
As  to  interest  retained  by  indorser  in  note 

and  the  title  taken  by  his  immediate 

indorsee.     1916D,  632. 
True    relation    of    parties.      1915E,    1047; 

1917F,  1065. 

—  consideration. 

As  to  consideration  for  agreement  by  ven- 
dor of  real  property  to  find  a  purchaser 
at  an  advanced  price.  1915C,  177. 

Of  deed.     1916D,  1201. 

—  fraud;  mistake. 

Mistake  in  description  of  land  in  insurance 

policy.     1915D,  766. 
In  description  of  land  in  will.    1915E,  1008. 

—  condition;  trust;  mortgage. 

Annotation. 

Admissibility  of  parol  evidence  to  sJiow 
that  a  bill  or  note  was  delivered 
upon  condition.  1917C,  3O6. 

Condition  generally.     1915B,  221. 
Condition  attached  to  subscription.     1915B, 

221. 
Condition  on  which  note  was  to  be  paid. 

1917C,  300. 
That     deed     was     intended     as     mortgage. 

1916B,  1;  1917F,  337. 

—  to  identify  subject  or  person. 

Identity  of   land   conveyed.     1917A,   563. 

—  concerning  records. 

Alteration  of  record  of  judgment.  1916D, 
820. 

—  character  of  party. 

True  relation  of  parties  to  commercial 
paper.  1915E,  1047;  ]917F,  1065. 

To  determine  party  liable  on  simple  con- 
tract. 1916F,  "1228. 

Opinions  and  conclusions. 

—  in  general. 

Prejudicial     error     as     to.       1915A,     742: 

1916F,  1110;    1917F,  1043. 
Weight   of  opinion  evidence.     1915A,  1078, 

1088;    1915E,  271;   1916A,  943;   1916D, 

144;    1916F,   561;    1917A,  501;    1917U, 

273. 
Cross-examination   for   purposes  of  testing 

value  of  opinion.      1916A,  1079;  1916D, 

1074. 
Effect  on   competency  of  opinion   of  giving 

an  improper  reason  for  it.    1916A,  1079. 
As   to   sufficiency  of  substitutes   for   safety 

appliances  required  by  statute.     1917A, 

558. 


174 


EVIDENCE. 


—  hypothetical  questions. 

To  physician  as  to  cause  of  death.     1915A, 

1078. 
As  to  extent  of  injury.    1915F,  992. 

—  cause  and  effect.  > 

Cause  of  physical  condition,  see  infra. 

Effect  of  injury  or  disease.  1917E,  215. 
Cause  of  fire.  1915A,  1045;  1915D,  229. 
Cause  of  death.  1915A,  1078,  1088. 

^-values;  damages. 

Market  value  of  goods.     1917A,  58. 

Value  of  stock  of  hardware;    depreciation 

by  flood.     1917A,  501. 
Value"  of  services.     1917D,  273,  809. 
Necessity  of  testimony  of  physician  as  to 

Jermanent    impairment    of     ability   to 
ibor  of  person  injured,  to  permit  re- 
covery of  damages  for  permanent  dis- 
ability.    1917D,   980. 

—  physical  conditions. 

Hypothetical  questions,  see  supra. 
As  to  sanity  or  capacity,  see  infra. 

Cause  of  wound.     1915B,  1143. 

That  marks  on  thumb  were  teeth  marks  or 
caused  by  bite.  19] 6E,  896. 

Cause  of  physical  condition  of  injured  pas- 
senger. 1915A,  1056. 

Cause  of  death.     1915A,  1078,  1088. 

Extent  of  injury.     1915F,  992. 

Effect  of  injury  or  disease.     1917E,  215. 

—  sanity;  capacity;  character. 

Sanity  generally.     1915C,  1163. 

Mental  capacity  of  minor  employee  to  ap- 
preciate danger.  1915F,  558. 

Testamentary  capacity.     1916D,  179. 

Fitness  of  parent  for  custody  of  child. 
1916B,  977. 

—  valne;  damages. 

Cross-examination  for  purposes  of  testing 
value  of  opinion.  1916D,  1074. 

Value  of  automobile.     1915E,  959. 

Value  of  insured  property.     1915C,  1179. 

Charges  of  nurses.     1915F,  992. 

Damage  to  manufacturing  plant  by  con- 
struction of  railroad  through  it. 
1916A,  1079. 

—  estimates  of  quantity;   speed;  time. 

Speed.     1U16A,  943. 

—  intent;    motive;    mental    conditions. 

Intent  to  infringe  in  action  for  malicious 
prosecution  for  infringement  of  patent. 
1915B,  1179. 

Right  of  witness  in  libel  suit  to  state  how 
the  libel  seemed  to  make  the  person 
libeled  feel.  1917D,  855. 

Evidence  that  witness  in  homicide  case  had 
stated  that  accused  killed  decedent  be- 
cause latter  sued  him.  1917E,  920. 

Confessions;     testimony     or     evidence 

wrongfully   obtained. 
Weight  and  sufficiency  of,  see  infra. 


Correctness  of  instructions  as  to.  1915C, 
116-3. 

Evidence  wrongfully  obtained.  1915B,  834; 
1916E,  714. 

Compelling  accused  to  furnish.     1917B,  608. 

Involuntary  character  of  statements  made, 
while  giving  testimony,  by  one  brought 
into  court  by  process.  1917A,  1287. 

Permitting  sheriff  to  testify  to  alleged  con- 
versation with  accused.  1917A,  1226. 

Statements  made  by  prisoner  extracted 
from  him  by  threats  or  promises. 
1917D,  383. 

Confession  of  homicide.     1915C,   1163. 

Admissions. 

Of  one  accused  of  crime.  1915A,  1041 ; 
1916B,  844;  1916E,  634. 

Silence  of  person  under  arrest  when  state- 
ment tending  to  connect  him  with  th<> 
crime  is  made  in  his  presence.  1917 D, 
491. 

Ey  minor  injured  during  course  of  work. 
1915F,  558. 

Of  agent  or  servant.  1915A,  153;  1915B, 
1116. 

Hearsay;  declarations;  res  gestse. 

—  in  general;  pedigree. 

Weight  of  exclamation  as  question  for  jury 

1915E,  202. 
Application    generally    of    doctrine    of    res 

gestse.     1915A,  202. 
Pedigree;    relationship.      1915D,   215. 

—  confidential    communications. 

Annotations. 

Liability     for     disclosing     confidential 

communications.     1917C,  1131. 
Privilege  of  communications  to  clergy, 

or    other    church-    or    ecclesiastical 

officers.      1917D,   218. 

Sufficiency  of  objection  to  admission  of. 
1916F,  382. 

Waiver  of  privilege.  1915C,  834;  1916A, 
475,  519. 

Confession  by  member  of  church  board  be- 
fore the  session  for  discipline  as  within 
protection  of  confidential  communica- 
tions to  ministers.  1917D,  273. 

To  attorney.     1915D,  1;   1916C,  593. 

To  physician.  1915C,  834;  1915F,  888; 
1916A,  475,  519;  1917C,  1128. 

Between  husband  and  wife.  191 5D;  902; 
1916B,  1272;  1916F,  382;  1917F,  935. 

—  party's  oven  acts  and  declarations. 

Exclamations    and    indications    of    pain    by 

person  injured.     1915F,  992. 
Statements  by  accused.     1916D,  1295. 

—  acts  and  declarations  of  third  per- 

sons  generally. 

As  to  dying  decorations,  see  infra. 

Effect  of  statement  of  witness  at  coroner's 
inquest  offered  to  contradict  him  as 
affirmative  evidence  of  facts  stated. 
1917F,  167. 


EVIDENCE. 


175 


Statements    made    to    interpreter.      1916F, 

1198. 
Declarations  of  neighbors  as  to  fitness  of 

parent    for    custody    of    child.      1916B, 

977. 
As  to  accident  or  injury.     1915D,  334,  503; 

1915E,  812;   1917F,  896. 
Of    deceased    person.      1915D,    334;    1916B, 

816;   1916C,  566. 
Criminal  cases.     1915B,  1125;   1915E,  202; 

1916C,  566. 

—  acts    and    declarations    of    agent   or 

representative. 

General  rule  as  to.     1915B,  1116. 
Prejudicial  error  in  admission  of  evidence 

as  to.     1916D,  311. 
Statement  by  attorney  employed  to  collect 

note.     1917E,  1060. 

Assurances   by   agent   that  principal   would 
•    pay  bills   incurred  by   agent.      1916B, 

751. 

Telephone  agent.     1915C,  450. 
As  to  accident  or  injury.     1916D,  311. 

—  acts    and    declarations    of    partner, 

associate,  or  co-conspirator. 

Co-conspirators.     1917C,  65. 

—  threats. 

Threats  against  deceased  by  one  accused  of 
being  accessory  to  a  murder.  1916B, 
950. 

—  dying  declarations. 

Instructions   as  to  weight  to  be  given  to. 

1915F,  656. 
Effect   of   hope   of   recovery.     1915F,   607; 

1916F,  1198. 
In  civil  cases.     1915D,  503. 

Relevancy  and  materiality. 

—  in    general. 

Relevancy  and  materiality  under  particular 

pleadings,  see  infra. 
First  objecting  to,  on   appeal,  see  APPEAL 

AND  ERROR. 
Waiver  of  objections  as  to,  see  APPEAL  AND 

ERROR. 
Prejudicial  error  in  admitting  or  excluding, 

see  APPEAL  AND  ERROR. 
Admissibility   of,   to   impeach,   discredit,   or 

corroborate  witness,  see  WITNESSES. 

Necessity   of  bill  of  exceptions  to   rulings 

on   admission   or   rejection  of.     1915A, 

572. 
Sufficiency  of  objections  and  exceptions  to. 

1017A,   740;    1917B,   1143. 
Estoppel  to  object  to  admission  of.     1915A, 

120. 

—  custom  or  habit. 

Evidence  of,  when  not  pleaded.    1917A,  740. 

Sufficiency  of  objection  to  admission  of  evi- 
dence of.  1917A,  740. 

Evidence  of  custom  which  was  not  followed 
in  particular  cases  involved.  1915F, 
15. 

Trade  custom.     1916B,  1257. 

Customary  rate  of  pay  for  domestic  serv- 
ices. 1915C,  1208. 


Custom  of  painters  to  construct  their  own 

scaffolds.     1915F,  15. 
Custom  of  person  causing  injury.     1915D, 

725;  1915E,  287. 
Custom  of  person  injured.     1916B,  824. 

—  character;  reputation;  age. 

Opinion  evidence  as  to,  see  supra. 

Prejudicial  error  as  to.    1915E,  131. 
Evidence  of,  to  discredit  witness.     1915B, 

389. 
Reputation  of  attorney  in  action  to  disbar 

him.     1917B,  1132. 

Character  of  person  injured.     1915F,  992. 
Turbulent  character    of   plaintiff   in   action 

for  assault.     1916A,  1240. 
Of  accused  person.     191CE,  326. 
Chastity.     3916B,  963;  1916E,  760. 
Of  deceased  person.     1915C,  1179;    1917A, 

1226. 
Character  of  dog  causing  injury.     1916E, 

710. 

—  knowledge;    notice;    belief;    mental 

capacity. 

Opinion  evidence  as  to  mental  capacity,  see 
supra. 

To  show  notice  to  driver  of  motor  truck 
that  boy  was  attempting  to  climb  there- 
on. 1917D,  875. 

Notice  to  purchaser  of  seed,  of  actual  na- 
ture of  seed  to  be  delivered.  191 6C, 
1001. 

Knowledge  of  vicious  disposition  of  dog. 
1916D,  1032. 

—  intent;      purpose;      motive;      fraud; 

good  faith;  malice. 

Intent;  purpose.  1915A,  1078,  1224;  1915D, 
1015;  1915E,  1031;  1916D,  311. 

Motive;  reason.     1915A,  1088;  1915E,  1215. 

Fraud;  good  faith.    1915A,  675;  1917F,  414. 

Malice.  1915C,  774;  1915E,  413;  1915F, 
664. 

—  prices;  values. 

Opinion  as  to  value  and  damages,  see  supra. 

Evidence  of  price  for 'which  patented  articles 
were  sold  by  defendant  in  action  for 
malicious  prosecution  for  infringement, 
of  patent.  1915B,  1179. 

Real  property.     1916E,  420;   191 6F,  756. 

Value  of  water  right.     1916F,  756. 

—  damages. 

Opinion  evidence  as  to,  see  supra. 
Evidence  of  prices  and  values,  see  supra. 

Prejudicial  error  as  to.     1916D,  983,  1035; 

1917A,  365. 
In    eminent    domain    proceedings.      1916E, 

420,  572. 
Injury  to  real  property  by  nuisance.    191 5C, 

747;  1916E,  983. 
Injuries  to  leasehold  by  change  of   street 

grade.     1917C,   420. 
Damages     for     destruction     of     building. 

1917A,  365. 
Injury  to  automobile.     1915C,  319;   1915E, 

959. 


176 


EVIDENCE. 


Personal  injuries.     1915F,  558,  992;  1916D, 

1035;  1917A,  394;  1917E,  215. 
Death.     1915E,  1201,  1205. 
Libel  and  slander.    1915E,  413;  1917D,  855. 

—  care;  skill;  negligence. 

Custom  or  habit  as  to,  see  supra. 
Similar  acts  or  facts  in  negligence  cases, 
see  infra. 

Annotation. 

Violation  by  servant  of  rule  adopted 
by  railway  company  as  evidence 
of  negligence  toward  one  other 
than  servant.  1917C,  793. 

Violation  of  statute  of  ordinance.  1917C, 
1146. 

Violation  of  rules  of  railroad  company  as  to 
backing  of  trains.  1917C,  784. 

Precautions  after   accident.     1915E,   613. 

Skill  of  automobile  driver.     1917A,  394. 

Intoxication  of  driver  of  automobile. 
1917A,  306. 

Evidence  in  action  for  injury  to  employee 
by  explosion  as  to  what  parts  of  the 
body  of  another  employee  killed  by  such 
explosion  sustained  the  principal  in- 
juries. 1917F,  1043. 

Injury  on  railroad  platform.    191 6 A,  510. 

Negligence  of  carrier.  1915F,  1174;  1916A, 
510. 

Negligence  of  street  railways.  1915D,  1021 ; 
1916E,  58. 

Injury  by  fright  caused  by  explosion. 
1915D,  834. 

Injury  to  purchaser  of  automobile  through 
collapse  of  wheel.  1915E,  287. 

In  action  for  injury  to  boy  jumping  on 
motor  truck.  1917D,  875. 

Obstruction  of  water  by  railroad  embank- 
ment. 1917A,  501. 

Contributory  negligence.  1915C,  181; 
1917F,  610;  1917A,  306,  1128;  1917E, 
405. 

—  suggestive    facts;    facts    supporting 

inferences. 

Evidence  of  failure  of  servant  to  secure 
work  in  action  for  slander  in  giving 
character  to  servant.  1915C,  774. 

Precautions  after  accident.     1915E,  613. 

Evidence  of  birth  of  child  in  prosecution 
for  adultery.  1915F,  1087. 

Presence  of  accused  at  scene  of  crime. 
1916B,  950. 

—  circumstances. 

Circumstances  of  injury  in  action  under 
Workmen's  Compensation  Act.  1916E, 
1201. 

In  action  for  negligently  permitting  gas  to 
escape.  1915E,  1022. 

—  similar  acts  or  facts. 

Annotation. 

Evidence  of  other  crimes  in  prosecu- 
tion for  robbery.  1917D,  3SS. 

Evidence  of  condition  of  other  boats  of  the 
lessor  upon  question  of  negligence  in 
letting  defective  row  boat.  19i7F,  851. 


Evidence  of  former  acts  of  negligence  on 
part  of  plaintiff  suing  for  personal  in- 
juries. 1917E,  405. 

Condition  at  other  times.  1915C,  450; 
1916F,  1110;  1917B,  1245. 

Condition  at  other  places.     1916F,  1110. 

Other  acts  of  intercourse  on  part  of  prose- 
cutrix  in  prosecution  for  rape.  1916B, 
963. 

Other  misconduct  of  person  arrested  for 
nonpayment  of  fare.  1917D,  220. 

Other  crimes.  1915A,  138,  809,  862,  1088; 
1915B,  103;  3915D,  229,  236;  1916E, 
472;  1917D,  383;  1917E,  668,  797. 

—  explanation  and  rebuttal. 

As  to  corroboration  of  witness  generally, 
see  WITNESSES. 

Review  of  discretion  in  refusing  to  admit 
evidence  in  rebuttal  which  under  the 
pleadings  is  part  of  plaintiff's  case  in 
chief.  1915D,  1021. 

Rebutting  presumption  of  fraud.  1915C, 
716. 

In  action  for  damages  for  nuisance.  1915C, 
747. 

In  action  on  insurance  policy.     1916A,  475. 

—  payment;   consideration;   credit. 

Payment.     1915C,  976. 

—  contracts. 

Insurance  contracts.     1917E,  983. 
Breach  of  warranty.     1915D,  875. 

—  pecuniary  condition;  family  circum- 

stances. 

Prejudicial  error  as  to.     1915A,   153. 
Failure   to   object   to   evidence   of.      1915A, 

491. 
Family  circumstances.     1915A,  153. 

—  personal  relations. 

Relation  of  joint  defendants  in  action  for 

malicious    prosecution.      1915B,    1179. 
Criminal  cases.     1917F,  646. 

—  criminal    matters    generally. 

Character    and    reputation    of    accused,    see 

supra. 

Evidence  of  suggestive  facts,  see  supra. 
Evidence  of  other  crimes,  see  supra. 

Annotation. 

Evidence  of  trailing  of  persons  by 
bloodhounds.  1917E,  73O. 

Trailing  with   bloodhounds.     1916D,   1295; 

1917E,  726. 

In  prosecution  for  perjury.     1917C,  52. 
In  prosecution  for  false  pretenses.     1917E, 

797. 
In  prosecution  of  husband  for  nonsupport. 

1916E,  760. 
In    prosecution    for    arson.      1915D,    229; 

1016D.  1295. 
In  prosecution  for  homicide.     191 5A,  1078, 

1088:    1915E,  1031,  1215;    1916C,  581; 

1917F,  646. 
In  prosecution  for  burglary.     1915D,  1015. 


EVIDENCE. 


177 


In   prosecution    for    larceny.      1915B,    71; 

1915E,  848. 
In   prosecution   for   embezzlement.      1915A, 

430. 

In  prosecution  for  adultery.    1915F,  1087. 
In  prosecution  for  rape.     1916B,  9C3. 
In  proceeding  to  revoke  license  of  physician. 

1316D,  436. 

—  iclciitificati  3ii. 

Identity  of  property  in  prosecution  for  lar- 
ceny. 1915E,  848. 

—  justification;  mitigation. 

In  justification  for  wrongful  arrest  with- 
out warrant.  1917D,  694. 

Mitigation  of  damages.  1916C,  581;  1917D, 
220. 

—  miscellaneous. 

Evidence  that  plaintiff  in  action  had  no  per- 
sonal interest  but  brought  action  for 
the  benefit  of  a  tl  d  person.  1917F, 
440. 

Evidence  to  show  improper  operation  of  ap- 
paratus where  breach  of  warranty  is 
set  up  as  defense  in  action  for  pur- 
chase price.  1915B,  626. 

On  question  of  attorney's  moral  and  mental 
fitness  to  practise  law.  1915D,  1218. 

•On  question  whether  street  car  stopped  at 
certain  place  on  particular  occasion. 
1916E,  58. 

Right  to  show  who  employed  physician  who 
attended  injured  person.  1915A,  153. 

Liability  of  directors  of  corporation  for 
wrongful  appropriation  of  funds. 
1915D,  632. 

Evidence  of  tone  and  manner  in  which  words 
were  spoken  by  clerk  to  customer  in 
store.  1915F,  516. 

In  action  for  assault  on  passenger.  1916C, 
358. 

In  action  for  personal  injury  received  in 
attempt  to  put  out  fire  negligently  set. 
1915E,  991. 

In  prosecution  against  husband  for  deser- 
tion of  wife.  1916E,  760. 

Weight,    effect,   and   sufficiency. 

—  in  general. 

Review  of  facts  on  appeal,  see  APPEAL  AND 

ERROR. 
Sufficiency   of   evidence  to   go  to  jury,   see 

TRIAL. 

Annotations. 

Is  extra  judicial  confession  circum- 
stantial testimony.  1917D,  595. 

Insufficiency  of  evidence  to  warrant  di- 
vorce as  a  basis  of  attach.  1917B, 
432. 

Constitutionality  of  statute  which 
malccs  shipper's  statement  as  to 
weight  conclusive.  1917  E,  1O22. 

"Constitutionality  of  statute  as  to.     1917E, 

1011. 
"Weight   of   evidence   as   question   for   jury. 

1915E,  202;    1917F,  1107. 

L.R.A.  Tri.  Index  1915-17.— 12. 


Instructions    as    to.      1915A,    1078,    1088; 

1915C,  627,  1163;   1915F,  656;   1916D, 

144. 
Presumptions    as    to,    on    appeal.     1917C, 

1190. 
Ruling  as  to,  on  former  appeal  as  law  of 

the  case.     1916A,  519. 
Time    for    objections    to    insufficiency    of. 

1917F,  974. 
Insufficiency  of  evidence,  as  ground  for  new 

trial.     1915B,  140;   1916B,  316. 
Right  to  judgment  non  obstante  veredicto 

for  lack  of  evidence.    1917A,  1194. 
Expeft    testimony.       1915A,     1078,     1088; 
"1915E,   271;    1916A,   943;    1916D,   144, 

1074;   1916F,  561;   1917A,  501;   1917D, 

273. 
Circumstantial  evidence;   what  constitutes. 

1916E,  1086;  1917D,  591. 
Dying  declarations.     1915F,  656. 
Duty  of  jury  to  believe  uncontradicted  evi- 
dence '    admitted     without      objection. 

1916E,  1203. 
Basing  verdict  of  jury  on  auditor's  finding. 

1915D,  725. 
Sufficiency    of    proof    of    damages.     1917D, 

273. 

—  cause  and  effect. 

Proximate  cause.     191 6D,  447. 

Cause  of  death.      1915E,  519,   964;    1916E, 

952;   1917F,  710. 
Personal  injuries.     1916E,  1201. 

—  fraud  or  good  faith;  malice;  proba- 

ble  canse;   undue   influence. 

Fraud  generally.     191 6B,  862;    1916F,  192. 

Nonreliance  of  purchaser  upon  ^representa- 
tions  of  vendor.  1917C,  270. 

Falsity  of  answers  in  insurance  applica- 
tion. 1917C,  338. 

Malice.  1915A,  104;  1916E,  1277;  1916F, 
192. 

Probable  cause.     1916E,  1277;   1916F,  192. 

Undue  influence.  1915E,  593,  1185;  1916F, 
192. 

—  negligence;  skill;  care. 

Sufficiency  of  evidence  to  take  case  to  jury, 
see  TRIAL. 

Disregarding  testimony  in  contradiction  of 
scientific  principles.  1916D,  300. 

Doctrine  of  res  ipsa  loquitur  as  requiring 
jury  to  find  in  favor  of  negligence. 
1917E,  215. 

Wanton  or  wilful  negligence.     191 7D,  875. 

Method  of  fastening  sheet  iron  plates  to- 
gether. 1915C,  17. 

Negligence  of  physician;  malpractice. 
1915C,  595;  1916D,  644. 

Of  bottler  of  carbonated  drink.  1916E, 
1074. 

Of  street  railway  company.     191 6B,  824. 

Of  master.     1915D,  503;  1917E,  1,  215. 

Of  carrier.     1916B,  716;  1916E,  478. 

In  operation  of  elevator.  1915E,  745; 
1916C,  1245. 

In  selling  unfit  food.     1916D,  1006. 

In  permitting  escape  of  gas.     1915E,  1022. 

As  to  electricity.     1917E,  258. 


178 


EVIDENCE. 


Explosions.       1915F,     1000;     1916B,     716; 

1916E,  1074. 
Contributory      negligence.        1916D,      447; 

1916F,  127. 

—  as  to  property  rights. 

Sufficiency  of  evidence  to  show  that  draft 
taken  from  victim  of  the  confidence 
game  was  not  his  property.  1917E, 
797. 

Sufficiency  of  evidence  to  sustain  judgment 
for  injury  to  property  by  lessee's  fail- 
ure to  dig  wells.  1917E,  975. 

—  matters   as   to  persons;   relation   of 

parties. 

Admissibility  of  evidence  that  no  suit  had 
ever  been  brought  against  three  per- 
sons to  show  falsity  of  statement  that 
one  had  been  brought  against  two  of 
them.  1917E,  797. 

Sufficiency  of  proof  of  bona  fide  effort  of 
husband  to  induce  wife  who  had  left 
him  for  cause  to  return  to  his  home. 
1917F,  738. 

Evidence  on  question  whether  person  was 
suffering  from  certain  malady  on  cer- 
tain day.  1916E,  584. 

Sufficiency  of  proof  of  adultery  for  a  pe- 
cuniary consideration  to  sustain  action 
for  alienation  of  wife's  affections. 
1917F,  935. 

Fact  of  marriage.     1915E,  121. 

Sufficiency  of  proof  to  overcome  presump- 
tion of  validity  of  marriage.  1917E, 
921. 

Fact  01  imprisonment  because  of  which  di- 
vorce is  sought.  1917C,  159. 

Cause  of  death  of  insured.     1917C,  195. 

Authority  of  agent;  ratification.  1917E, 
539,  788. 

Knowledge;  notice.  1916E,  298;  1917E, 
250. 

Intent;   purpose.     1915A,  862. 

Domicil.     1916A,  718. 

Emancipation  of  child.     1916B,  1111. 

Illegitimacy.      1915F,    1087;    1916B,    1052. 

—  to   overcome   writing. 

To  show  that  absolute  deed  was  intended  to 
be  a  mortgage.  1916B,  4. 

—  official  acts  or  records;  demonstra- 

tive evidence. 

Conclusiveness  of  certificate  of  election  in 
mandamus  to  secure  office.  1915A, 
832. 

Weight  of  photographs  as  evidence.    1916E, 

1222. 

—  contracts;  gifts. 

Proof  of  express  contract  by  circumstantial 
evidence.  1916D,  1260. 

Proof  that  offer  was  accep'ed  within  rea- 
sonable time.  1916B,  1036. 

Proof  of  liability  for  rent  under  oil  and 
gas  lease.  1916B,  686. 

Contract  to  pay  household  servant  for  extra 
services.  1917D,  809. 

Breach  by  municipality  of  contract  for 
street  sprinkling.  1915E,  581. 


Insurance    matters.      1915B,    728;     1915D, 

615. 
Gift.     1916E,  283. 

—  wills. 

Upholding  will  against  testimony  of  attest- 
ing witnesses.  1916C,  1214. 

Inability  of  attesting  witness  to  identify 
will  and  his  signature  thereto.  191~>K, 
593. 

Failure  to  interrogate  attesting  witness  as 
to  testator's  competency.  19160,  1214. 

—  miscellaneous  civil  cases. 

Sufficiency  to  overcome  presumption  that 
holder  of  note  is  such  bona  fide.  1916D, 
624. 

That  Jamaica  ginger  is  an  intoxicating  li- 
quor within  meaning  of  prohibitory 
statute.  1917F,  238. 

In    disbarment   proceedings.      1915D,    1218. 

Location  of  boundaries  of  city.    1915E,  500. 

Father's  expectation  of  benefit  from  contin- 
ued life  of  son.  1916E,  185. 

Value;  damages.  1915A,  675;  1916F,  592; 
1917F,  824. 

Abrogation  of  rule  governing  servants' 
work.  1916E,  927. 

Authenticity  of  telegram.     1915A,  862. 

Sufficiency  to  permit  recovery  for  perma- 
nent disability  to  person  injured. 
1917D,  980. 

Identity  of  dog.     1916D,  1032. 

Custom  and  usage.  1915F,  1114;  1917F, 
422. 

Nuisances.     1915B,  415. 

Libel  or  slander.     1916E,  771. 

Insurance  matters.    1915B,  728;  1915D,  615. 

—  criminal  cases. 

Annotations. 

Is  extrajudicial  confession  circumstan- 
tial testimony.  1917D,  595. 

Proof  of  corpus  delicti  in  embezzle- 
ment. 19 17 A,  1289. 

Conviction  of  perjury  upon  proof  that 
accused  made  contradictory  state- 
ments. 1917C,  58. 

Failure  of  proof  to  establish  commission  of 
offense  charged.  191 7B,  1261. 

Testimony  of  accomplice  or  associate:  cor- 
roboration.  1915D,  682;  1915E,  1222; 
1916F,  1251. 

Confessions.     191TD,  591. 

Conviction  on  defendant's  extrajudicial  ad- 
missions alone.  1917A,  1287. 

Circumstantial   evidence.     1917A,   1287. 

Corpus  delicti.     1917A,  1287. 

Venue.     1915B,  71. 

Embezzlement.     1917A,  12*7. 

False  pretenses.     1015C,  1161;  1917E,  797. 

Incest.     1915E,  1222. 

Larceny.     1916B,  844. 

Perjury.     1917C,  52,  954. 

Kape.     191GB,  745. 

In  prosecution  under  White  Slave  Act. 
1915A,  862. 

In  prosecution  for  violation  of  liquor  law. 
1916A,  812. 

In  prosecution  for  violation  of  statute 
against  betting.  1915D,  682. 


EVIDENCE— EXCLUSIVE  PRIVILEGE. 


179 


In  prosecution  for  selling  spoiled  meat. 
1916E,  326. 

In  action  for  penalty  for  transacting  busi- 
ness without  license.  1915D,  260. 

Violation  of  ordinance  as  to  false  weights 
or  measures.  1917D,  1127. 

Admissibility  under  particular  plead- 
ings. 

Annotation. 

Height  to  show  disability  of  adult  on 
issue  of  contributory  negligence 
without  allegation  thereof.  191*3  D, 
558. 

Without  allegations.  1917A,  740;  1917E, 
539;  1917F,  571. 

General  and  specific  allegations  of  negli- 
gence. 1916C,  1208. 

Under  general  averment  of  injury  to  prop- 
erty by  nuisance.  1917F,  475. 

Under  general  denial.  1915E,  131;  1917D, 
571. 

Negligence  of  carrier.     1917B,   1091. 

Negligence  of  physician.    1916D,  644. 

In  action  for  injury  to  employee.  1917D, 
556. 

Sufficiency  of  allegations  to  admit  evidence 
of  violation  of  the  last  clear  chance 
rule.  1916A,  943. 

In  action  to  foreclose  mortgage  securing 
note.  1916A,  1049. 

Sufficiency  of  allegations  to  sustain  ev- 
idence of  authority  of  agent.  1917E, 
539. 

Admissibility  under  defendant's  pleadings 
of  evidence  of  conditions  within  excep- 
tion to  Federal  hours  of  service  act. 
191SD,  408. 

Admissibility  under  defendant's  pleadings 
in  action  for  skuader.  1915E,  131. 

Variance. 

First  objecting  to,  on  appeal,  see  APPEAL 
AND  ERROR. 

Motion  to  strike  evidence  on  ground  of  va- 
riance. 1915F,  558. 

Variance  as  to  date  of  accrual  of  cause  of 
action.  1917F,  935. 


Contributory     negligence     of     children 
falling  into.       1917F,  1O5. 

In  street,  injury  by.     191 7C,  120.     % 
Injury     to     employee     while     excavating. 
1917E,  233. 


EXAMINATION. 

Of  person  of  witness,   see  DISCOVERY  AND 

INSPECTION. 
Of  juror,  see  JURY. 
Of  witnesses,  see  WITNESSES. 

As    condition    of   entrance    to   high    school. 
1917C,  993. 


EXCAVATIONS. 

Annotations. 

Liability   for  damage  to  service  mains 

by    excavating    in    street.      1917E, 

1094. 


EXCEPTIONS. 

In  general,  see  APPEAL  AND  ERROR;  TRIAL. 
Bill  of,  see  APPEAL  AND  ERROR. 
Burden  of  proving,  see  EVIDENCE. 
Negation  of,  in  indictment,  see  INDICTMENT, 
ETC. 

Exceptions  to  entire  paragraph  which  con- 
tains averments  responsive  to  the  bill. 
1917D,  357. 

In  application  for  reinstatement  of  insured. 
1917C,  350. 

To  rulings  of  law  by  master.     1916C,  218. 


EXCESSIVE   DAMAGES. 

See  DAMAGES. 


EXCHANGE   OF  PROPERTY. 

Time   as  essence   of  option  agreement  for. 
1915B,  181. 


EXCHANGES. 

As  to  rights,  duties  and  liabilities  of  stock 
brokers,  see  BROKERS. 

Damages  for  breach  of  contract  to  loan 
money  to  n:  ember  of  exchange  to  pay 
for  grain  contracted  for.  1916F,  501. 


EXCISE. 


See  LICENSE. 


EXCLUSIVENESS. 

Annotation. 

Of  franchise  of  toll  road  or  turnpike. 
19170,  339. 


EXCLUSIVE  PRIVILEGE. 

Annotation. 

Right  of  carrier  to  grant  exclusive  train 
privilege  to  baggage  or  passenrjer 
transfer  companies.  1917F,  1O&B. 

Grant  of,  by  carrier  to  baggage  company. 
1917F,  1080. 


180 


EXCLUSIVE  PRIVILEGE— EXECUTORS  AND  ADMINISTRATORS. 


Exclusive  contract  by  carrier  with  private 
corporation  for  loading  of  logs  tendered 
for  shipment.  1913C,  250. 


EXCURSION. 

Duty  of  carrier  to  return  excursionists  to 
their  homes.     1915C,  477. 


EXCUSABLE  HOMICIDE. 

See  HOMICIDE. 


EXECUTION. 

Of  writing  required  by  Statute  of  Frauds, 

see  CONTRACTS. 
Exemption  from,  see  EXEMPTIONS;   HOME- 

STEAD. 

Sale  under,  see  JUDICIAL  SALE. 
What   property   subject  to,   see   LEVY  AND 

SEIZURE. 
Mode  and  sufficiency  of  levy  on,  see  LEVY 

AND  SEIZURE. 
Of  will,  see  WILLS. 

Annotation. 

Remedy  of  judgment  creditor  of  com- 

munity after  death  of  one   of  the 

spouses.     1917C,  502. 

Parol  evidence  as  to  ownership  of  property 

>  levied  on.     1916A,  588. 
Xecessarv    parties   defendant   in  execution. 

1916D,  113. 

Time  of  issuing.     1915B,  797. 
Amendment,  time  for.     1915A,  706. 
Right  of  judgment  creditor  to  seize  prop- 

erty of  succession  of  deceased  person. 

1917C,  494. 
Right  of  judgment  creditor  of  community 

to   proceed  against   surviving  husband 

bv   sale   of   community   property   after 

death  of  wife.     1917C,  494. 
Effect  of  stay  of  execution  to  release  sure- 

ty.    1917C,  485. 
Execution  against  the  person.     1915A,  706; 

1915E,  340. 


EXECUTIVE  DEPARTMENT. 

Relation  of  courts  to.     1915A,  175,  1141; 
1915B,  988;  191GT?,  141;  1917 A,  276. 


EXECUTORS  AND  ADMINISTRA- 
TORS. 

In  general;  appointment. 
Rights,  powers,  and  duties. 

—  in  general. 

—  possession  or   disposal   of  prop- 

erty. 


Liabilities. 

Assets. 

Suits  affecting  estate. 

—  on  behalf  of. 

—  suits  and  judgments  against. 
Debts  and  obligations  of  estate. 

—  in  general. 

—  presentation       and       proof       of 

claims. 

—  payment  and  priority. 

—  burial  expenses. 
Distribution;   accounting;  settlement; 

discharge. 

—  in  general. 

—  commissions;  reimbursement. 

—  deduction  or  set-off. 
Sale  of  land  for  debts. 

Foreign  and  ancillary  administrators. 


In  general;  appointment. 

As  to  legacies,  generally,  see  WILLS. 

Annotation. 

Effect  of  insertion  of  unauthorized  pro- 
vision in  bond  of.  1917B,  992. 

Liability  of  bank  for  misappropriation  of 
deposit  by.  1915C,  518;  1915E,  309; 
1916F,  1059. 

Attachment  of  property  in  hands  of  execu- 
tors. 191 5D,  1064. 

Stockholder  of  bank  which  is  made  executor 
of  will  as  witness  to  its  execution. 
1916D,  179. 

Administration  of  estate  of  deceased  per- 
son as  a  proceeding  in  rem.  1917E, 
544. 

Jurisdiction  to  appoint.  1915D,  856; 
1916B,  794. 

Appealability  of  decree  refusing  to  appoint 
administrator.  1915D,  856. 

Validity   of   appointment.      1917E,    544. 

Ratification   of   appointment.      1917E,    544. 

Who  entitled  to  appointment.  1915C,  581 ; 
191 5D,  373;  1917A,  486. 

Disqualification  to  act  of  corporation  named 
as  executor  in  will  witnessed  by  one  of 
its  stockholders.  1916D,  179. 

Rights,  powers,  and  duties. 

—  in   general. 

Authority  to  waive  bar  of  statute  of  limita- 
tions. 1915B,  1016. 

Power  to  bind  estate  for  boxes  necessary  to 
market  a  crop  of  apples  belonging  to 
the  estate.  191 7E,  966.  , 

Effect  of  repeal  of  Inheritance  Tax  Act  to 
relieve  executor  from  duties  imposed 
by  reperled  act.  1917E,  1160 

Ratification  by  executors  of  contract  with 
agent  by  testator.  1915C,  601. 

Executor  de.  son  tort.     1915E,  840. 

—  possession  or  disposal  of  property. 

Annotation. 

Adverse  possession:  possession  of  exe- 
cutor or  administrator  as  continua- 
tion of  that  of  ancestor.  1917C, 
147. 


EXECUTORS  AND  ADMINISTRATORS. 


181 


Tacking  possession  of  executor  to  that  of 
his  testator  to  establish  adverse  pos- 
session. 1917C,  143. 

Transfer  by  corporation  at  instance  of  ex- 
ecutor of  testator's  stock  to  persons 
having  mere  defeasible  estate.  1917E, 
266. 

Right  of  personal  representative  of  depend- 
ent person  to  award  made  under  Work- 
men's Compensation  Act.  1916D,  944. 

Estoppel  of  beneficiary  of  insured  who  has 
surrendered  his  rights  to  recover  as 
administrator  of  the  insured.  1915A, 
872. 

Application   of  deposit  by.     1915C,   518. 

Deposit  by  executor  of  funds  of  estate  in 
his  individual  bank  account.  1916F, 
1059. 

Rights  of  administrator  in  money  deposited 
in  bank  by  his  intestate  to  credit  of 
himself  or  another.  1917C,  548. 

Right  of  administrator  to  ratify  order  upon 
decedent's  bank  account  which  he  had 
forged  so  as  to  absolve  the  bank  from 
liability.  1915E,  840. 

Liabilities. 

Agreement  by  director  of  corporation  to 
declare  and  pay  dividend  in  considera- 
tion of  release  from  liabilitv  as  execu- 
tor. 1917A,  1068. 

Liability  for  inheritance  tax.  1915C,  615; 
1915D,  450. 

Liability  to  garnishment.     1917F,  394. 

Liability  of  administrator  requesting  bank 
to  hold  deposit  against  claimant  to  re- 
imburse bank  for  interest  which  it  is 
compelled  to  pay  on  a  legal  establish- 
ment of  the  claim.  1915E,  797. 

Assets. 

Situs  of  corporate  stock  for  purpose  of 
transfer  on  books  of  company.  1915C, 
471. 

Rights  of  administrator  in  money  deposited 
in  bank  by  his  intestate  to  credit  of 
himself  or  another.  1917C,  548. 

Life  insurance  as  assets  of  decedent's  estate. 
1917F,  1137. 

Misappropriation  of  deposit  by.  1915C, 
518;  1915E,  309;  1916F,  1059. 

Suits    affecting    estate. 

—  on  behalf  of. 

Survivability  of  action,  see  ABATEMENT  AND 

REVIVAL. 
Set-off    by    or    against,    see    SET-OrF    AND. 

COUNTERCLAIM. 
Effect   of   death   on   competency   of   witness 

in  action  by,  see  WITNESSES. 

Annotation. 

Right  of  foreign  or  domestic  repre- 
sentative to  maintain  action  for 
death  of  decedent  under  a  statute 
of  anotJier  state  ichicJi  provides 
that  the  action  sJiall  be  brought 
by  the  personal  representative. 
1917A,  34:. 


Jurisdiction  in  suits  affecting.  1915A, 
1179;  1916A,  1181;  1917C,  171;  1917E, 
514. 

Evidence  to  show  payment  in  action  by  ad- 
ministratrix on  duebill.  1915C,  976. 

Intervention  of  administratrix  having  claim 
against  insolvent  bank  in  proceedings 
to  wind  it  up.  1915A,  299. 

Right  of  executor  to  maintain  assumpsit  to 
recover  money  paid  into  court  on  con- 
demnation of  property  and  obtained  by 
rival  claimant.  1917A,  685. 

Right  to  maintain  action  for  death.  1915E, 
1069,  1141;  1917A,  34,  1128. 

Effect  of  fact  that  woman's  marriage  took 
place  after  her  husband  had  received 
a  mortal  injury  through  another's  neg- 
ligence to  prevent  her  recovering  for 
his  death  as  executrix  of  his  estate. 
1915E,  1199. 

Workmen's  Compensation  Act  as  infringing 
personal  representative's  right  to  re- 
cover for  death.  1916A,  389. 

—  suits  and  judgments   against. 
Running  of  statute  of  limitations  against, 

see  LIMITATION  OF  ACTIONS. 

Interruption  of  running  of  limitation 
against.  1915B,  1016. 

Presumption  as  to  validity  of  judgment 
against  estate.  1916A,  1181. 

Conclusiveness  of  judgment  in  action  against 
administrator  of  contractor  in  subse- 
quent action  against  contractor's  sure- 
ty. 1916A,  881. 

Debts  and  obligations  of  estate. 

—  in  general. 

Set-off  by  or  against  decedent's  estate,  see 
SET-OFF  AND.  COUNTERCLAIM. 

Annotation. 

Statutory  exemption  of  proceeds  or 
avails  of  life  insurance  as  inuring 
to  benefit  of  estate  where  policy  is 
payable  to  executors  or  administra- 
tors or  estate.  1917F,  1143. 

Refusal  of  administrator  to  allow  claim  as 
res  judicata.  1915D,  754. 

Construction  of  statute  impressing  estate 
of  decedent  with  trust  in  favor  of  cred- 
itors. 1915D,  754. 

Exemption  of  proceeds  of  life  insurance 
from  debts  of  succession  of  insured. 
1917F,  1137. 

For  employment  of  attorney.    1916C,  759. 

Right  of  woman  deceived  into  void  mar- 
riage to  recover  from  supposed  hus- 
band's estate  value  of  services  rendered. 
1917B,  681. 

Right  of  judgment  creditor  to  seize  prop- 
erty of  succession  of  deceased  person. 
1917C,  494. 

Failure  of  administrator  to  include  claim 
for  goods  purchased  in  his  account  to 
administrator  de  bonis  non  as  prevent- 
ing vendor  from  enforcing  the  claim 
against  the  latter.  1917E,  966. 

Tromissory  note  executed  as  a  gift.  1917E; 
1060. 


182    EXECUTORS  AND  ADMINISTRATORS;  EXECUTORY  CONTRACTS. 


Liability  of  estate  of  deceased  stockholder 
upon  stock  owned  by  him.  1915B,  797. 

—  presentation  and  proof  of  claims. 
Right  of  creditors  to  prove  their  claims  in 

either  jurisdiction  where  there  are  both 
principal  and  ancillary  administrations. 
1915D,  754. 

Collusion  by  administrator  in  establishment 
of  claim  against  estate.  191 5C,  736. 

Presentation  of  claim  against  estate  of  de- 
ceased incompetent  without  prior  pre- 
sentation in  guardianship  proceedings. 
1917B,  676. 

Time  to  present.  1915B,  797;  1915D,  754; 
1917A,  443;  1917E,  1100. 

—  payment  and  priority. 

Priority.    1915F,  1041. 

—  burial  expenses. 

Binding  effect  on  administration  of  act  of 
executor  de  son  tort  in  paying  funeral 
expenses.  1915D,  948. 

Right  of  coroner  selling  property  of  decedent 
to  allowance  for  funeral  expenses  in  ac- 
tion by  administrator.  1915D,  948. 

Distribution ;  accounting;  settlement; 
discharge. 

—  in  general. 

Annotation. 

Effect  of  discharging  executor  or  ad- 
ministrator before  inheritance  tax 
is  paid.  1917E,  1162. 

Payment  to  distributee  of  his  distributive 
share  without  notice  to  the  creditors 
and  before  the  passing  of  executor's  ac- 
count. 1917F,  394. 

Collateral  attack  on  decree  of  distribution. 
1915A,  1179. 

Collateral  attack  on  decree  as  to  executor's 
account.  1915C,  518. 

Filing  objections  to  administrator's  account 
because  of  his  collusion  in  establishing 
claim  against  estate.  1915C,  736. 

Allowance  to  widow  incarcerated  for  crime. 
1916E,  593. 

Inheritance  tax  on  allowance  to  widow  or 
family.  1917F,  436. 

Validity  of  discharge  of  executor  before  he 
has  paid  inheritance  tax.  1917E,  1160. 

Allowance  by  courts  of  testator's  domicil 
of  inheritance  tax  after  decree  of  other 
state  discharging  administrator.  1915D, 
450. 

—  commissions;  reimbursement. 

Annotation. 

Bight  of  executor  to  allowance  for  at- 
torneys' fees  for  services  ren- 
dered in  attempt  to  establish  or 
resist  attaclc  upon  will.  19 17 A, 
45O. 

Right  of  executor  to  allowance  for  services 
and  expenses  in  unsuccessful  effort  to 


probate   will   against   contest. 
448. 


1917A, 


Reimbursement.     1917A,  448;   1917B,  1043. 

Requiring  the  half  interest  of  the  heirs  of 
a  wife  in  community  property  to  bear 
part  of  the  cost  of  administering  the 
estate  of  the  husband.  1917F,  1137. 

—  deduction  or  set-off. 

Jurisdiction  to  order  deduction  of  indebted 

ness  of  distributee  to  estate.     lOHA. 

1179. 
Priority  of  lien  for  indebtedness  of  heir  to 

estate  over  liens  of  judgments  against 

him.     1915A,  1179. 

Sale  of  land  for  debts. 

Necessity  of  statement  of  the  case  on  ap- 
peal from  order  refusing  to  grant  pe- 
tition for  sale  of  land.  1915D,  754. 

Appealability  of  order  refusing  to  grant  pe- 
tition for  sale  of  land.  1915D,  754. 

Collateral  attack  on  judgment  directing  sale 
of  realty  to  pay  debts.  1916E,  298. 

Right  of  creditors  in  a  foreign  jurisdiction 
to  apply  for  the  sale  of  real  estate. 
1915D,  754. 

Presumption  of  genuineness  of  written  con- 
sent by  infant  remaindermen  to  sale  of 
land.  1917E,  1103. 

Adverse  possession  by  purchaser  at  ad- 
ministrator's sale  for  payment  of  debts 
which  is  void  as  against  remainder- 
men. 1917E,  1103. 

Sale  of  land  of  nonresident  decedent  to  pay 
debts  proved  in  domiciliary  jurisdiction 
to  exclusion  of  heirs  in  state  where 
land  is  located.  1915D,  754. 

Sale  of  land  to  pay  claims  properly  filed 
in  the  state  of  administrator's  appoint- 
ment, but  not  filed  within  time  limited 
in  ancillary  administration  in  the  state 
where  the  property  is  situate^.  1915D, 
754. 

Foreign  and  ancillary  administrators. 

Liability  for  inheritance  tax.     1915D,  450. 

Situs  in  state  of  ancillary  administrator  of 
stock  for  purpose  of  transfer  on  books 
of  company.  1915C,  471. 

Requiring  legatee  to  establish  his  claim 
in  ancillary  proceedings;  effect  of  local 
statutes.  1915 A,  431. 

Power  of  foreign  creditor  of  nonresident 
leaving  property  in  the  state  to  gain 
the  advantage  of  a  resident  by  secur- 
ing judgment  against  the  estate  in  the 
courts  of  the  state.  1915F,  1041. 

Right  of  creditors  to  prove  their  claims  in 
either  jurisdiction  where  there  are  both 
principal  and  ancillary  administrations. 
1915D,  754. 

Effect  of  failing  to  file  claims  in  ancillary 
administration  vithin  time  limited 
where  they  were  properly  filed  in  prin- 
cipal administration.  1915D,  754. 


EXECUTORY  CONTRACTS. 

Annotation. 

Right  of  trustee  in  bankruptcy  with  re- 
spect to  executory  contracts  of 
bankrupt.  1917F,  657. 


EXECUTORY  CONTRACTS— EX  MALEFICIO. 


183 


Of  bankrupt,  assumption  of,  by  trustee. 
1917F,  654. 

Anticipatory  breach.     1915E,  851. 

Damages  for  breach  of  executory  contract 
of  purchase.  1915E,  851. 

Right  of  one  in  possession  under  executory 
contract  of  purchase  to  maintain  ac- 
tion for  injury  to  land.  1915F,  1289. 

Subjecting  to  judgment  lien  interest  of 
vendee  in  possession  under  executory 
contract  of  purchase.  1915B,  340. 


EXECUTORY  DEVISE. 

See  WILLS. 


EXEMPLARY   DAMAGES. 

See  DAMAGES. 


EXEMPTIONS. 

In  general. 

Property  and  rights  exempt. 

Who  may  claim. 


In  general. 

Homestead  exemption,  see  HOMESTEAD. 

From  taxation,  see  TAXES. 

From  process  or  arrest,  see  WBIT  AND  PBOC- 

ESS. 

Annotations. 

What  constitutes  a  "family"  under 
exemption  laws.  1917C,  361. 

Amount  of  wages  exempt  upon  succes- 
sive garnishments.  1917D,  899. 

Inability  of  one  whose  exempt  property  is 
seized  under  execution  to  give  bond  to 
stay  seizure  and  sale,  to  estop  him 
from  thereafter  attacking  sale.  1917F, 
732. 

Impairment  of  obligation  of  contract  by  ex- 
emption law.  1917F,  1137. 

Liberal  construction  of  exemption  laws. 
1916B,  1288. 

Evasion  of  exemption  laws  by  creditor. 
1915A,  1186. 

Selection  of  exempt  property.     1915D,  381. 

As  against  claim  of  the  state  for  fines. 
1915A,  1214. 

Successive  garnishment  of  wages.  1917D, 
898. 

Property  and  rights  exempt. 

Annotation. 

Statutory  exemption  of  proceeds  or 
avails  of  life  insurance  as  inuring 
to  benefit  of  estate  where  policy  is 
payable  to  executors  or  administra- 
tors, or  estate.  1917F,  1143. 


Liberal     construction     of     exemption     law. 

1916B,  786,  1288. 
Exemption    of    proceeds    of   insurance    that 

acquires     homestead     character     after 

fire.     1917C,  353. 
Insurance    on    life.      1915A,    1201;     1917F, 

1137. 

Chickens  and  ducks.     1916B,  786. 
Exemption  of  "all  provisions  and  forage  on 

hand   or   growing    for   home   consump- 
tion."    1916B,  786. 
Exemption  of  tools  and  apparatus  used  in 

any  "trade  or  profession."    1915F,  916  j 

1916B,  1288. 

Who  may  claim. 

Nonresidents.    1915A,  396,  421. 


EXHAUSTION. 

Death  from  pneumonia  following  exhaustion 
from  overwork  and  exposure  to  cold  as 
within  protection  of  Workmen's  Com- 
pensation Act.  1917D,  77. 


EXHIBITION. 

Of  person  to  jury,  see  DISCOVERY  AND  IN- 
SPECTION. 

Annotation. 

Of   child   for   purpose   of  determining 

paternity  in  bastardy  proceedings. 

1917B,    1148. 

Of  person  to  jury.     1917B,  1143. 
In  street.     1915F,  568. 

Loss    of    property    placed    on    exhibition. 
1915A,  594. 


EXHIBITS. 

With  pleading,  see  PLEADING. 

Taking  exhibits  into  jury  room  as  revers- 
ible error.     1915C,  315. 


EXISTING  OBLIGATION. 

Annotation. 

Performance  of  existing  contract  obli- 
gation as  consideration  for  new 
promise  by  stranger  to  the  contract. 
1917D,  11O4. 

Performance  of,  as  consideration  for  con- 
tract. 1917D,  1100. 


EX  MALEFICIO. 

Trust    ex    maleficio.      1915A,    711;    1915C, 
328. 


184 


EX  PARTE  AFFIDAVITS— EXPLOSIONS  AND  EXPLOSIVES. 


EX  PARTE  AFFIDAVITS. 


As  evidence.     1917B,  132. 

In  contempt  proceeding.    1917B,  113. 


EX   PARTE    ORDER. 

For  appointment  of  receiver.     1915A,  606. 


EXPECTANCIES. 

Rights  of  heirs  and  distributees  in  dece- 
dent's estate  generally,  see  DESCENT  AND 
^ISTBIBUTION. 

Annotation. 

Effect  upon  sale,  assignment,  or  re- 
lease of  expectancy  of  assignor's 
predecease  of  ancestor.  1917C, 
267. 

Rights  of  assignee  of  expectancy  of  one  who 
predeceases  his  ancestor,  as  against 
heirs  of  grantor.  1917C,  266. 

Death  of  heir  assigning  expectancy  within 
lifetime  of  his  ancestor.  1917D,  228. 


EXPENDITURES. 

Estoppel  by  permitting.    1915A,  288;  1916B, 
653;    1916C,  233,  939. 


EXPERT  TESTIMONY. 

Admissibility  of,  see  EVIDENCE. 

Weight    of.      1915A,    1078,    1088;    1916A, 
1079;  1916D,  144,  1074. 

4  •  » 


EXPLANATION. 

Parol  evidence  for  purpose  of,  see  EVIDENCE. 
Evidence    in    explanation    or    rebuttal,    see 
EVIDENCE. 


EXPLOSIONS  AND  EXPLOSIVES. 

In  general. 

Itegnlation  of  explosives. 

Injuries   from   accidental   explosions. 

—  in  general. 

—  illegal    or  negligent   storage   or 

keeping. 

—  negligent     shipment     or    trans- 

portation. 


In  general. 

Of  blast,  see  BLASTING. 


Annotation. 

Keeping  of  explosives  on  insured  prem- 
ises. 1917C,  278. 

Use    of    explosives    on    ins-ired    premises. 

1917C,  276. 
Expiosion  as  causo  of  loss  insured  against. 

1917C,  487. 

Mechanics'  lien  for  explosives.     1915B,  708. 
Injunction  against  operation  of  powder  mill. 

1915A,  615. 

Regulation  of  explosives. 

Exclusiveness  of  Federal  regulations  as  to 
shipment  of  explosives.  1916B,  716. 

Injuries   from  accidental   explosions. 

—  in  general. 

Proximate  cause  of  injury,  see  PROXIMATE 
CAUSE. 

Annotations. 

Applicability  of  rule  res  ipsa   loquitur 

in  case  of  injury  to  servant  by  ex- 

2>Zo.sJon.     1917 E,  187. 
Liability   for   injury    to    children   from 

explosives   left   accessible   to   thi'in. 

1917  A,  1295. 

Presumption  and  burden  of  proof  as  to  neg- 
ligence. 1916E,  1074;  1917C,  487. 

Evidence  in  action  for  injury  by  explosion. 
1915D,  834;  1917F,  1043. 

Sufficiency  of  proof  of  negligence.  1915F, 
1000;  1916B,  716;  1916E,  1074. 

When  limitations  begin  to  run  against 
right  of  action  for.  1917B,  1253. 

Who  bound  by  judgment  in  action  for  in- 
jury by  explosion.  1915C,  336. 

Right  of  seller  to  recover  from  manufac- 
turer amount  which  he  is  compelled  to- 
pay  a  purchaser  for  injury  due  to  ex- 
plosion of  oil.  1915C,  336'. 

Liability  of  master  for  negligence  of  em- 
ployee. 1915F,  945;  1917A,  1290. 

Liability  of  city  for  negligence  of  employees 
as  to  explosives.  1917A,  992;  1917C, 
429. 

Injurv  to  servant  by  explosion.  1915F,  578, 
1*000;  1916D,  Lll;  1917E,  178,  182; 
1917F,  1043. 

In  discharge  of  fireworks.     1917B,  1239. 

Injuries  to  child.  1915F,  638;  1917A,  992, 
1290;  1917C,  429. 

Injury  through  fright  caused  by  explosion. 
1915D,  830;  1916E,  743. 

Injury  by  explosion  of  gas.  1915D,  830; 
191 6  A,  1224;  1916D,  1138. 

—  illegal  or  negligent  storage  or  keep- 
ing. 

Instructions  as  to.     1917F,  1043. 
Negligent  storage  of  dynamite  as  proximate 

cause  of  injury.    *1917F,  621. 
Liability  of  powder  company  aiding  person 

in    storing    dynamite    contrary   to   city 

ordinance.      1917F,   621. 
Negligence    in    keeping    solidified    glycerine. 

1915E.  479. 
As    a    nuisance.      1915A,   615;    1915E,   430; 

1916B,  716. 


I  v 


EXPLOSIONS  AND  EXPLOSIVES— EYESIGHT. 


185 


—  negligent  shipment  or  transporta- 
tion. 

Liability  of  carrier  for  injury  to  neighbor- 
ing property  by  explosion  of  dynamite 
during  transportation.  1916B,  716. 

Injury  to  vessel  by  explosion  of  dynamite 
at  pier.  1916B,  716. 


EXPORTS. 

Duties  on,  as  regulation  of  commerce,  see 
COMMERCE. 


EX  POST  FACTO  LAW. 

See  CONSTITUTIONAL  LAW. 


EXPRESS  COMPANY. 

In  general,  see  CABKIEES. 

Liability  for  injury  to  person  in  office  of. 

1916C,  1208. 
Liability  for  transporting  contraband  liquor. 

1916C,  291. 
Valuation    of    property    of,    for    taxation. 

1915C,  522. 


EXPULSION. 

From    benevolent    society,    see   BENEVOLENT 

SOCIETIES. 
Of  passenger  or  trespasser,  see  CARBIEBS. 

Of  member  of  labor  organization.     1917C, 
1053. 


EXTENDED  INSURANCE. 


See  INSURANCE. 


EXTENSION. 

Of  recognizance  to  subsequent  term  of  court. 

1916F,  361. 
Effect  on  negotiability  of  note  of  provision 

for    extension      of    time    of    payment. 

L.R.A.1916D,  1280. 
Of   time,    discharge   of   surety  by.     1915C, 

831. 


EXTERNAL,   VIOLENT,    AND    ACCI- 
DENTAL MEANS. 

Injury  or  death  of  insured  by.  1915B,  872; 
1915E,  695;  1916B,  617,  1018;  1916D, 
1176;  1916E,  945,  1196. 


EXTINGUISHMENT. 

Of  contracts,  see  CONTRACTS. 
Of  levy,  see  LEVY  AND  SEIZURE. 


EXTORTION. 

Threatening  trespasser  with  prosecution  un- 
less he  makes  compensation  for  injury 
done.  1915B,  1140. 


EXTRADITION. 

Who  are  fugitives.    1915E,  691. 

Right  of  state  to  render  to  one  state  a  per- 
son whom  it  has  extradited  from  an- 
other upon  a  charge  which  is  not  sub- 
stantiated, without  returning  him  to 
the  latter.  1916C,  1251. 


EXTRAORDINARY  FLOOD. 

See  FLOOD. 


EXTRAORDINARY  SERVICES. 

Annotation. 

Right  of  officer,  contractor,  or  stock- 
holder in  absence  of  special  con- 
tract to  compensation  for  extraor- 
dinary services  to  corporation. 
1917F,  319,  335. 

Of  partner,  right  to  compensation  for. 
1917F,  571. 


EYE. 

Recovery  under  Workmen's  Compensation 
Act  for  infection  of,  after  injury  by 
accident.  1916A,  323;  1916C,  1139. 

Extent  of  recovery  under  Workmen's  Com- 
pensation Act  for  loss  of  his  remain- 
ing eye  by  one  who  had  lost  the  other 
several  years  before.  1916B,  1276. 

Measure  of  damages  for  loss  of.     1915F,  21. 

What  constitutes  total  loss  of  eye.  1916C, 
1139. 


EYESIGHT. 

Annotation. 

Duty  toward  Wind  persons  or  persons 
ivith  defective  eyesight  as  to  con- 
dition of  streets.  1917C,  ±26. 

Partial  loss  of,  by  insured  as  total  disabil- 
ity. 1917B,  107. 

Inability  of  witness  to  identify  will  because 
of  failure  of  eyesight.  1915E,  593. 


186  FACILITY  OF  PAYMENT— FALSE  IMPRISONMENT. 

FACILITY  OF  PAYMENT.  FALSE  IMPRISONMENT. 


Clause  as  to,  in  insurance  policy.     1916F, 
457. 


FACTORS. 

Question  whether  contract  constitutes  a  sale 
or  a  consignment  or  agency  contract. 
1917B,  620. 

Right  of  owner  shipping  property  to,  to  re- 
cover it  as  against  purchaser  from 
factor.  1917B,  615. 

Conversion  by  commission  broker.  1917F, 
440. 


FACTS. 

Review  of,  on  appeal,  see  APPEAL  AND  EB- 
BOB. 

Injury  to  patron  of  fair  held  by  state  board 
of  agriculture.  1915E,  469. 

Liability  for  death  of  patron  through  neg- 
ligence of  concessionaire.  1915C,  632. 


FALLING   OBJECTS. 

As  to  missiles,  see  MISSILE. 
Proximate  cause  of  injury  by,   see  PBOXI- 
MATE  CAUSE. 

Annotations. 

Applicability  of  res  ipsa  loquitur  in 
case  of  injury  to  servant  by  fall 
of  object.  1917E,  20 1. 

Contributory  negligence  of  child  in- 
jured by.  1917F,  106. 

Contributory  negligence  of  child  in- 
jured by  object  thrown  or  falling 
from  train.  1917F,  ISO. 

Fall  of  building  clause  in  fire  insurance 
policies.  1917F,  1O64. 

Presumption  of  negligence  as  to.  1915B, 
426;  1915C,  704,  710;  1916F,  1121. 

Stipulation  in  insurance  policy  against  lia- 
bility for  fall  of  building  except  as  re- 
sult of  fire.  1917F,  1061. 

Liability  of  city  for  death  caused  by  fall  of 
pole  in  street.  1917B,  548. 

Liability  of  contractor  erecting  banner  for 
injury  by  fall  after  work  has  been  ac- 
cepted. 1917C,  907. 

Injury  to  employee  by  fall  of  ceiling,  as 
within  protection  of  Workmen's  Com- 
pensation Act.  1917B,  595. 

Injury  by,  to  person  in  express  office. 
1916C,  1208. 

Injury  to  property  by  loose  material  blown 
from  top  of  building  by  wind.  1915F, 
835. 

Neglect  in  permitting  coal  to  roll  over  edge 
of  steep  decline.  1915B,  426. 


In  general. 
Who  liable. 

—  in  general. 

—  officer. 
Defenses;  justification. 


In  general. 

Measure  of  damages  for,  see  DAMAGES. 

Review  on  appeal  of  damages.     1915D,  611. 
Prejudicial  error  in  remarks  of  counsel  or 

court.     1915D,  621;  1917D,  694. 
Question  for  jury  as  to  probable  cause  for 

arrest.     1916F,   399. 
Admissibility  of  evidence  in  mitigation  of 

damages.     1917D,  220. 
Action    for,    where    plaintiff   was    arrested 

under  warrant  valid  in  form  issued  by 

competent     authority     upon,     sufficient 

complaint.    1915A,  601. 

Who  liable. 

—  in  general. 

Liability  of  carrier  for  arrest  of  passenger, 
see  CABBIEBS. 

Liability  of  attorney  taking  deposition,  for 
false  imprisonment  in  requesting  pun- 
ishment for  contempt  of  witness  refus- 
ing to  answer  questions.  1917B,  360. 

Liability  of  governor  for  arrest  made  dur- 
ing existence  of  martial  law.  1915A, 
175. 

Liability  of  militiaman  for.     1915A,  1141. 

Liability  of  complainant.     1915E,  882. 

Principal  or  master.     1915F,  1247. 

Corporations.    1915F,  1247. 

—  officer. 

Annotation. 

Liability   of   magistrate   for   failing   to 

have  prisoner  brought  before  him. 

1917F,   429. 

Sufficiency  of  petition  in  action  for.    19j.5E, 

172. 

Question  for  jury  as  to.     1915B,  505. 
Liability     of     prosecuting    officer.      1916F, 

399. 
Officer  making  arrest.     1915B,  505;  1915D, 

621;   1917F,  427,  1134. 
Liability  of  sheriff  for  wrongful  arrest  by 

deputy.    1915E,  172. 
Magistrate.       1916C,     1295;     1917B,     360; 

1917F,  427. 

Defenses;  justification. 

Evidence  in  justification.     1917D,  694. 

Justifying  arrest  for  one  offense  on  ground 
that  person  arrested  is  guilty  of  an- 
other offense.  1917D,  220. 

Conviction  of  person  charged  with  an  of- 
fense as  justification  for  his  wrongful 
arrest  without  warrant.  1917D,  694. 

Written  statement  by  one  arrested  that  he 
was  disorderly  and  agreeing  without 
consideration  not  to  prosecute  if  let 
off.  1916E,  356. 

Good  faith.     1915D,  611;  1916C,  228. 


FALSE  PRETENSES— FARMING  UTENSILS. 


187 


FALSE  PRETENSES. 

Fraudulent  representations  in  civil  cases, 
see  FBAUD  AND  DECEIT. 

Annotation. 

Promise  of  marriage.     1917E,  SOS. 

Prejudicial  error  in  remarks  of  counsel. 
1917E,  797. 

Permitting  victim  to  testify  that  he  is  now 
working  for  his  board.  1917E,  797. 

Evidence  as  to  acts  and  declarations  of 
third  persons.  1915B,  1125. 

Evidence  of  other  crimes.     1917E,  797. 

Sufficiency  of  proof  of.  1915C,  1161;  1917E, 
797. 

Sufficiency  of  evidence  to  show  tl,at  draft 
taken  from  victim  of  the  confidence 
game  was  not  his  property.  1917E, 
797. 

Indictment  for.  1916E,  783,  1104;  1916F, 
683;  1917E,  797,  849. 

Obtaining  professional  services  of  physi- 
cian by.  1917E,  1046. 

Liability  as  accessory  before  the  fact. 
1917E,  797. 

Definition  of.     1917E,  849. 

Cashier's  check  as  property  within  statute 
defining  confidence  game.  1917E,  797. 

Check  obtained  by,  as  a  thing  of  value. 
1916E,  1104. 

Giving  of  worthless   check.     1917E,   849. 

Securing  possession  of  draft  to  keep  for 
owner,  then  cashing  it  and  appropriat- 
ing the  proceeds.  1917E,  797. 

In  selling  live  stock  above  the  market  price 
by  misrepresenting  such  price.  1916C, 
1101. 

Promise  to  marry  a  man  so  as  to  obtain 
money  from  him  with  no  intention  of 
fulfilling  the  promise.  1917E,  797. 

By  employee  who,  having  assigned  his 
wages,  procures  them  to  be  paid  to 
himself.  1916D,  267. 

Defense.     1916E,  1104. 


FALSE  REPRESENTATIONS. 

See  FBAUD  AND  DECEIT. 


FALSE  SWEARING. 

In  general,  see  OATH;  PEBJUBY. 

Provision     as     to,     in     insurance 
1917E,  983. 


policy. 


FAMILY. 

Annotation. 

What     constitutes    a     "family"     under 

homestead    and     exemption    laws. 

1917C,   361. 

Existence  of,  within  meaning  of  homestead 
law.     1917C,  353,  356. 


FAMILY  EXPENSES. 

Annotation. 

What  constitute  family  expenses  with- 
in statute  rendering  wife  or  her 
property  liable  therefor.  1917F, 
S61. 

What  are  family  expenses  for  which  wife 
may  be  held  liable.  1917F,  860. 


FAMILY  HISTORY. 

Annotation. 

Statements     respecting,      by     insured. 
1917C,    866. 


»» 


FARE. 

For  passenger,  see  CABBIEBS. 


FARM. 

Construction  of  representation  by  vendor  of 
farm  that  it  is  in  good  condition  for 
cropping.  1917C,  270. 

Modification  by  equity  of  trust  in  farm 
lands.  1916B,  1073. 


FARM  CROSSING. 

Duty  of  railroad  company  as  to. 
1294;  1917D,  907. 


1916F, 


FARMERS. 

See  also  AGBICULTUBAL  SOCIETIES;  AGEI- 
CULTUBE. 

Annotation. 

Effect  upon  state  insolvency  latvs  of 
provisions  of  Federal  Bankruptcy 
Act  excepting  farmers  from  invol- 
untary bankruptcy.  1917A,  1O9. 

Total  disability  of,  within  meaning  of  in- 
surance policy.  1917C,  910. 

Involuntary  bankruptcy  proceedings  against 
farmer.  1917A,  105. 

Exempting  farmers'  mutual  insurance  com- 
panies from  statute  regulating  insur- 
ance rates.  1915C,  1189. 


FARMING. 

In  general,  see  AGBICULTTJEE. 
Of  public  office.     1916E,  618. 


FARMING   UTENSILS. 

Annotation. 

Property   covered   by   insurance   polf&r 


on     "farming 
937. 


utensils."      1917B, 


What  covered  by  insurance  on.    1917B,  934. 


188  FARM  LABORERS— FERRIES. 

FARM  LABORERS. 


Annotations. 

Who    is,     irilhin     statute    giving    lien. 

1917D,    382. 
Who  is  a  farm  laborer  within  meaning 

of    Workmen's   Compensation   Act. 

1917D,  147. 

Effect  of  exclusion  of,  from  operation  of 
Workmen's  Compensation  Act.  1916D, 
412;  1917D,  1,  15. 

Who  is  a  farm  laborer  entitled  to  lien. 
1917D,  377. 


FARM   LOANS. 

Constitutibnality  of  statute  providing  for. 

191 7A,  495.     • 
Partial    invalidity    of    Farm    Loans    Act. 

1917B,  495. 
Right  of  taxpayer  to  enjoin  enforcement  of 

Farm  Loans  Act.     1917A,  495. 
Exemption  from  payment  of  recording  fee 

of  farm  loan  mortgages.     19 17 A,  495. 


FAULTY  CONSTRUCTION. 

Of  leased  building,  injury  to  tenant's  goods 
as  result  of.    1917B,  235. 


FEDERAL  COURTS. 

In  general,  see  COUBTS. 
Following  state  decisions,  see  COUBTS. 
State    courts    following    decisions    of,    see 
COURTS. 

Assignability  of  cross  errors  in.     1917E,  1. 


FEDERAL  DECISIONS. 

Effect  of,  in  state  courts,  see  COUBTS. 


FEDERAL  EMPLOYERS'  LIABILITY 
ACT. 


See  MASTEB  AND  SEBVANT. 


FEDERAL    QUESTION. 

Presentation  of,  authorizing  appeal  to  Unit- 
ed States  Supreme  Court,  see  APPEAL 
AND  EBBOB. 

Jurisdiction   of,  generally,   see   COUBTS 


FEDERAL  SAFETY  APPLIANCE 
ACT. 

Application  of,  to  interurban  electric  rail- 
way.    1917A,  558. 


FEES. 


In  general,  see  COSTS  AND  FEES. 

Of  county  attorney,  SGC  DISTBICT  AND  PBOS- 

ECUTING  ATTOBNEYS. 
Inspection  fees,  see  INSPECTION. 
Of  officers,  see  OFFICEBS. 

Imposition    of    fee    for    filing    candidate's 
nomination.     191 5B,  197. 


FELLOW  SERVANTS. 

See  MASTEB  AND  SEBVANT. 


FELONY. 

Compounding  felony,  see  COMPOUNDING  FEL- 
ONY. 


FENCES. 

On  railroad  right  of  way,  see  RAILBOADS. 

Annotations. 

Mechanics'    lien  for   fencing.      1917D, 

353. 
Liability  of  property  oivner  for  injury 

to  persons  or  property  in  highway 

due  to  condition  of  fence.     1917E, 

812. 

Effect  of  permitting  highway  to  be  inclosed 
by  fences.  1915B,  1084. 

Insufficiency  of  fence  around  reservoir. 
1915D,  850. 

Injurv  to  animals  as  result  of  insufficiency 
of.  1915D,  1074. 

Lack  of  fence  as  affecting  liability  to  serv- 
ant. 1916E,  204. 

Fence  as  nuisance.     1916E,  871. 

Liability  for  erecting  spite  fences.  1916F, 
903. 


FENDER. 

Negligence  in  leaving  fender  projecting  from 
rear  of  street  car.  1917C,  410. 

Negligence  in  failing  to  equip  street  car 
with.  1915A,  742. 


FERRIES. 

Exclusive  right;   subsequent  ferry.     1916D, 
828. 


FERTILIZER— FIREARMS. 


189 


FERTILIZER. 

Warranty  on  sale  of.     1915D,  875. 


FICTITIOUS    NAME. 

Use  of,  as  tradename.     1915D,  981. 
Failure  to  comply  with   regulations  as  to 

right  to  do  business  under.    1915E,  747; 

1915D,  981,  987;   1916D,  352. 


FICTITIOUS   SUIT. 

Inciting  institution  of,  as  contempt.    1915B, 

689. 
Obstructing  justice  by  inciting  institution 

of.     1915B,  689. 


FIDELITY  INSURANCE. 

See  BONDS. 


FIDUCIARIES. 

Paying  individual  check  of  fiduciary  out  of 
trust  fund.  1915B,  715;  1915E,  309; 
19KE,  610;  1916F,  1059. 


FIDUCIARY  RELATION. 

Between  corporations  and  officers,  see  COR- 

POBATIONS. 


FIERI  FACIAS. 

See  EXECUTION. 


FIGHTING. 

Injury  received  during  fight  as  accident 
within  meaning  of  insurance  policy. 
1915E,  127. 


FILING. 


FINALITY   OF  DECISION. 

For  purpose  of  appeal,  see  APPEAL  AND  ER- 
ROR. 


FINANCIAL   STANDING. 

Evidence  as  to,  see  EVIDENCE. 


FINDER. 

Larceny  of  property  founded.    1916A,  465. 
When  money   is  lost  so  as  to  entitle  dis- 
4   coverer  to  its  custody.    1916A,  465,  655. 


FINDINGS. 

Review  of,  on  appeal,  see  APPEAL  AND  ER- 
ROR. 

Prejudicial  error  as  to,  see  APPEAL  AND  ER- 
ROR. 

By  the  court  generally,  see  TRIAL. 

Review  of  findings  of  Workmen's  Compen- 
sation Commission,  see  WORKMEN'S 
COMPENSATION. 


FINES. 

As  to  penalties  generally,  see  PENALTIES. 

Exemption  as  against  claim  of  the  state  for. 
1915A,  1214. 

Duty  of  state's  attorney  to  prosecute  action 
to  recover.  1917B,  176. 

Sufficiency  of  title  of  act  providing  for  dis- 
posal of.  1917B,  176. 

Repeal  of  statute  providing  for  disposition 
of.  1917B,  176. 

Statute  providing  fine  for  failure  to  pay 
wages  in  cash.  1915B,  645. 

Right  of  prosecuting  attorney  to  commis- 
sion on  fines  collected  by  him.  1917B, 
176. 

Lien  on,  of  state's  attorney,  for  compensa- 
tion. 1917B,  176. 

Who  entitled  to  interest  accumulated  upon. 
1917B,  176. 

For  contempt.     1915D,  569;  1917E,  703. 


FIREARMS. 


Of  chattel   mortgage,   see   CHATTEL   MORT-  I  Right  to  carry,  see  CARRYING  WEAPONS. 

Negligence  in  sale  of,  to  infant.    1915C,  460. 


Of  rates  by  carrier.  1917A,  265;  1917B, 
787;  1917C,  1124;  1917F,  1128. 

Imposition  of  fee  for  filing  candidate's  nomi- 
nation. 1915B,  197. 


Injury  through  discharge  of  gun  in  hands 
of  hunting  companion.  1915E,  267. 

Trespass  for  injury  caused  by  accidental 
discharge  of  firearm.  1916D,  1179. 


190 


FIRE  DEPARTMENT— FISHERIES. 


FIRE  DEPARTMENT. 

Annotation. 

Liability  of  street  railway  company  for 

injury  caused  by  collision  with  fire 

apparatus.     1911E,  415. 

Negligent  storage  of  dynamite  as  proximate 

cause  of  death  of  fireman.    1917F,  621. 
Liability  of  charitable  institution  for  injury 

to  fireman  by  unsafe  condition  of  fire 

escape  on  building.    1917D,  967. 
Liability  of  city  for  injury  by  fall  of  pole 

in   street   used  exclusively   by   its   fire 

department.     1917B,  548. 
Liability  of  municipality  for  negligence  of 

firemen.     1917B,  548;   1917E,  1170. 
Imputing  negligence  of  driver  of  fire  truck 

to   fireman   riding   with    him.      1917E, 

405. 
Contributory  negligence  of  fireman  injured 

by   collision   with   street   car.     1917E, 

405. 

4  «  » 


FIRE  ESCAPES. 

On  buildings,  generally,  see  BUILDINGS. 

Liability  of  charitable  institution  for  in- 
jury to  fireman  by  unsafe  condition  of 
fire  escape  on  building.  1917D,  967. 


FIRE  INSURANCE. 

See  INSURANCE. 


FIRE  LIMITS. 

Validity  of  regulations  as  to.     1915D,  595. 


FIREMEN. 

Members  of  city  fire  department,  see  FIBE 
DEPARTMENT. 

Liability  of  master  for  death  of  locomotive 
fireman  by  overturning  of  engine. 
1917E,  210. 

Regulating  hours  of  labor  of  stationary  fire- 
men. 1916B,  1270. 


FIRES. 

Criminal  liability  for  setting,  see  ARSON. 
Insurance  against  loss  by,  see  INSURANCE. 
Proximate  cause   of  loss  or  injury  by,  see 

PROXIMATE  CAUSE. 
Liability  of  railroad  for,  see  RAILROADS. 


Annotations. 

As    an    attractive    nuisance. 
1O36. 


1917F, 


Contributory  negligence  of  child  in- 
jured by.  191T/F,  1O8. 

Danger  of,  as  element  of  damages  in  con- 
demnation proceedings.  1916A,  1079. 

Opinion  evidence  as  to  cause  of.  1915A, 
1045;  1915D,  229. 

Right  of  life  tenant  to  recover  for  damages 
to  remainder  from  one  negligently  set- 
ting fire  to  property.  1916A,  787. 

Right  of  electric  company  to  sever  wires  to 
store  in  case  of  fire.  1916D,  447. 

Negligence  as  to  wall  left  standing  afler. 
1915C,  704. 

Recovery  for  personal  injuries  received  in 
fighting  prairie  fire  negligently  set. 
1915E,  991. 

Liability  for  act  of  bartender  in  pouring 
alcohol  upon  foot  of  guest  and  setting 
fire  thereto.  1916E,  269. 

Master's  liability  for  damage  by  fire  set  by 
servants.  1916F,  1120. 

Liability  of  bailee  for.     1915B,  295. 

Municipal  liability  for  injury  by.  1917B. 
1239;  1917D,  914. 

Liability  for  injury  to  infant  by.  19l7Fr 
1033. 

Destruction  of  building  by,  measrure  of  dam- 
ages. 1917A,  365. 

Liability  for  rent  after  destruction  of  the 
property.  1916F,  276. 

Frightening  cattle  by  negligently  setting 
lire  to  pasture.  1917C,  983. 


FIRE   UNDERWRITERS. 

See  INSURANCE. 

*-•-• 


FIREWORKS. 

Annotalion. 

Keeping     of,     on     insured     premises. 
1917C,  278. 


FISHERIES. 

Right  of  person  owning  soil  of  meandered 
lake  to  fish  in  waters  of  the  lake,  in 
violation  of  statute  designed  to  protect 
the  fish.  1916E,  522. 

Statute  as  to  condemnation  of  property 
used  in  violation  of  fish  laws.  1916F, 
910. 

Seizure  without  warrant  of  property  used 
in  violation  of  fish  and  game  laws. 
1916F,  910. 

Exercise  of  right  of  eminent  domain  for 
acquisition  of  oyster  beds.  1915E,  443. 

Impairment  of  contract  rights  of  lessee  of 
oyster  bed.  1915E,  443. 

Effect  of  judgment  to  bar  proceeding  to 
ascertain  whether  oyster  bed  is  desir- 
able for  public  use.  1915E,  443. 


FISH  WARDEN— FOOD. 
FISH    WARDEN. 

Authority  to  arrest.     1915F,  1031. 


FITNESS. 

Warranty  of,  see  SALE. 


FIXTURES. 


In  general. 

What  are  generally. 

Effect  of  mortgage. 

Remedies. 


In  general. 

Allowance  for,  on  condemnation  of  prop- 
erty. 1915D,  492;  1916D,  713. 

Authority  of  real  estate  agent  to  bind  prin- 
cipal by  representations  as  to  fixtures. 
1915F,  634. 

False  representations  as  to,  by  vendor  of 
property.  1915F,  634. 

Tenant's  right  to  remove  fixtures.  1915A, 
654;  1915E,  822. 

WJiat  are  generally. 

Eflect  of  intent  of  parties.     1916F,  1275. 

Refri«eratins*  plant  sold  conditionally. 
1916E,  615. 

Wharf  affixed  to  soil.     1916A,  691. 

Effect  as  to  third  persons  of  agreement  be- 
tween landlord  and  tenant  as  to. 
1915E,  822. 

Amusement  devices  placed  by  lessee  in 
amusement  park.  1915A,  654. 

Effect  of  mortgage. 

What   are   fixtures    as   between   conditional 

vendor    of   chattels    and    mortgagee    of 

real  estate.     1915F,  1275. 
Right   to   enforce    mechanic's    lien    against 

building  distinct  from  the  land.    1917C, 

1116. 
Building  erected  on  posts.     1917C,  1116. 

Remedies. 

Injunction  to  prevent  municipality  from 
interfering  with  removal  by  street  con- 
tractor of  pavement  rejected  by  city. 
1915B,  173. 


FLAG. 

Forbidding  carrying  of  red  flag  in  parade. 
1915B,  706. 


FLAGMAN. 

Annotation. 

Reliance    on    flagman    by    child    on    or 
about  railroad  trades.    1917F,  151. 


191 


Duty    to    provide,     at    railroad    crossing. 
1915A,  363. 


FLASHLIGHT   POWDER. 

Annotation. 

Keeping     of,     on     insured     premises. 
1917C,   2SS. 

4  •  » 


FLOOD. 

Liability  for  causing,  see  WATER. 

Burden  of  proving  that  storm  occasioning 
flood  was  unprecedented.  1917A,  501. 

Deposit  of  cottage  upon  street  railway 
tracks  by  flood.  191 7C,  1038. 

What  constitutes  an  ordinary  and  what  an 
extraordinary  flood.  1917A,  501. 

Injury  to  property  in  warehouse  by.  1915D, 
725. 

Loss  of  goods  by,  during  transportation. 
1916D,  974. 

Flooding  of  mortgaged  land;  right  of  mort- 
gagor who  is  unable  to  exercise  his 
right  of  redemption  to  damages. 
1917F,  790. 


FLOUR    DUST. 

Annotation. 

Liability  on  insurance  policy  for  loss 

caused    by    explosion    of.      1917C, 

285. 


FLYUTG  SWITCH. 

Negligence  in  making.     1916C,  1029 
-  4  «  » 
F.  O.  B. 

Annotation. 

Which  party  is  to  furnish  cars  under 

a   contract   to   ship    goods   f.    o.    b. 

1917B,   1163. 


Rights  of  parties  to  sale  f.  o.  b. 
1157. 


1917A, 


FOLLOWING  TRUST  PROPERTY. 

See  TBUSTS. 


FOOD. 

Constitutionality  of  regulations  as  to,  see 
CONSTITUTIONAL  LAW. 


192 


FOOD— FORFEITURE. 


As  to  weights  and  measures  generally,  see 
WEIGHTS  AND  MEASURES. 

Annotations. 

Applicability  of  Sunday  laws  to  sale  of 

food    and    refreshments.       1917C, 

381. 

Modification  of  food  products  as  man- 
ufacturing within  tax  exemption 

provisions.      19 17 A,    53. 
Validity    of    regulations    as    to    milk. 

1917C,  243. 
Regulations       affecting       ice       cream. 

1917B,  2O7. 
Implied  warranty  of  fitness  of  animals 

sold   for  slaughter.      1917D,   823. 
Implied  warranty  of  fitness  on  sale  of 

food.     1917F,  472. 

Interstate  commerce  in.  1916E,  380,  1180; 
1917A,  1116;  1917B,  1272. 

Olaim  for  provisions  to  feed  contractor's 
employees,  as  within  protection  of  his 
bond.  19 17 A,  336. 

Collecting,  pasteurizing,  and  selling  milk 
as  a  manufacturing  process  within  tax 
exemption.  1917A,  48. 

Implied  warranty  on  sale  of.  1915C,  179; 
1917F,  469. 

Implied  warranty  of  fitness  on  sale  of  ani- 
mal to  be  slaughtered  for  food.  1917D, 
822. 

Who  may  bring  action  against  seller  of  un- 
fit food  for  breach  of  warranty.  1916D, 
1006. 

Sufficiency  of  title  to  pure  food  act.  1917B, 
808. 

Partial  invalidity  of  pure  food  statute. 
1917B,  808. 

Validity  of  statute  fixing  standard  for  ice 
cream.  1917B,  198. 

Requiring  milk  dealers  to  pay  for  their  pur- 
chases of  milk  twice  a  month.  1917 A, 
480. 

Forbidding  carrier  to  transport  milk  when 
warmer  than  a  specified  temperature. 
1917C,  238. 

Providing  that  certain  food  products  sold 
in  package  form  shall  be  deemed  "mis- 
branded"  if  any  gift  or  premium  is 
contained  in  package.  1917A,  1116. 

What  constitutes  adulteration  within  mean- 
ing of  statute.  1915B,  774. 

Presumption  and  burden  of  proof  as  to 
adulteration.  1915B,  774. 

Presumption  of  negligence  from  violation 
of  statute  forbidding  selling  of  unfit 
food.  191 6D,  1006. 

Statute  regulating  production  of  olcomar- 
garin.  1915A,  757. 

Requiring  one  selling  imported  eggs  to  an- 
nounce that  they  are  imported.  1916E, 
1180. 

Requiring  lard  to  be  sold  in  containers  con- 
taining a  certain  amount  net  weight. 
1916E,  380. 

Requiring  certain  articles  to  be  sold  by 
avoirdupois  weight  or  numerical  count. 
1916E,  377. 

Requiring  net  Aveiglit  of  print  or  package 
to  be  stated  on  label  or  disclosed  by 
seller  to  bayer.  1915D,  515. 


Indictment  for  violation  of  statute  as  to 
weight  of  packages.  1915D,  515. 

Civil  liability  for  injury  from  serving  or 
sale  of  unfit  food.  1915A,  328;  1915B, 
481;  1915C,  179;  1916A,  940;  1916D, 
1006;  1917B,  1272. 

Criminal  offense  of  selling  diseased  or 
spoiled  food.  1916E,  326;  1917F,  469. 


FOOT   SCRAPER. 

Injury   to    servant   tripping   over.      1915F, 
583. 


FORECLOSURE. 

Mechanic's  lien,  see  MECHANICS'  LIENS. 
Of  mortgage  generally,  see  MORTGAGE. 


FOREIGN  CORPORATIONS. 

See  CORPORATIONS. 


FOREIGN     EXECUTORS     AND     AD- 
MINISTRATORS. 

See  EXECUTORS  AND  ADMINISTRATORS. 


FOREIGN  JUDGMENT. 

See  JUDGMENT. 

-  *-*-••  -  • 


FOREIGN    LAW. 

Presumption  as  to,  see  EVIDENCE. 

False   representations   as   to.      1915A,   675. 
Necessity  of  pleading.     1917C,  767. 


FOREIGN  RECEIVER. 

See  RECEIVERS. 


FOREMAN. 


Authority  to  employ  help.     1917C,  1199. 

Delegation  of  master's  duty  to.     1915F,  15. 

Theory  that  negligence  of  foreman  combined 
with  his  negligence  as  a  fellow  servant 
in  causing  injury.  1916F,  1208. 


FORFEITURE. 

Of  franchise  of  insurance  company,  see  IN- 
SURANCE, 


FORFEITURE— FRATERNITIES. 


193 


Of  insurance  policy,  see  INSURANCE. 
Of  lease,  generally,  see  LANDLORD  AND  TEN- 
ANT. 
•Of  oil  or  gas  lease,  see  MINES. 

Of  bail  bond.     1916A,  361;   1916E,  595. 

Of  domicil.     1916E,  1115. 

Of  vehicles  used  in  conveying  liquor  intend- 
ed for  illegal  use.  1916E,  338. 

Of  right  to  cut  or  remove  timber.  1915 A, 
571. 

Of  license  of  foreign  corporation  for  removal 
of  action  against  it.  1915F,  1187. 

Of  franchise  of  telephone  company.  1917F, 
1178. 

•Of  option  for  extended  insurance.  1917A, 
1237. 

Quieting  title  forfeited  for  breach  of  condi- 
-tion  subsequent.  1917C,  879. 

Necessity  of  notice  of  forfeiture  before  com- 
mencing action  for  breach  of  condition 
subsequent.  1917C,  879. 


FORGERY. 

Payment    by    bank    of    forged    paper,    see 

BANKS. 

•Of  check,  generally,  see  CHECKS. 
Of  telegram,  see  TELEGBAPHS. 
Of  travelers'  check,  see  TBAVELEBS'  CHECKS. 

Xiabilitv  as  accessory  ior  principal.  1916F, 
1251. 

Rights  of  purchaser  of  draft  with  forged 
bill  of  lading  attached  as  against  car- 
rier. 1916D,  709.- 

Recovery  of  money  paid  on  forged  draft 
against  United  States  Treasury.  1915D, 
797. 

Of  bill  of  lading.     1916D,  709. 

Of  negotiable  paper  as  defense.     1915A,  166. 

By  administrator.     1915E,  840. 


FORMAL  SUIT  PENDING. 

As  ground   to  the  abatement,   see  ABATE- 
MENT AND  REVIVAL. 


FORMER  JEOPARDY. 


See  CRIMINAL  LAW. 


FORMER    TESTIMONY. 

Admissibility  in  evidence,  see  EVIDENCE. 

4  «  » 

FORTHCOMING  BOND. 

Annotation. 

Effect  of  insertion  of  unauthorized  pro- 
visions   in.      1917B,    1O12. 

L.R.A.  Tri.  Index  1M  5-17— 13. 


FOWL. 

Exemption  of.    1916B,  786. 


FRACTION. 

Of  a  day.    1917B,  103. 

4  «  » 


FRANCHISE. 

To  take  tolls,  see  TOLLS  AND  Toix  ROADS. 
Of  telephone  companies  generally,  see  TELE- 
PHONES. 
Of  water  company,  see  WATERS. 

Annotations. 

Right  to  transfer  or  mortgage  privilege 
to  use  streets  for  telegraph,  tele- 
phone, or  other  quasi  public  pur- 
pose. 1917D,  7O7. 

Lease  of  its  property  as  affecting  lia- 
bility of  foreign  corporation  to 
franchise  tax  or  tax  upon  privilege 
of  doing  business  within  the  state. 
1917D,  1073. 

Valuation     of,    for     purpose    of    taxation. 

1916B,  1222. 

Of  gas  company  to  use  streets.    1915E,  165. 
Forbidding  transfer  of  franchise  of  telephone 

company  to  use  streets.     1917F,  1178. 
Construction   of   contract   regarding  public 

franchise.     1915A,  246. 
Stipulated  damages  in  ordinance  granting. 

1915E,  385. 


FRANCHISE  TAX. 

In  general,  see  TAXES. 

Annotation. 

Lease  of  its  property  as  a£"cting  lia- 
bility of  foreign  corporation  to 
franchise  tax  or  tax  upon  privilege 
of  doing  business  within  the  state. 
1917D,  1O73. 

Valuation  of  franchise  for  purpose  of. 
1916B,  1222. 


FRATERNAL  SOCIETIES. 

See  BENEVOLENT  SOCIETIES. 


FRATERNITIES. 


Excluding  from  state  schools.     1915D,  588. 


191 


FRAUD  AND  DECEIT. 


FRAUD  AND  DECEIT. 

In  general. 

Concealment;  failure  to  disclose  facts. 
Matters   of  opinion  or   of   the   future. 
Intent,    knowledge,    belief,    and    reli- 
ance of  parties. 

Misinformation  by  third  person. 
Remedies. 


In  general. 

Notice  of,  to  one  purchasing  negotiable  pa- 
per, see  BILLS  AND  NOTES. 

Statute  of  Frauds,  see  CONTRACTS. 

Measure  of  damages  for,  see  DAMAGES. 

In  election,  see  ELECTIONS. 

Estoppel  by,  see  ESTOPPEL. 

Presumption  and  burden  of  proof  as  to,  see 
EVIDENCE. 

Evidence  as  to,  generally,  see  EVIDENCE. 

Sufficiency  of  proof  of,  see  EVIDENCE. 

As  to  f^lse  pretenses,  see  FALSE  PRETENSES'. 

In  application  for  insurance,  see  INSURANCE. 

Effect  of,  on  running  of  limitations,  see 
LIMITATION  OF  ACTIONS. 

Of  agent,  see  PRINCIPAL  AND  AGENT. 

Question  for  jury  as  to,  see  TRIAL. 

Annotation. 

Constitutionality  of  Blue  Sky  Laws. 
1917 F,  524. 

Constitutionality  of  Blue  Sky  Laws.    1917F, 

514. 
Imputing  to  principal  agent's  knowledge  of 

his    own    wrong.      1915B,    815,    1091; 

1916C,  1101;   1917F,  300,  303. 
Rebutting  presumption  of.     1915C,  716. 
Collusion  by  administrator  in  establishment 

of  claim  against  estate.     1915C,  736. 
Misrepresentation  by  minor  employee  as  to 

his  age.     1915F,  1082. 
Of  mortgagee  in  securing  possession  of  chat- 

•   tels.     1915E,  192. 
In    discharge    of    mortgage.      1915F,    554; 

1916F,  418. 
Threat,  during  negotiations  for  compromise, 

to  enforce  claim  by  civil  action.    1915B, 

1. 
False    representations   as   to   law   of   other 

state.     1915A,  r,75. 
False  representation  that  ownership  of  land 

carries  privilege  of  using  water  for  ir- 
rigation.    1915A,  673. 
False  representation  by  vendor  as  to  price 

received  on  specified  sales.    1916F,  780. 
Retention  of  title  to  goods  sold  as  fraud. 

1917B,  651. 

Concealment;  failure  to  disclose 
facts. 

Effect  of,  on  running  of  limitations,  see 
LIMITATION  OP  ACTIONS. 

Annotation. 

Duty  of  seller  to  disclose  defect  in 
animal.  1917C,  619. 


Secret  commission  by  owner  of  property  to 
broker  emploved  by  purchaser.  1915D, 
257. 

Failure  of  purchaser  of  note  to  disclose  that 
he  is  making  purchase  for  the  maker. 
1917A,  1725. 

Failure  of  seller  of  animal  to  disclose  de- 
fects in.  1917C,  617. 

Matters  of  opinion  or  of  the  future. 

Annotation. 

Representations  by  vendor  as  to  qual- 
ity or  condition  of  soil.  1917C, 
373. 

False  valuation  of  property  by  vendor. 
1916F,  780. 

Statement  by  vendor  that  irrigation  project 
would  pass  close  to  property.  1916B, 
1069. 

Representation  by  vendor  of  lots  in  town 
laid  out  by  him  that  no  liquor  should 
ever  be  sold  in  the  town.  1917F,  949. 

Representation  by  vendor  of  farm  that  it 
is  free  from 'weeds  which  would  make 
cropping  impracticable.  1917C,  270. 

Expression    of    opinion    by    officer    of    cor- 
poration as  to  value  of  stock  he 
to  purchase  from  stockholder.     1917E, 
988. 

Fraud  in  recognition  of  another  for  credit. 
1915A,  100. 

Intent,  knowledge,  belief,  and  reli- 
ance of  parties. 

Review  of  finding  as  to  reliance  on  repre- 
sentations. '  1915A,  675. 

Equal  means  of  knowledge.  1915F,  634; 
1916B,  697. 

Knowledge  and  reliance  of  party  deceived. 
1915F,  634;  1916B,  607;  191 7C,  270. 

Of  partv  deceiving  or  making  statements. 
1917A,  556;  1917F,  949. 

Misinformation   by   third   person. 

Right  of  general  creditor  to  maintain  ac- 
tion against  third  party  for  fraudulent- 
ly inducing  such  creditor  to  forbear 
legal  action  to  collect  his  debt.  1917E, 
1146. 

Remedies. 

Measure  of  damages  for,  see  DAMAGES. 
Effect    of,    on    running    of    limitations,    see 
LIMITATION  OF  ACTIONS. 

Annotations. 

Validity  and  application  of  incontest- 
able clause  in  insurance  policy  in 
case  of  fraud.  1917E,  338. 

Action  by  general  creditor  for  damages 
against  tliird  person  on  account  of 
fraud  in  disposing  of  debtor's  prop- 
erty, or  preventing  plaintiff  from 
collecting  liis  claim.  1917E,  114=8. 

Fraud  as  ground  of  attack  on  divorce 
decree*.  1O17B,  441. 

Right  of  action  for  fraud  or  deceit  caus- 
ing loss  of  remedy.  1917F,  712. 


FRAUD  AND  DECEIT— FREE  SERVICE. 


195 


failure  to  read  contract  as  affecting 
right  to  assert  fraud  in  respect 
thereto.  1917 F,  637. 

Action  for  fraudulently  preventing  person 
from  bringing  action  within  time  al- 
lowed by  Statute  of  Limitations.  1917F, 
717. 

Effect  of  electing  remedy.     1915F,  962. 

Joinder  of  causes  of  action  for.    1915E,  451. 

Sufficiency  of  proof  of  damages.  1915A, 
075. 

Statute  raising  prima  facie  presumption  of 
fraud.  1915C,  716;  1917D,  15. 

Estoppel  as  to.     1915C,  613. 

Necessity  of  acting  promptly  upon  discover- 
ing fraud  as  to  restriction  in  deed  as 
to  use  of  property.  191 5 A,  679. 

Estoppel  of  insurance  company  by  fraud  of 
agent.  191 5A,' 273. 

Right  of  action  against  third  person  who 
fraudulently  induces  change  of  benefi- 
ciary by  insured.  1916C,  1134. 

Of  insured,  effect  of  incontestable  clause  on. 
1917E,  333. 

EfTect  of  fraud  preventing  action  under 
Federal  Employers'  Liability  Act  with- 
in prescribed  time.  1917E,  322. 

Right  to  recover  money  obtained  by  fraud 
after  its  payment  to  an  innocent  third 
person.  1917A,  704. 

Setting  aside  release  because  of  fraud. 
1917E,  399.  ~*v.  ~" 

As  ground  for  release  from  subscription  to 
stock.  1915D,  792;  1917C,  890. 

Fraudulent  agreement  between  promoter  and 
subscriber  to  corporate  stock  as  defense 
to  liability  on  subscription.  1915A,  390. 

Collateral  attack  on  judgment  for.  1916B, 
977;  1916D,  1,  4. 

As  ground  for  relief  against  judgment. 
1915F,  820;  1916B,  883;  19i7B,  405; 
1917D,  880. 

As  ground  for  divorce.  1916C,  737;  1916E, 
643,  648. 

Annulment  of  marriage  for  fraud  in  procur- 
ing. 1916E,  1273;  1916F,  526. 

Deceit  by  attorney  as  ground  for  reprimand 
or  suspension.  1917B,  378. 

Right  of  one  defrauded  into  taking  lease  at 
certain  rent  to  recoup  his  damages  in 
action  for  rent.  1917B,  760. 

Rescission  of  contract  for,  generally.  1915D, 
257;  1916B,  862;  1916D,  377;  1916F, 
476;  1917C,  617,  890;  1917E,  988. 

Effect  of  death  on  right  to  rescind  contract 
for  fraud.  1916B,  862. 

Plight  of  infant  during  minority  to  rescind 
contract  for  fraud.  1915A,  1221. 

Assumpsit  to  recover  purchase  price  paid  on 
rescission  of  contract  for  fraud.  19 15 A, 
1221. 

Effect  of  death  to  abate  action  to  recover 
for  loss  caused  by  purchase  of  worthless 
stock  induced  by  fraud.  1917D,  832. 

Effect  of,  on  release  from  mortgage.  1917E, 
1052. 

Right  of  one  who  fraudulently  induces  an- 
other to  lend  money  to  a  third,  who 
largely  increases  the  loan,  as  to  applica- 
tion of  payments  made  thereon.  1916E, 
362. 


Right  of  vendee  to  maintain  action  for 
fraud  where  vendor  has  lawfully  termi- 
nated the  contract  for  vendee's  failure 
to  make  stipulated  payments.  1915F, 
962. 

Liability  in  assumpsit  for  purchase  price 
paid,  of  stranger  whose  false  represen- 
tations aided  infant  in  sale  of  property. 
1915A,  1221. 

As  ground  for  injunction  against  illegality 
of  tax.  1916C,  522. 

Fraud  as  element  of  suit  to  enjoin  use  of 
name.  1916D,  116. 

Effect  of  fraudulent  intent  that  note  shall 
be  returned  as  defense  to  action  there- 
on. 1916A,  1215. 


FRAUDS,  STATUTE  OF. 

See  CONTEACTS. 


FRAUDULENT  CONVERSION. 

As     essential     element     of     embezzlement. 
1917B,  1261. 


FRAUDULENT    CONVEYANCES. 

As  to  sales  in  bulk,  see  SALE. 

Annotation. 

Action  by  general  creditor  for  damages 
against  third  person  on  account 
of  fraud  in  disposing  of  debtor's 
property.  1917E,  1148. 


FRAUDULENT    TELEGRAM. 

Liability  of  telegraph  company,   see  TELE- 
GRAPHS. 


FREEDOM  OF  CONTRACT. 

See  CONSTITUTIONAL  LAW. 


FREEDOM  OF  SPEECH  AND  PRESS. 

See  CONSTITUTIONAL  LAW. 

-  *-•-•  - 
FREE  MASONS. 

Exemption  of,  from  taxation.     1917B,  710. 


FREE  SERVICE. 

By  public  service  corporation.     1917B,  908. 


196 


FREEZING— FUGITIVES. 


FREEZING. 

Of  water  pipes  in  leased  building,  injury 
resulting  from.    1917B,  238. 


FREIGHT  CARRIERS. 

See  CASHIERS. 


FREIGHT  CHARGES. 

See  CARRIERS. 


FREIGHT  TRAINS. 

Assumption  of  risk  by  passenger  on.  1917C, 
86. 


FRIGHT. 

In  general. 

Damages  for  mental  anguish,  eee  DAMAGES. 
Pro:    nate  cause  of  injury  by,  see  PBOXI- 
MATE  CAUSE. 

Evidence   in   action   for   injury  caused  by. 

1915D,  834. 
General    rule    as    to    right    to    recover    for 

fright  unaccompanied  by  bodily  injury. 

1917A,  7C8. 

Recovery  for  injuries  from  fright  due  to  wil- 
ful, wanton  and  malicious  acts.  1916D, 

614. 
Injury  in  attempting  to  escape  from  danger 

which,  through  fright,  is  believed  to  be 

imminent.     1916E,  743. 
Injury  by  fall  consequent  upon  faint  caused 

by  an  explosion.     1915D,  830. 
Right  to  recover  for  miscarriage  caused  by 

fright.    1917A,  394,  708. 
Liability  for  injuries  inflicted  upon  property 

owner,    through    shock,    by    street    car 

leaving  tracks  and  running  against  his 

dwelling.     1917D,  813. 

Of  animal. 

Of  horse,  by  railroad  train,  see  RAILROADS. 

Annotations. 

Liability    for    injury    to    animal    from 

fright     caused     by     wrongful     act. 

1917C,   991. 
Liability  for  death  of,  or  injury  to,  one 

attempting     to     stop     a     runaway 

horse.      1917C,    1O83. 
Liability     of     railroad     company     for 

friglitcnitif/    horse    on    highway    by 

flagman      or     warning     device     at 

crossing.      1917C,    982. 

Proximate  cause  of  injury  resulting  from 
fright  of  horse.  1915D,  617. 

Striking  or  frightening  horse  as  an  assault 
1915E,  812. 


Liability  cf  street  railway  company  for  ac- 
cident resulting  from  horse  becoming 
frightened.  1915A,  742. 

Of  horse  by  steam  roller.     1917B,  699. 

Of  horse  by  loose  papers  in  street.  1915D, 
617. 

Of  horse  contributing  to  injury  on  defective 
highway.  1915D,  243. 

Of  mule  by  escape  of  steam  from  railroad 
engine.  1916B,  1079. 

Negligence  in  driving  mule  known  to  be 
afraid  of  automobiles.  1915C,  702. 

Liability  for  injury  to  animals  resulting 
from  fright.  1917C,  983. 

Voluntarily  incurring  risk  in  attempting  to 
stop  runaway  horse.  1917C,  10S(\ 

Injury  to  ono  thrown  from  mule  frightened 
by  swinging  of  unfastened  door  of  house 
60  feet  from  highway.  1917D,  197. 


FRONTAGE  TAX. 

Annotation. 

Assessments  for  improvements  by   the 
front-foot  rule.     1917D,  372. 

For  public  improvements.     1917D,  365. 


FRONT-FOOT  RULE. 

See  FRONTAGE  TAX. 


FROSTBITE. 

Recovery  under  Workmen's  Compensation 
Act  for  frostbite  resulting  in  death. 
1916E,  584. 


FRUIT. 

Statute  for  protection  of,  against  plant  dis- 
eases, see  PLANT  DISEASES. 

Sale  of,  on  Sunday.     1917C,  377. 
Requiring    destruction    of    diseased     fruit. 
1915F,  894. 


FRUIT   TREES. 

Rescission  for  breach  of  vendor's  agreement 
to  plant  and  care  for  fruit  trees. 
191 6F,  430. 


FUGITIVES. 


Extradition  of,  see  EXTRADITION. 


FULL  FAITH  AND  CREDIT— GARBAGE  INCINERATOR. 


FULL   FAITH    AND    CREDIT. 

To  statutes  of  other  state,  see  CONFLICT  OF 

LAWS. 
To  judgment  of  other  state,  see  JUDGMENT. 


FUNERAL  EXPENSES. 

Liability  of  decedent's  estate  for,  see  EXECU- 
TORS AND  ADMINISTRATORS. 

Contract  to  furnish  funeral  as  insurance. 
1915B,  976;  1915D,  501. 

Dissolution  of  corporation  issuing  certifi- 
cates guaranteeing  funeral.  1915B,  976. 


FUTURE   CROPS. 

Mortgage  of.     1917C,  1,  6,  7. 


FUTURES. 

Validity  of  dealing  in.     1916B,  1056, 


FUTURE   WAGES. 

Assignment  of.     1915B,  191;   1915E,  1017; 
1916E,  247. 


GAMBLING. 


See  GAMI::G. 


GAME  AND   GAME  LAWS. 

Constitutionality   of  regulations   as  to,   see 

CONSTITUTIONAL  LAW. 
As  to  fish,  see  FISHERIES. 

Annotation. 

Serving  game  or  fish  with  meal  a«  vio- 
lation of  game  law.  191'1F,  769. 

Authority  of  fish  warden  to  serve  warrant 
of  arrest.  1915F,  1031. 

Application  of  statute  forbidding  sale  of 
game  birds  for  food  purposes  to  serving 
by  a  hotel  keeper  for  pay  of  game  birds 
rightfully  given  to  him.  1917F,  766. 

Seizure  without  warrant  of  property  used 
in  violation  of  fish  and  game  laws. 
1916F,  910. 

Questions  reviewable  on  appeal  from  decree 
determining  ri  rhts  of  ov.ner  of  domesti- 
cated game  birds.  1916C,  338. 

Power  of  Congress  to  pass  laws  for  the  pro- 
tection of  game.  101 5F,  1031. 

Statute  providing  for  condemnation  of  prop 
erty  used  in  violation  of  game  laws. 
1916F,  910. 


Making  illegal  possession  of  game  whish.  had 
been  reduced  to  possession  and  domes- 
ticated at  time  of  passage  of  act. 
1916C,  338. 

Effect  of  statute  for  protection  of  deer  on 
right  to  establish  herd  of  domesticated 
deer  taken  during  open  season.  1916C, 
338. 

Right  of  owner  of  domesticated  deer  to  kill 
them  during  closed  season.  1916C,  338. 

Right  of  court  to  empower  one  maintaining 
flock  of  domesticated  game  birds  to  dis- 
pose of  them  as  he  sees  fit.  1916C,  33&. 


GAMING. 


Validity  of  gaming  contract,  see  CONTRACTS. 
As  to  lottery,  see  LOTTERY. 

Replevin  to  recover  gambling  devices  wrong- 
fully seized.  1915A,  232. 

One  with  whom  bet  is  made  as  an  accom- 
plice of  other  party.  1915D,  682. 

Right  to  seize  gambling  devices  as  a  mat- 
ter of  preventive  justice.  1915A,  232. 


GARAGE. 


Annotation. 

Garage  as  a,  nuisance. 


1917E,  369. 


As  public  nuisance     1917E,  366. 
Forbidding  erection  of  garage  near  church. 

1915D,  607. 
Forbidding    storage    of    inflammable    sub- 

stances   in    certain    locations.      1915D, 

603. 
Estoppel  to  enjoin  use  of.     1916C,  939. 


GARBAGE. 

Grant  of  monopoly  in  removal  of.  1915D, 
203;  1915F,  1069;  1917E,  1163. 

Nuisance  consisting  of  hog  ranch  and 
garbage  assembled  to  feed  the  hogs, 
1917E,  1007. 

Validity  of  ordinance  defining  garbage  and 
regulating  its  removal.  1917E,  1163. 

As  a  nuisance.     1917E,  1163. 

Injury  from  operation  of  garbage  incinera- 
tor. 1917B,  329;  1917F,  475. 

Liability  of  city  for  negligence  in  disposal 
of.  1915C,  747. 

Criminal  liability  of  garbage  reduction  com- 
pany for  nuisance.  1915B,  1207. 


GARBAGE  INCINERATOR. 

Compensation   for   injury   by   operation   of. 

1917B,  329;   1917F,  475. 
Form   of  action  for  injury  from   operation 
.  of  garbage  incinerator.    1917B,  329. 


198 


GARNISHMENT. 


GARNISHMENT. 

In  general. 

Against  whom. 

What    subject   to   garnishment. 
Situs  of  debt. 

Effect;    rights,    duties,    and    liabilities 
of  garnisbee. 

—  in  general. 

—  effect  of  judgment. 

—  priorities. 
Procedure. 


In  general. 

.in  IK  'at  ions. 

Garnishment  of  jttdgment  in  another 
court  of  the  state  in  which  it  was 
rendered.  1917  J),  1139. 

Garnishment  of  debt  after  delivery  of 
check,  in  payment.  1917F,  396. 

Validity  of  assignment  as  against  garnish- 

ment. J916D,   361. 
Evasion  of  "exemption  laws  by  garnishment 

in  another  state.     1915A,   1186. 
Full  faith  and  credit  to  judgment  of  other 

state.     1915A,  1186. 
Garnishment    of    judgment    debtor    under 

judgment  of  the  supreme  court  of  the 

state  in  an  action  in  the  district  court 

by  third  person  against  judgment  cred- 

itors.    1917D,  1137. 
Garnishment    after    delivery    of    postdated 

check  for  amount  of  debt.     1917F,  394. 

Against  whom. 

Liability  to  garnishment  of  one  insuring 
automobile  owner  against  liability  for 
personal  injury,  by  injured  person, 
where  insured  is  insolvent  so  that  the 
judgment  recovered  against  him  is  not 
collectable.  1917F,  924. 

Garnishment  of  administrator  for  share  of 
distributee  after  delivery  of  postdated 
check  for  the  amount  thereof.  1917F, 
394. 

Foreign  corporation.     1915F,  880. 

Public  officers.     1917F,  1117. 

County.    1916E,  1153;  1917B,  1269. 

What  subject  to  garnishment. 

As  to  exemptions,  see  EXEMPTIONS. 
Property   subject   to   levy,    see   LEVY   AND 


Annotation. 

Right  to  garnish  fees  or  salary  of  pub- 

lic officer  after  expiration  of  term  of 

office.     1917F,  1119. 

Salary  due  to  public  officer  after  his  term 
of  office  has  expired.  1917F,  1117. 

Proceeds  of  sale  of  goods  in  hands  of  one 
who  purchased  them  without  complying 
with  bulk  sales  law,  by  creditors  of 
merchant.  191  6B,  970. 

Property  in  carrier's  hands.     1916E,  449. 


Debt  made  up  of  traffic  balances  arising  out 

of  interstate  commerce.     1915F,  880. 
Bank  deposit.     1915D,  139. 
Insurance  money.    1916E,  597;  1917C,  1061. 
Future  earnings.     1917D,  898. 

Situs  of  debt. 

Garnishment  of  debt  due  from  corporation 
doing  business  within  the  state  whore 
action  is  brought  to  corporation  not 
doing  business  therein.  1915F,  880. 

Effect;  rights,  duties,  and  liabilities 
of  garnishee. 

—  in  general. 

Annotation. 

Garnishment  proceedings  and  an  ictinn 
to  recover  the  debt  pending  in  dif- 
ferent states  or  countries  as  sus- 
taining plea  in  bar  or  abatement. 
1917F,  1O16. 

Right  of  debtor  to  plead  in  bar  on  in  abate- 
ment of  suit  by  creditor  fact  that  lie 
was  suir-noned  in  foreign  jurisdiction 
as  garnishee  in  action  against  the 
plaintiff.  1917F,  1013. 

Effect  on  garnishee's  rights  of  assignment 
to  him  of  a  judgment  against  the  debt- 
or rendered  in  another  action.  1917F, 
]006. 

Effect  of  judgment  in  other  state  to  protect 
garnishee.  1915E,  1017. 

Rights  against  garnishee,  of  assignee  who, 
having  notice  of  garnishment,  failed  to 
appear.  1915E,  1017. 

Liability  for  interest,  of  garnishee  holding 
attached  funds  because  of  claim  to  them 
by  stranger.  1917B,  938. 

Effect  of  garnishment  of  bank  deposit  to 
bind  interest  subsequently  accruing. 
1917B,  938. 

—  effect  of  judgment. 

Annotation. 

Possibility  of  appeal  from  dismissal  of 
garnishment  as  affecting  right  to 
•withhold  property  from  debtor. 
1917B,  591. 

Dismissal  of  garnishment  of  bank  deposit; 
effect  of  possibility  of  appeal.  1917B, 

588. 

—  priorities. 

Right  of  one  garnishing  as  against  prior  as- 
signee. 1916E,  79. 

Effect  of  consent  to  sale  of  property  to 
waive  liens  therein  so  as  to  subject 
proceeds  to  garnishment.  1915C,  166. 

Procedure. 

Amendment  of  return  of  service  of  process. 

ln!7C,  148. 
Effect  of  service  on  garnishee  of  defective 

writ.     191 7C,  148. 
Appearance  by  garnishee,  effect  of.     1917C, 

148. 


GAS— GENERAL  DENIAL. 


199 


GAS. 

In  general. 

Compulsory  service  of  gas  company. 

Rates;  meter. 

Injuries  from;  negligence  as  to. 


In  general. 

In  mine,  see  MINES. 

Annotations. 

Keeping     of,      on     insured     premises. 

1917C,  278. 
Death    of    insured    from    asphyxiation. 

1917D,    74:0. 
Liability  for  damage  to  service  mains 

by    excavating    in    street.      1917E, 

1O94. 

Exacting  percentage  of  receipts  of  corpora- 
tion on  extending  its  rights  in  street. 
1915E,  165. 

Right  to  use  private  way  for  access  as  in- 
cluding right  to  lay  gas  pipes  therein. 
1917F,  446. 

Injury  to  gas  mains  laid  in  street  result- 
ing from  construction  of  sewer.  1917E, 
1092. 

Pollution  of  water  by.     1915A,  369. 

Death  of  insured  by.     1917D,  738. 

Compulsory  service  of  gas  company. 

Sufficiency  of  complaint  in  action  for  refusal 
of  company  to  continue  to  supply  con- 
sumer. 1915A,  1208. 

Rates;  meter. 

Valuation  of  property  and  franchises  for 
rate-making  purposes.  1917B,  950. 

Discrimination  as  to  rates.     1917E,  970. 

Provision  in  contract  with  gas  company 
that  consumers  are  to  pay  to  company 
money  stolen  from  prepayment  meters. 
1915A,  1208. 

Penalty  for  delay  in  payment  of  gas  rates. 
1915F,  1180. 

Injuries   from;   negligence   as   to. 

Explosion  as  cause  of  loss  insured  against. 
1917C,  487. 

Presumption  and  burden  of  proof  as  to  neg- 
ligence. 1915D,  830;  1915E,  1022; 
1917C,  487. 

Sufficiency  of  proof  of  negligence.  1915E, 
1022. 

Instructions  as  to  negligence.     1915E,  1022. 

When  limitations  begin  to  run  against  right 
of  action  for.  1917B,  1253. 

Negligence  in  permitting  escape  of  gas. 
1915E,  1022. 

Injury  by  explosion.  1915D,  830;  1916A, 
1224;  1916D,  1138. 

Duty  of  company  to  see  that  mains  are 
laid  far  enough  beneath  surface  of 
street  to  prevent  injury  to  them,  with 
eonsequr-nt  danger  to  persons  in  vicin- 
ity. 1916A,  1224. 


Recovery  against  corporation  to  which  gas 
company  causing  injury  by  its  negli- 
gence has  conveyed  all  its  property. 
1916D,  1138. 


GASOLENE. 


Annotations. 
Keeping     of,     on 

1917C,  278. 
Gasolene  stations. 


insured     premises. 
1917F,   1005. 


Use  of,  on  insured  premises.  1915D,  187; 
1917C,  276. 

Revocation  of  license  for  erection  of  gaso- 
lene pump  in  street.  1917F,  1004. 

Mechanic's  lien  for.    1915B,  708. 

State  inspection  law  as  interference  with 
commerce.  1916D,  193. 

Statute  as  to  testing  of  gasolene  as  to  grav- 
ity and  branding  thereof.  1916D,  193. 


GASOLENE   ENGINE. 

As  fixture.     1915E,  822. 


GASOLENE    STATIONS. 

Annotation. 

Regulations  as  to.     1917F,  1OO5. 

Authority  of  municipality  to  permit  erec- 
tion of,  in  street.  1917F,  1004. 

Right  to  revoke  license  for  erection  of  gaso- 
lene pump  in  street.  1917F,  1004. 


GATES. 

Annotation. 

Effect  of  lowered  gates  on  contributory 

negligence     of    child     at     railroad 

crossing.     1917F,  153. 

Duty  to  provide,  at  railroad  crossing. 
1915A,  363. 

Raised  gates  at  railroad  crossing  as  bear- 
ing on  contributory  negligence.  1916E, 
816. 


GEESE. 

Killing  of,  on  railroad  track.     1915B,  163. 


GENERAL  DENIAL. 

Evidence    admissible    under.      1915E,    131; 
1917D,  571. 


200 


GIFT— GO  VER.N  MENT. 


GIFT. 


In  general. 
Causa  mortis. 
Delivery. 


In  general. 

To  charity,  see  CHABITIES. 

Of  public  money,  see  PUBLIC  MONETS. 

By  will,  see  WILLS. 

Annotation. 

Effect  of  deposit  of  funds  belonging  to 
depositor  in  a  bank  account  in  the 
name  of  himself  and  another. 
1917C,  55O. 

Presumption    and   burden   of   proof   as   to. 

1915E,  648. 

Sufficiency  of  proof  of.    1916E,  283. 
Question  for  jury  as  to.     191 7E,  1060. 
Regulating    use    of,    in    packages   of    food. 

1917A,  1116. 
Necessity    of    acknowledgment   of.      1915B, 

396. 
Of  real  estate  by  husband  to  wife.     1915E, 

648. 
Of  corporate  stock;  necessity  of  transfer  on 

books.     1915D,  733. 
Of  bank  deposit.     1915B,  396;  1917C,  548; 

1917D,  852. 
Of  promissory  note.     1917E,   1060. 


Cansa   mortis. 

Validity  of  gift  causa  mortis. 


1917D,  357. 

Delivery. 

Sufficiency  of  proof  of  delivery  and  accept- 
ance. 1916E,  283. 

Necessity  of  delivery  of  gift  inter  vivos. 
1916E,  283. 

Necessity  of  actual  or  constructive  delivery 
of  gift  causa  mortis.  1917D,  357. 

Delivery  of  key  to  room  in  which  subject  of 
gift  is  stored.  1917D,  357. 

Sufficiency  of  delivery  of  note.     1916E,  283. 

Bank  deposits.     1917D,  357. 


GLYCERIN. 

Explosion    of    solidified    glycerin.      1915E. 
479. 


GOING  BUSINESS. 

Rescission    of    contract    for    purchase    of. 
1916F,  476. 


GOING  VALUE. 

Consideration  of,  in  fixing  value  of  property 
of  public  service  corporation  for  rate- 
making  purposes.  1917B,  930. 


Estimation   of,  on  condemnation  of  public- 
utility  plant.    1916F,  592. 


GOLF   COURSE. 

License  tax  on.     1917E,  314. 


GONORRHEA. 

Recovery  under  Workmen's  Compensation 
Act,  for  gonorrheal  infection  of  eye. 
1916C,  1139;  1917F,  1094. 


GOOD  BEHAVIOR. 

Deduction  from  sentence  for.     1915B,  95. 


GOOD  CHARACTER. 

See  CHARACTER. 


GOOD  FAITH. 

Presumption  as  to,  see  EVIDENCE. 
Evidence  as  to,  generally,  see  EVIDENCE. 
Question  for  jury  as  to,  see  TBIAL. 

Review  on  appeal  of  finding  as  to.     1916A,. 

669. 
Of  stockholders  who  receive  dividends  paid 

out  of  capital.     1917C,  393. 
Of  employer  in  discharging  servant.    1916F, 

882. 
Effect  of,  on  liability  for  conspiracy.    1917C, 

65. 
Effect    of,    on    liability    for    embezzlement. 

1917A,  1287. 
As  defense  to  liability  for   false  imprison- 

ment.    1915D,  611;   1916C,  228. 


GOOD   WILL. 

Of  corporation ;  fraudulent  appropriation  of, 

by  other  company.     191 5D,  632. 
Agreements  in  restraint  of  trade  on  sale  of. 

ini6C,    620;    1917A,    376;    1917F,    251, 

450. 
In  junction   against   exercise  by  vendor   of 

good  will   of   business  sold  to  another. 

1916C,  620. 


GOVERNMENT. 

Separation    of    powers    of,    see    CONSTITU- 
TIONAL LAW. 


GOVERNMENT— GRAND  JURY. 


201 


Annotation. 

Applicability  to  government  of  statutes 

limiting    liability    of   ship    owners. 

1917C,   111O. 

Refusal  of  courts  of  one  country  to  sit  in 
judgment  on  acts  of  government  of  an- 
other. 1917A,  276. 

Conclusiveness  on  courts  of  statement  of 
President  as  to  nonexistence  of  govern- 
ment in  foreign  country.  1917A,  276. 

Recognition  of  foreign  government;  conclu- 
siveness  on  courts  of  declaration  of  de- 
partment of  state,  as  to.  1917A,  276. 

Application  to,  of  limitation  of  liability  of 
ship  owners.  1917C,  1103. 


GOVERNOR. 

Annotation. 

Mandamus  to.     1917F,  774. 

Mandamus  to.     1917F,  770. 

As  relator  in  mandamus  proceeding  con- 
cerning election.  1917F,  215. 

Review  by  court  of  acts  of.  1915A,  175, 
1141;  1915B,  988. 

Presumption  as  to  qualifications  of  persons 
appointed  to  office  by.  1917A,  1244. 

Liability  for  damages  resuming  from  carry- 
ing out  lawful  orders  or  warrants. 
1915A,  175. 

Power  to  call  out  militia.     1915A,  1141. 

Power  to  establish  martial  law.  1915B, 
988. 

Power  of,  during  existence  of  martial  law. 
1915A,  175. 

Power  to  pardon  or  parole  prisoner.  1915F, 
519,  531;  1916A,  1285. 

Power  to  annex  condition  to  pardon.  1915F, 
548. 


GRACE. 

Annotation. 

For  payment  of  premium  after  matur- 
ity of  premium  note.     1917C,  921. 

For  payment  of  premium  after  maturity  of 
premium  note.    1917C,  917. 


GRADE. 

Injuries    from    fixing    and    changing    street 
grade,  see  HIGHWAYS. 


GRADE  CROSSINGS. 


GRADUATING  EXERCISES. 

Holding  graduating  exercises  in  church  and 
permitting  clergyman  to  deliver  invoca- 
tion. 1916D,  399. 


GRAIN. 

Warranty  on  sale  of  seed.    1917C,  539. 

Stipulation  exempting  carrier  from  liabil- 
ity for  discrepancy  in  elevator  weights- 
of.  1917E,  1011. 

Statute  providing  that  when  desired  grain 
shall  be  shipped  in  bulk  and  shall  be 
weighed  upon  receipt.  1917E,  1011. 

Statute  making  sworn  statement  of  shipper 
as  to  amount  of  grain  delivered  to 
carrier  conclusive.  1917E,  1011. 


GRAND  JURY. 

Iii  general. 

Summoning,      impaneling,      and 

charge. 
Qualifications  and  exemptions. 


In  general. 

Quashing  of  indictment  for  matters  as  to 
grand  jury,  see  INDICTMENT,  ETC. 

Annotation. 

Privilege  from,  liability  for  libel  as  to- 

proceedings  of  grand  jury.    1917F, 

765. 

Report  by  grand  jury,  unaccompanied  by 
indictment,  upon  conduct  of  official. 
1917F,  761. 

Right  of  grand  juror  to  testify  concerning 
libelous  report  made  by  jury  outside  of 
its  jurisdiction.  1917F,  761. 

Removing  books  and  papers  from  jurisdic- 
tion of  court  to  avoid  producing  them 
before  grand  jury.  1915B,  913. 

Refusal  of  witness  before,  to  answer  ques- 
tions. 1915D,  1061. 

Effect  of  presence  in  grand  jury  room  of 
stenographer  not  authorized  by  statute. 
1916D,  1118. 

Summoning,  impaneling  and  dis- 
charge. 

Annotation. 

Effect  of  selection  of  grand  jury  by  un- 
authorized person.  1917C,  22O. 

Effect  of  irregularity  in  drawing.  1917C, 
217. 

Right  of  accused  to  complain  that  grand 
jury  to  which  charge  against  him 
should  have  been  presented  was  un- 
justifiably discharged.  1917C,  217. 


Abolition    of.      1916C,    433;     1917C,    1131,    Qualifications    and    exemptions. 

1174.  Disqualification.     1917B,  608. 


202 


GRATUITOUS  BAILEE— GUARDIAN  AND  WARD. 


GRATUITOUS   BAILEE. 

Liability  of  carrier  as  gratuitous  bailee  of 
baggage.    1916E,  478. 


GRAVEL. 

Excuse  for  incomplete  performance  of  con- 
tract to  excavate  gravel.     1916F,  1. 


GRAVEYARD. 

See  CEMETERIES. 


GREEK    LETTER   FRATERNITIES. 

Exclusion  of,   from   state   schools.     1915D, 
588. 


GROCERIES. 

Wife's  liability  for.     1915D,  1184. 


GROCETERIA. 

As  trademark.    1917C,  955. 


GROSS  NEGLIGENCE. 

Refusal  of  instruction  as  to.  1917E,  258. 
Inconsistent  instructions  as  to.  1917C, 

1066. 
Sufficiency    of    evidence   to    show.      1917D, 

875. 

Recovery  for  fright  caused  by.  191 6D,  614. 
Of  carrier;  what  constitutes.  1915A,  142. 
Toward  licensee  on  railroad  track.  1917D, 

666. 
At  railroad  crossing.     1916D,  783;   1917F, 

ns. 

In  making  flying  switch.    1916C,  1029. 


GROSS  PRODUCTION  TAX. 

Validity  of.     1916F,  141. 
Valuation     of     property    for    purpose    of. 
1916F,  141. 


GUARANTY. 

In  general. 

Validity,  construction,  effect. 

Revocation;  conditions;  discharge. 


In  general. 

Of  fidelity  of  employees,  see  BONDS. 
Of  right  to  jury  trial,  see  JURY. 

Sufficiency  of  answer  in  action  on.  1916F, 
1228. 

Rights  of  maker  of  note  transferred  by 
payee  with  guaranty  of  payment  but 
without  indorsement.  1915C,  661. 

Validity,  construction,  effect. 

Conflict  of  laws  as  to  validity  of.     1917E, 

777. 

Validity  of  contract  to  conduct  voting  con- 
test for  merchant  under  guaranty  that 
his  trade  would  be  increased  thereby. 
1917D,  482. 

Guaranty  by  state  of  interest  on  farm  loans. 
1917A,  495. 

Guaranty  by  brewing  concern  of  lease  en- 
tered into  by  saloonkeeper.  1917E, 
777. 

By  bank.    1917A,  737,  1021. 

What  constitutes.  1915C,  661;  1916D,  290; 
3916F,  ]228;  1917D,  485. 

Continuing  guaranty.    1917D,  402. 

Consideration.     1917C,  437. 

Acceptance  and  notice  thereof.    1917D,  402. 

Nature,  extent  and  duration  of  liability. 
1916E,  362. 

Revocation;  conditions;  discharge. 

Right  of  guarantor  to  compel  guarantee  to 
proceed  against  principal  debtor  before 
proceeding  against  guarantor.  1917D, 
402. 

Release  of  guarantor.     1917D,  402. 


GUARANTY  FUND. 

See  STATE  GUABANTY  FUND. 


GUARANTY  INSURANCE. 

Guaranty    of    fidelity    of    employees,    see 

BONDS. 
In  general,  see  INSURANCE. 


GUARDIAN  AND  WARD. 

In  general. 

Rights,  powers,  duties,  and  liabilities. 


In  general. 

Guardians  of  incompetent  persons,  see  IN- 
COMPETENT PERSONS. 

Cancelation  of  debt  by  a  mother  to  her  chil- 
dren as  guardian  by  bequest  in  their 
favor  in  her  will.  1915:0,  1106. 

Application  of  doctrine  caveat  emptor  to 
sale  of  ward's  lands  under  order  of 
court.  1915E,  834. 

Effect  of  guardian's  consent  to  contract  by 
infant.  1915C,  362. 


GUARDIAN  AND  WARD— HACKS  AND  TAXICABS. 


203 


Rights,  powers,  duties,  and  liabilities. 

Annotations. 

Power  of  guardian  to  procure  neces- 
sities for  family  of  his  ward. 
1917B,  678. 

Funds '  on  which  guardian  is  entitled 
to  commissions.  1917C,  193. 

Effect  of  insertion  of  unauthorized  pro- 
vision in  guardian's  &o»;J.  1917B, 
992. 

Requirement  of  notice  by  or  to  guardian  of 
infant  employee  if  Workmen's  Compen- 
sation Act  is  not  to  apply.  1917D,  71. 

Compensation.     1917C,  188. 

Paying  individual  check  of  guardian  out  of 
ward's  account.  1916E,  G10. 

Setting  aside  release  and  settlement  given 
to  guardian  by  ward.  1916E,  854. 

Jurisdiction  to  authorize  guardian  to  exe- 
cute lease  of  infant's  land.  1916F,  493. 

Estoppel  of  guardian  to  deny  that  he  re- 
ceived the  amount  stated  in  his  report 
of  a  sale  of  the  ward's  real  estate. 
1916A,  637. 

Right  of  widow  purchasing  mortgage  on 
homestead  as  against  her  infant  chil- 
dren. 1917F,  430. 


GUARDS. 

On    dangerous    machinery. 
1916F,  866,  949. 


1915F,    1000; 


GUEST. 

Of  tenant,  liability  for  injury  to,  see  LAND- 
LORD AND  TENANT. 

Liability  of  owner  of  automobile  for  injury' 
to  guest.  1916E,  1190;  1917F,  253. 

Liabilitv  of  guest  for  negligence  of  chauf- 
feur. 1915E,  439;  1915F,  876. 


GUN. 


See  FIREABMS. 


GUN  POWDER. 

Annotation. 

Keeping     of,     on     insured     premises. 
1917C,  278. 


HABEAS  CORPUS. 

In  general. 

Scope   of  writ:    qnestions   considered; 

right  to  discharge. 
Procedure;  judgment. 


In  general. 

Original  jurisdiction  of  appellate  court. 
1915B,  95. 

Eight  of  one  who  has  secured  release 
through  habeas  corpus  on  ground  that 
judgment  was  void,  to  defeat  subse- 
quent prosecution  on  ground  of  former 
jeopardy.  1915A,  526. 

Scope  of  writ;  qnestions  considered; 
right  to  discharge. 

Annotation. 

Right  of  minor  unlawfully  enlisted  in 
the  Army  or  Navy  to*  discharge  up- 
on habeas  corpus  from  custody  of 
court-martial  under  charge  of  de- 
sertion or  fraudulent  enlistment. 
1917D,  1O59. 

Habeas  corpus  to  inquire  into  denial  of  bail 
pending  appeal  from  order  refusing  to 
vacate  commitment  under  body  execu- 
tion. 1915E,  340. 

To  secure  release  of  minor  who  enlisted  con- 
trary to  statute  while  charges  are  pend- 
ing against  him  for  fraudulent  enlist- 
ment. 1917D,  1056. 

To  release  one  sentenced  to  imprisonment 
by  court  martial.  1915B,  988. 

In  proceeding  involving  custody  of  child. 
1916B,  977. 

Erroneous  verdict  as  ground  for  release. 
1916F,  960. 

Cruel  and  unusual  punishment  as  ground 
for  release.  1915C,  557. 

Lack  of  jurisdiction.  1915E,  235;  1917D, 
355. 

Constitutionality  of  statute.     1915F,   1093. 

Procedure;  judgment. 

Evidence.     1916B,  977. 

Collateral  attack  on  divorce  decree  as  to 
custody  of  child,  in  habeas  corpus  pro- 
ceedings involving  the  custody  of  child. 
1916B,  977. 

Conclusiveness  of  decree.     1916B,  977. 


HABITS. 

Warranties  or  representations  by  insured  as 
to,  see  INSUBANCE. 


HACKS  AND  TAXICABS. 

As  to  jitneys,  see  JITNEY  BUSSES. 

Annotation. 

Right  of  state  or  municipality  to  forbid 
solicitation  of  patronage  at  rail- 
way stations.  1917D,  690. 

Transfer     company     a*     common     carrier. 

1916D,  1199. 
Discrimination  by  carrier  between.     1915B, 

358. 


204 


HACKS  AND  TAXICABS— HEALTH. 


Injunction  against  enforcement  of  void  ordi- 
nance as  to.  1915F,  726. 

Regulation  of  use  of  highway  by.  1915F, 
840. 

Power  of  municipality  to  assign  stands  to, 
at  railroad  stations.  1915F,  726. 

Forbidding  solicitation  of  patronage  for 
transportation  of  persons  or  baggage. 
1917D,  688. 


HALLUCINATIONS. 

Effect  of,  on  testamentary  capacity.    19 15 A, 
443. 


HAND. 

Extent  of  recovery  by  insured  for  loss  of. 
1915-D,  264. 


HAND  CAR. 

Annotation. 

Contributory  negligence  of  child  in- 
jured by  hand  car.  1917F,  162. 

As  within  meaning  of  statute  punishing  ma- 
liciously setting  in  motion  of  railroad 
car.  1915A,  817. 


HARBOR  LINES. 

Power  of  Federal  government  to  establish. 
1917A,  1007. 


HARBORS. 

State  control  of.    1917A,  1007. 
Control     over,     of     Federal     government. 
1917A,  1007. 


HARDWARE. 

Opinion   evidence  as  to  value  of.     1917A, 
501. 


HARMLESS  ERROR. 

See  APPEAL  AND-  EBROB. 


HAY. 


Tnsurahle  interest  in.     1917A.  -t82. 
Insurance  on  hay  in  stacks  as  covering  hay 


in  bara.     1917B,  934. 
Warranty   on   sale   of   havstacker. 
1076. 


1917C, 


HAYSTACKER. 

Warranty  on  sale  of.    1917C,  1076. 


HAZARDOUS  ARTICLES. 

Prohibition  of  keeping  of,  on  insured  prem- 
ises, see  INSURANCE. 


HEAD  LIGHTS. 

Absence  of,  on  engine.    1916D,  702. 


HEALTH. 

In  general.  v 

Boards  of  health;  officers. 
Regulations   to  protect  health. 

—  in    general. 

—  vaccination. 


In   general. 

As  to  food  regulations,  see  FOOD. 
As  to  health  insurance,  see  INSURANCE. 
Of  insured,   representations  as  to,  see   IN- 
SURANCE. 

Conditions  as  to  health  of  one  applying  for 

reinstatement  in  benefit  society.   1917B,. 

897;  1917C,  256. 
Statement   in   insurance   application   as   to- 

health   of   insured's  relations.      1917C, 

858. 
Requiring  health  certificate  as  condition  of 

admission    to    public    school.       1915A. 

632. 

Boards  of  health;  officers. 

Increase  of  salary  of  health  officer  during 
term  of  office.  1915A,  295. 

Filing  of  resignation  by  employee  in  health 
department  to  be  accepted  when  best 
interests  of  the  service  demand  it. 
1917F,  545. 

Presumption  that  health  officers  acted  in 
accordance  with  law  in  accepting  resig- 
nation of  employee.  1917F,  545. 

Delegation  of  power  bv  municipality  to 
board  of  health.  1916A,  1228. 

Municipal  liability  for  negligence  of  em- 
ployee in  health  department.  1916B,. 
917. 

Power  of  board  of  health  to  enact  health 
ordinance.  1!)16A,  1228. 

Regulations  to  protect  health. 

—  in  general. 

In  matters  affecting  schools,  see  SCHOOLS. 

Power  of  board  of  health  to  enact  health 

ordinance.     1916  A,  1228. 
Police  power  as  to.     1015B,  486,  1207. 
Who  may  question  validity  of  regulations. 

1916A,  1228. 


HEALTH— HIGH  WATER. 


205 


Partial     invalidity     of     health     ordinance. 

1916A,  1228. 
Taking  private  property  without  compensa- 

tion in  exercise  of  police  power  for  sup- 

pression of  disease.     1915B,   486. 
Ordinance    requiring    rat    proofing    of    all 

buildings  in  city.     1916A,  1228. 


—  vaccination. 

Vaccination    of    school    children. 
223. 

• «  » 


1915D, 


HEARING. 

Necessity    of,    to    constitute    due    process. 

1915B,    ]149;     1915F,    541,    548,    894; 

1916B,    1193;    1916E,    1;    1916F,    910; 

1917A,  ]185;   1917C,  574;   1917D,  365, 

926;  1917F,  458,  1159. 
Necessity    of,    before    dismissal    of    school 

teacher.     1916C,  789. 


HEARSAY. 

Evidence  of,  see  EVIDENCE. 


HEART  FAILURE. 

As   an   accident   within   moaning  of   Work- 
men's Compensation  Act.     1917D,  84. 


HEAT. 

Ejection   of  tenant   by   failure  to   furnish. 

1916E,  739. 
Landlord's  liability  for  injury  to  servant  of 

tenant   by   failure  to   furnish.      1915C, 

190;    1916F,  1073. 


HEATING   PLANT. 

Breach  of  warranty  on  sale  of.    1015B,  626. 


HEAT  PROSTRATION. 

Assumption  by  servant  of  risk  of.   1915E, 
613. 


HEIRS. 

As  to  descent  and  distribution  to,  see  DE- 
PCEXT  AND  DlSTRIKTTION  ;  EXECUTORS 
AND  ADMINISTRATORS. 

Expectancies  of.  SOP  EXPECTANCIES. 

Disinheritance  of,  see  WILLS. 


Annotation. 

Attack  ?>»/,  on  divorce  decree. 
499. 


1917B, 


Presumption  that  person  dying  intestate 
has  left  heirs.  1915E,  758. 

Estoppel  of.     1916B,  1139;   1917D,  228. 

Recitals  in  deed  as  estoppel  in  favor  of  co- 
heirs of  grantors.  1915A,  200. 

Rights  of,  in  life  insurance.    1917B,  670. 

Vested  right  of  heir  in  property  of  deceased 
person.  1917E,  909. 

Validity  against  heirs  of  husband  of  gift  of 
real  estate  to  wife.  1915E,  648. 

Right  of  heirs  of  deceased  entryman  on 
public  lands.  1915B,  6.81. 

Liability  of,  for  debts  of  ancestor.  1915B, 
797;  1916A,  1181. 

Priority  of  lien  for  indebtedness  of  heir 
to  estate  over  liens  of  judgments 
against  him.  1915A,  1179. 

Notice  to  heir  of  landlord  of  tenant's  in- 
tent to  exercise  option  to  purchase. 
1916F,  352. 

Competency  of  heirs  of  deceased  person  to 
give  in  evidence  declarations  of  the  de- 
ceased in  action  in  which  they  are  not 
interested.  1915C,  822. 


HERBALIST. 

Annotation. 

Application   to,    of  statutes   regulating 

the  practice  of  medicine.     1917C, 

829. 

•»*  » 


HERDING. 

Statute    as    to    herding    of    young  cp.lves. 
1915B,  213;   1917A,  1185. 


HERNIA. 

As  breach  of  warranty  in  insurance  con- 
tract as  to  health.  1917B,  744. 

Rupture  through  fall  as  within  protection 
of  accident  insurance  policy.  1916B, 
617:  1916E,  1203. 

Assumption  by  servant  of  risk  of  rupture 
by  overexertion.  191 6D,  445. 

Recovery  for,  under  Workmen's  Compensa- 
tion Act.  1916A,  295,  299;  1917E,  504. 


See  SCHOOLS. 


HIGH  WATER. 

Condition   in   insurance   policy   against  lia- 
bility for  loss  caused  by.'   1915B,  1094. 


206 


HIGHWAYS. 


HIGHWAYS. 

In  general. 

Establishment. 

Title  and  property  rights  generally. 

Uses;  what  allowed  in,  street  gener- 
ally. 

Obstrnction  generally. 

Use  and  occupation  by  railroads. 

Rights  as  to  trees  and  materials  in 
streets. 

Improvements;  repairs;  fixing  and 
changing  grade. 

—  in    general. 

—  fixing  and  changing  grade. 
Defects;  liability  for  injuries  to  trav- 
elers. 

—  liability   of  municipality. 

—  liability  of  others. 

—  contributory   negligence. 
Discontinuance;  alteration;  abandon- 
ment. 


In  .general. 

As  to  alleys,  see  ALLEYS. 
Additional  servitude  on,  see  EMINENT  DO- 
MAIN. 

Street  lighting,  see  STREET  LIGHTING. 
Street  sprinkling,  see  STREET  SPRINKLING. 

Annotation. 

Construction  or  improvement  of  higJi- 
way  as  an  •  internal  improvement 
'within  tlie  meaning  of  constitu- 
tional prohibition  against  state  en- 
gaging in  or  aiding  internal  im- 
provements. 19 11C,  1O38. 

Lien  for  coal  sold  to  highway  contractor. 
1915E,  986. 

Judicial  notice  as  to  effect  of  street  sweep- 
ings on  health.  1915C,  741. 

Injury  to  employee  of  municipality  while 
cleaning  streets.  1915C,  741. 

Construction  of,  as  an  "internal  improve- 
ment." 1917C,  1034. 

Review  on  appeal  of  finding  as  to.  1915E, 
751. 

Special  legislation  as  to.     1917E,  456. 

Levy  of  tax  on  taxpayers  of  state  highway 
taxing  district  formed  out  of  county  as 
within  constitutional  limitations  on 
county  indebtedness.  1917E,  456. 

Right  of  legislature  to  divert  proceeds  of 
bonds  issued  by  county  for  construc- 
tion of  highway.  1915D,  274. 

Effect  of  absence  of  formal  transfer  of 
street  by  improvement  district  to  city 
on  power  of  city  to  compromise  suit 
brought  to  compel  repair  of  the  street. 
1917F,  535. 

Estoppel  to  claim  highway.    1915B,  1084. 

Across  railroad  property.  1915B,  822; 
1915E,  751;  1917A,  543;  1917F,  485. 

Establishment. 

Establishment  by  dedication,  see  DEDICA- 
TION. 


Annotation. 

Necessity  and  sufficiency  of  acceptance 
of  grant  of  right  of  way  over  public 
land  for  public  highway.  1917 A, 
355. 

Acceptance.    1917A,  350. 

Title  and  property  rights  generally. 

Right  of  abutting  owners  to  compensation 
for  consequential  injuries,  see  EM- 
INENT DOMAIN. 

Annotation. 

Obstruction  in  street  interfering   iritli 
.  easement   of  view.    1917C,    1135. 

Control  of  legislature  over  public  highways. 
1917E,  456. 

Right  to  authorize  projection  of  portion  of 
building  into  street  to  injury  of  abut- 
ting owner.  3916C,  1260. 

Obstruction  of  view  of  abutting  owner. 
1916C,  1260. 

Private  remedies  of  abutter.     1916C,  1260. 

Uses;  what  allowed  in,  street  gener- 
ally. 

Constitutionality  of  regulations  as  to,  see 
CONSTITUTIONAL  LAW. 

Municipal  regulations  as  to,  see  MUNICIPAL 
CORPORATIONS. 

Use  of  automobiles  on,  generally,  see  AUTO- 
MOBILES. 

Additional  servitude  on,  see  EMINENT  DO- 
MAIN. 

Use  of  jitneys  on,  see  JITNEY  BUSSES. 

Annotations. 

Right  to  interfere  with  wires  of  public 
service  corporation  in  moving 
building  along  street.  1917C, 
774. 

Duty  to  change  location  of  poles  in 
street  or  highway.  1917D,  663. 

Right  to  transfer  or  mortgage  privilege 
to  use  streets  for  telegraph,  tele- 
phone, or  other  quasi  public  pur- 
pose. 1917D,  7O7. 

Gasolene  stations.     1917F,  1O05. 

Estoppel  to  object  to  use.     3916B,  927. 

Delegation  of  power  as  to.     1915E,  264. 

Equal  protection  and  privileges  as  to. 
1915F,  937. 

Regulating  use  of  highway  by  common  car- 
rier vehicles.  1915F,  840. 

Excluding  automobiles  from  certain  streets. 
1915E,  264. 

Right  to  park  automobile  in  highway. 
1917F,  345. 

License  of  vehicles  on.     1917B,  553. 

Moving  building  along.  191GC,  1249; 
1917C,  772. 

Vault  or  tunnel  under.     1915F,  937,   1009. 

Areaways.     1916B,  027. 

Who  must  bear  expense  of  resetting  tele- 
phone poles  which  obstruct  street. 
1917D,  660. 


HIGHWAYS. 


207 


Mandamus  to  compel  removal  of  telephone 
wires  and  poles  from  highway.  1917D, 
660. 

Requiring  re  oval  of  awning  posts  from 
sidewalks.  1916C,  561. 

Right  to  revoke  license  for  erection  of  gaso- 
lene pump  in  street.  1917F,  1004. 

Obstruction  generally. 

Annotations. 

Obstruction  in  street  or  parK  interfer- 
ing with  view.  1917C,  1135. 

Obstruction  in  highway  preventing  ac- 
cess to  property  except  by  a  cir- 
cuitous route  as  a  special  injury 
entitling  owner  to  maintain  action 
•for  damages  or  for  abatement  of 
the  nuisance.  19 17 A,  1155. 

Effect  of  illegal  encroachments  on  highway 
to  render  title  to  property  unmarket- 
able. 1916A,  1176. 

Removal  of  encroachments  and  obstructions 
constructed  under  permission  of  munici- 
pality. 1916A,  1176. 

What  constitutes  obstruction  of  street  with- 
in statute  making  obstruction  a  nui- 
sance. 1917E.  383. 

Private  remedy  for  obstruction.  '1915D, 
142;  1916C,  1260;  1917A,  1150. 

Obstruction  of  street  railway  tracks  by  cot- 
tage washed  thereon  by  flood;  duty  in 
removing.  1917C,  1038. 

Use  and  occupation  by  railroads. 

Annotation. 

Duty  of  railroad  company  in  respect  to 

a  restored  or  substituted  highway. 

1917C,  971. 

Use  of  street  for  street  railway  traffic  as  a 

public  use.     1917F,  485. 
Estoppel  to  oust  railroad   from   occupancy 

of  street.     1917C,  967. 
Power  of  municipality  to  require  change  of 

grade  of  railway.     1917C,  1174. 
Abolition  of  grade  crossing.    1917C,  1174. 
Requiring   railway   company  to  -strengthen 

bridge  over  its  tracks  at  a  street  cross- 
ing so  as  to  permit  its  use  for  a  street 

railway  line.     1917F,  485. 
Duty     to     restore     to     former     usefulness. 

'1917C,  967. 
Duty   to   lay   sidewalks   in  street.     1917A, 

'472. 
Obstruction    of   crossing   by   train.      1915B, 

329;    1915E,  336:    1916B,  1079. 
Subway.     1915F,  1009. 
Right   as   against  abutting  owner.     1915D, 

397;   1915F,  1009. 
Private  remedy  for  obstruction.    1915E,  336. 

Rights  as  to  trees  and  materials  in 
streets. 

Annotation. 

Right  of  abutting  owner  to  remove 
trees  in  highway.  1O17F,  389. 


Right  of  abutting  owner  to  remove  trees. 
1917F,  385. 

Improvements;  repairs;  fixing  and 
changing  grade. 

—  in   general. 

Building  and  repair  of  pavement  and  side- 
walks, street  sprinkling  and  sweeping, 
and  other  public  improvements  general- 
ly, see  PUBLIC  IMPBOVEMENTS. 

Annotation. 

Improvement  of  highway  as  an  inter- 
nal improvement  in  which  state 
may  not  engage.  1917C,  1O38. 

Special  legislation  as  to.     1917E,  456. 

Improvements  by  abutting  owner.  1917A, 
472. 

Title  of  abutting  owner  to  material  placed 
by  him  in  sidewalk  which  is  not  accept- 
ed by  municipality.  1915B,  187. 

Duty  of  municipality  to  set  apart  portion 
of  street  for  sidewalk.  191 6B.  1049. 

Duty  of  railroad  company  to  keep  in  repair 
highways  substituted  for  old  one. 
1917C,  967. 

—  fixing  and  changing  grade. 

Annotation. 

Measure  of  damages  to  leasehold  from 
change  of  grade.  1917C,  42S. 

Implied  consent  of  dedicator  of  land  for 
street  to  establishment  of  grade.  1915A, 
382. 

Right  to  compensation  for  damage  by. 
1915A,  382;  1917C,  420,  1131. 

Measure  of  damages  for  injury  resulting 
from.  1917C,  420. 

Evidence  on  question  of  damages  for  injury 
by  change  of  grade.  1917C,  420. 

Liability  of  municipality  for  interference 
with  access  to  abutting  property  by 
change  of  street  grade.  1916C,  433. 

Power  of  municipality  to  require  railroad 
company  to  change  its  grade.  '  1917C, 
1174. 

Liability  of  railroad  for  injury  to  abutting 
owner  by  change  of  grade.  1916C,  433; 
1916D,  1074. 

Indictment  of  railroad  company  for  main- 
tenance of  nuisance  resulting  from 
change  by  municipality  of  grade  of 
street  passing  under  trestle.  1915B, 
766. 

Injuries  to  leasehold  by  change  of  grade  of 
highway.  1917C,  420. 

Defects;  liability  for  injuries  to  trav- 
elers. 

—  liability  of  municipality. 

Liability  for  injury  on  defective  bridge,  see 
BRIDGES. 

Injury  due  to  negligent  driving,  see  NEGLI- 
GENCE. 


208 


HIGHWAYS. 


Annotations. 

Duty  toward  "blind  persons  or  persons 
with  defective  eyesight  as  to  con- 
dition of  streets.  1917C,  126. 

Sufficiency  of  harrier  or  railing  main- 
tained in  highway.  1917D,  756. 

Liability  for  injury  due  to  oiling  street. 
1917F,  712. 

Question  for  jury  as  to  negligence.  1916F, 
1216;  1917C,  120. 

Instructions  in  action  for  injuries.  1915A, 
325. 

Establishment  and  maintenance  of  high- 
way as  a  governmental  function. 
1915D,  1111. 

Duty  of  municipality  to  keep  streets  in  rea- 
sonable safe  condition.  1915D,  243. 

Defect  as  part  of  original  plan.    1916F,  704. 

Effect  on  liability  of  city  for  injury  by  ver- 
dict in  favor  of  an  individual  defend- 
ant. 1915F,  797. 

Right  of  municipality  to  recover  over 
against  person  primarily  liable  for  in- 
jury. 1916F,  83. 

Liability  as  to  walks  in  parks.  1915D, 
1111. 

Injury  to  bystander  by  skidding  of  automo- 
bile due  to  slippery  condition  of  pave- 
ment because  of  oil  placed  thereon. 
1917F,  710. 

Death  of  boy  by  fall  of  rotten  pole,  used 
exclusively  by  fire  department.  1917B, 
548. 

Injury  by  rope  stretched  across  street. 
1915A,  1199. 

Injury  by  wire  in  street.     1915F,  797. 

Excavations;  injury  to  blind  person  falling 
into.  1917C,  120. 

Lack  of  railing  or  barrier.  1915E,  597, 
1069;  1916F,  1216. 

Sufficiency  of  railing  alongside  of  bridge. 
1917D,  754. 

Injury  by  breaking  of  railing  along  em- 
bankment. 1915F,  973;  1916C,  379. 

Absence  of  light.    1915A,  325. 

Injury  by  fall  due  to  a  missing  brick. 
1916A,  482. 

Injury  to  one  driving  unregistered  auto- 
mobile. 1916E,  1212. 

Concurring  causes  of  injury.     1915D,  243. 

For  acts  or  omissions  of  others.  1917A, 
992;  1917D,  234;  1917F,  297. 

—  liability  of  others. 

Liability  for  injury  due  to  negligent  driv- 
ing, see  NEGLIGENCE. 

Injury  by  trains  at  crossings,  see  RAIL- 
ROADS. 

Annotations. 

Liability  of  property  oivner  for  inju- 
ries to  persons  or  property  in 
high  it-ay  due  to  condition  of  fence. 
1917E,  S12. 

Liability  for  injury  due  to  oiling  street. 
1917F,  712. 

Proximate  cause  of  injury.     1917A,  543. 
Sufficiency  of  evidence  to  take  case  to  jury. 
1917B,  1245. 


Presumption  as  to  cause  of  ice  on  walk. 

1917B,  1245. 
Evidence  on  question  of  negligence.    1917B, 

1245. 

Instructions  as  to.    1917A,  543. 
Liability   of   public   officials.      1916B,   1184. 
Liability     of     abutting     owner     generally 

1917E,  809. 
Liability  of  property  owner  for  injury  to 

child    by    scalding    water    turned    into 

open  ditch.      191 6B,   945. 
Liability  of  landlord  to  tenant  for  injury  by 

ice  on  sidewalk.    1915B,  324. 
Negligence  as  to  wall  adjoining  public  high- 
way.    1915C,  710. 
Permitting  barbed  wire  which  has  become 

detached    from    fence    post    to    lie    in 

street.     1917E,  809. 
Liability   for    injury   by   electric    wires    in 

highway.     1915D,  560;   1917E,  258. 
Liability   of   contractor   with   municipality, 

where     municipality     is     not     liable. 

1916A,  1005. 
Liability  of  independent  contractor  leaving 

explosives     under     surface     of     street. 

1917D,  234. 
Liability     of     contractor     erecting    banner 

across  street  for  injury  by   fall  after 

work  has  been  accepted.     1917C,  907. 
Liability  of  railroad  company.    1917A,  543 ; 

1917B,  1245. 
Frightening  animals.     1915D,  617;   1917D, 

197. 
Liability  for  injury  by  animal  on.     1915D, 

563. 
Negligence  in   leaving  bottle  of  denatured 

alcohol  in  highway  where  children  will 

find  it.     1915E,  191. 
Injury    to   property   by  blasting  in   street. 

1915D,  1080. 

—  contributory  negligence. 

Of  person  injured  otherwise  than  by  de- 
fects, see  NEGLIGENCE. 

At  railway  crossing,  see  RAILROADS. 

Of  person  injured  by  street  car,  see  STREET 
RAILWAYS. 

Annotation. 

Contributory    negligence    of    children. 
1917F,  95. 

Question  for  jury  as  to.     1917C,  120. 

Right  of  automobile  driver  to  act  upon  pre- 
sumption that  way  is  safe.  1917F,  253. 

Occupation  of  street  by  show  as  invitation 
to  public  to  patronize  the  attraction. 
1915F,  568. 

Violations  of  ordinance  as.     1917C,  998. 

In  crossing  street  by  passing  diagonally 
over  grass  plot  between  sidewalk  and 
curb.  1915F,  797. 

Blind  person  unattended.     1917C,  120. 

Fast  driving.     1916A,  1111. 

Discontinuance;  alteration;  abandon- 
ment. 

Annotation. 

Vacation  of,  or  refusal  by  public  to  ac- 
cept, platted  street  or  highway  as 
affecting  private  easements  of 
abutting  owners.  1917 A,  1123. 


HIGHWAYS— HOMESTEAD. 


209 


Effects  of  rights  in  streets  shown  on  plat 
of  persons  who  buy  lots  in  reliance  on 
plat,  of  statute  vacating  roads  which 
remain  unopened  for  specified  periods. 
1917A,  1120. 

Effect  of  deed  to  transfer  to  grantee  right 
to  property  dedicated  for  street  upon 
vacation  of  the  street;  effect  of  at- 
tempted reservation,  in  dedication,  of 
fee  to  grantor.  1917C,  225. 

Rights  of  abutting  owners  on  discontinu- 
ance of  section  of  highway  not  adjoin- 
ing property.  1916E,  468. 

Eight  of  abutting  owners  to  compel  removal 
without  compensation  from  a  vacated 
street  of  telephone  poles.  1915E,  138. 


HISTORICAL  CHARACTER. 

Malicious  defamation  of.    1917C,  610. 


HOG  CHOLERA. 

"Validity  of  statute  regulating  sale  of  anti- 
hog-cholera  serum.     1916F,  136. 


HOGS. 

"Xuisance     consisting    of    hog    ranch    and 

garbage    assembled    to    feed    the    hogs. 

1917E,  1007. 
Constitutionality  of  statute  regulating  sale 

or     gift     of     anti-hog-cholera     serum. 

1916F,  136. 


HOLDING  OVER. 

By  tenant,  see  LANDLORD  AND  TENANT. 


HOLIDAYS. 

As  to  Sunday,  see  SUNDAY. 


HOLOGRAPHIC   WILLS. 

See  WILLS. 


HOME  OFFICE. 

Effect  of  designation  of  home  office  on  situs 
of  corporation  for  purpose  of  taxation. 
1917A,  460. 


HOME  RULE. 

As  to  local  self-government,  see  CONSTITU- 
TIONAL  LAW. 

L.R.A.  Tri.  index  1915-17.— 14. 


HOMESTEAD. 

In  'general. 

The  exemption  generally. 

—  in   general;   who   may   claim. 

—  in  what  property. 
Loss;  abandonment. 
Alienation;   encumbrance. 


In  general. 

In  public  lands,  see  PUBLIC  LANDS. 
Insurable  interest  of  wife  in.     1917F,  663. 
Laches  in  bringing  suit  to  recover  homestead 
sold  for  taxes.     1916A,  999. 

The  exemption  generally. 

—  in  general ;  who  may  claim. 

Annotation. 

What  constitutes  a  "family"  under 
homestead  laws.  1917C,  361. 

Enforcement  of  public  improvement  assess- 
ment against.  1915E,  662. 

Lien  on  homestead  for  money  loaned  to  re- 
tire purchase  money  notes.  1915E,  875. 

Effect  on  widow's  right  to  homestead  in  es- 
tate of  her  husband  of  fact  that  she 
has  a  homestead  in  lands  of  former  hus- 
band. 1916A,  997, 

Exemption  of  proceeds  of  insurance  that 
acquires  homestead  character  after  fire. 
1917C,  353. 

Right  of  creditors  of  insolvent  to  follow 
proceeds  of  insurance  on  which  they 
have  a  lien,  into  homestead  property 
purchased  by  them.  1917B,  130. 

Existence  of   family.     1917C,   353,   356. 

—  in  what  property. 

In  property  purchased  by  agent  with  funds 
misappropriated  from  his  employer. 
1916C,  578. 

Loss;   abandonment. 

Extinguishment  of  homestead  by  death  of 
members  of  family.  1917C,  356. 

Effect  of  remarriage  of  widow  on  home- 
stead rights.  1916A,  999. 

Occupancy  by  tenant  as  sufficient  to  contin- 
uance of  homestead.  1916A,  997. 

Alienation;  encumbrance. 

Annotation. 

Purchase  of  homestead  by  widow  under 
foreclosure  of  lien.  1917F,  433. 

Estoppel  to  assert  invalidity  of.  1916C, 
233. 

Who  may  attack  validity  of  conveyances  of. 
1915D,  551. 

Right  of  widow  purchasing  mortgage  on 
homestead  as  against  her  infarit  chil- 
dren. 191 7F,  430. 

Attempted  •*  mveyance  of  homestead  with- 
out consent  of  wife  by  man  whose  wife 
has  abandoned  him.  1915D,  551. 


210 


HOMICIDE— HORSEPLAY. 


HOMICIDE. 

In  general. 

What  reduces  crime  to  manslaughter. 

Excusable    or   justiciable    homicide. 

—  in   general. 

—  self-defense. 


In  general. 

Admissibility    of    dying    declarations,    see 

EVIDENCE. 
As  to  jury  generally,  see  JUBY. 

Annotations. 

Murtler  of  insured  by  beneficiary  as  af- 
fectii.g  right  to  proceeds  of  policy. 
1917B,  671. 

Criminal  homicide  in  operation  of  rail- 
road or  street  railway.  1917C, 
536. 

Invalidity  of  provision  in  will  as  inciting 

to.     1917A,  40. 
Of   insured,   effect    on    right    to    recover. 

1917B,  670,  1210. 
Competency  as  witness  of  person  convicted 

of.     1917F,  896. 
As   affecting   right   to   inheritance.      1915C, 

328. 
Effect  of  murder  of  husband  by  wife  on  her 

dower  rights.     1916E,  593. 
Imposing  trust  ex  maleficio  on  title  to  prop- 
erty  descending  to   murderer.     1915C, 

328 
Indictment  for.      1915D,   201;    1915E,   608, 

1215;    1916D,   590;    1917 A,   1226. 
What  constitutes  due  process  in  homicide 

case.     191 5D,  817. 

Right  to  speedy  trial.     191 5E,  363. 
Disqualification  of  jury  on  trial  for.   1916E, 

1264. 

Reversal  of   conviction  because   of  miscon- 
duct of  jurors.     1917F,  210. 
Permitting  juror  to  testify  in  support  of 

his  own  competency.     1916E,  1264. 
New   trial   in  homicide   case.     1916D,   519; 

1916F,  1044. 
Waiver   of  objection   by   failing  to   include 

it  in  motion  for  new  trial.     1915D,  817. 
Instructions    in    prosecution    for.      19 15  A, 

533,  1088;    1915B,   1143;    1915C,  1163; 

1916B,  924;  1916D,  519,  590. 
Error  in  refusal  to  instruct.     1915E,  1031. 
Error  in  exclusion  of  evidence.    1915C,  1163. 
Objecting  for  first  time  on  appeal  to  admis- 
sion of  testimony.     1915C,  1163. 
Opinion  evidence  in  prosecution  for.    1915A, 

1078,  1088;   1915B,  1143. 
Evidence   as   to  relations   between   accused 

and  deceased  in  murder  case.     1917F, 

646. 
Evidence    as    to    acts    and    declarations    of 

third  persons.     1915E,  202;  1916C,  566. 
Evidence  of  threats.     1916B,  950. 
Evidence  of  reputation  of  deceased.     1917A, 

1226. 

Evidence  of  confession.     1915C,  1163. 
Evidence  of  admissions.     1915A,   1041. 


Evidence  as  to  motive.  1915A,  1088;  191 5E, 
1215. 

Evidence  of  other  crimes.     1915A,  1088. 

Admissibility  in  evidence  of  skull  of  de- 
ceased. 19 17  A,  1226. 

Admissibility  in  evidence  of  articles  taken 
from  accomplice  of  accused.  1916D, 
590. 

Relevancy  of  evidence  generally.  1915A, 
1078,  1088;  1916C,  581. 

Cross-examination  of  witnesses.  1916F, 
1198. 

Contradiction  of  witness  to  identification  of 
accused.  1915F,  601. 

Attacking  credibility  of  one  acting  as  in- 
terpreter in  taking  dying  declarations 
of  foreigner  alleged  to  have  been  mur- 
dered. 191 6F,  1198. 

Liability  for  homicide  where  death  results 
from  septicemia  following  shooting. 
1915F,  607. 

Negligent  homicide.  1915D,  201;  1917C, 
533. 

Effect  of  intoxication.     1915E,  1031. 

Effect  of  insanity  or  insane  delusions. 
1915E,  1031;  1916D,  519,  590. 

What  reduces  crime  to  manslaughter. 

Error  in  refusal  of  instruction  as  to  man- 
slaughter. 1915E,  1031. 

Question  for  jury  as  to  mitigating  circum- 
stances. 1916C,  581. 

Admissibility  of  evidence  as  to.    1916C,  581. 

Sudden  passion.     1915A,  533. 

Provocation.     1915A,  533;  1916C,  581. 

Excusable  or  justifiable  homicide. 

I  —  in  general. 

j  Instructions  as  to.   1915B,  1143 ;  1916B,  924. 
Defense  of  dwelling.     1915A,  73. 
Defense  of  third  person.     1916B,  924. 

—  self-defense. 

Effect  of  assault  on  right  subsequently  to 
killing  in  self-defense.  1915F,  656; 
1916B,  924. 

Effect  on  right  of  girl  fleeing  from  assail- 
ant to  kill  in  self-defense  of  fact  that 
during  a  previous  altercation  between 
her  victim  and  her  mother  she  had  fired 
a  shot  towards  him.  1916B,  924. 

Effect  of  entry  into  fight  on  right  to  set  up 
self-defense  in  prosecution  for  homi- 
cide. 1915B,  524. 


HORSE  JOCKEY. 

Injunction   against   breach   of   contract  by. 
1916E,  682. 


HORSEPLAY. 

Recovery  under  Workmen's  Compensation 
Act  for  injury  resulting  from.  1916C, 
1203;  1916D/968. 


HORSE  RACE— HOUSE  OF  ILL  FAME. 


211 


HORSE  RACE. 

Annotation. 

As  proper  subjects  for  police  regula- 
tions. 1917E,  31S. 

Promise  by  stranger  to  pay  one  under  con- 
tract with  its  owner  to  ride  a  certain 
horse  in  a  race  a  specified  amount  if 
he  wins  the  race.  191 7D,  1100. 


HORSES. 

In  general,  see  ANIMALS. 

Fright  of,  see  FBIGHT. 

As  to  horse  race,  see  HOBSE  RACE. 

Annotations. 

Duty  of  seller  to  disclose  defect  in 
animal.  1917C,  619. 

Liability  for  death  or  injury  to  one  at- 
tempting to  stop  a  runaway  horse. 
1917C,  1083. 

Voluntarily  incurring  risk  in  attempting 
to  stop  runaway  .horse.  1917C,  1080. 

Change  of  location  of  insured  horses.  1915B, 
361. 

Payment  of  board  furnished  to,  as  condition 
precedent  to  action  to  recover  posses- 
sion. 1916B,  748. 

Priority  between  chattel  mortgage  on  horses 
and  lien  for  their  board.  1916B,  748. 

Larceny  of.     1916E,  768. 

Breach  of  warranty  on  sale  of  stallion. 
1915B,  1216. 

Liability  of  seller  for  damage  to,  by  im- 
proper medicine.  1916B,  1104. 

Liability  of  one  hiring  a  team  with  driver, 
for  injury  to  animals  by  negligence  of 
driver.  1916F,  1036. 

Violation  of  Sunday  law  as  defense  to  lia- 
bility for  injury  to  hired  horse.  1915F, 
644. 

Liability  of  master  for  injuries  to  servant 
by  vicious  horse.  1915B,  433. 


HORTICULTURE. 

Validity  of  exclusion  of  horticultural  organ- 
izations from  operation  of  Federal  in- 
come tax.  1917D,  414. 


HOSPITAL. 

Exemption  of,  from  taxation.     1917B,  779; 
1917F,  741. 

Liability  for  negligence.     1915D,  334,  1167; 
1917B,  708. 

Receiving  of  pav  patients  by  public  chari- 
.    table  hospital.     1917F,  741. 

Running  of  limitations  against  state  hospi- 
tal.    1916E,  94. 

Liability  for  retaining  patient   against  her  i 
will.     1915D,  611. 


Liability  of  relatives  for  hospital  care  given 
to  pauper.     1915C,  844. 


HOTELS. 

In  general,  see  INNKEEPERS. 

Annotation. 

Hiring  room  in,  as  affecting  domicil  or 
residence.-  1917D,  788. 

Lease  of,  part  performance  to  t^ke  contract 
out  of  Statute  of  Frauds.  1917B,  141. 

Abatement  of  rent  on  destruction  of  build- 
ing by  fire.  1916F,  276. 

Power  of  municipality  to  assign  stands  to 
hotel  omnibuses  at  railroad  stations. 
1915F,  726. 

Forbidding  location  near,  of  garage  storing 
inflammable  substances.  1915D,  603. 

Limiting  hours  of  labor  of  women  in. 
1915F,  829. 

4*  » 


HOURS  OF  LABOa. 

See  MASTEB  AND  SERVANT. 


HOUSE. 

Moving    of,    in    highway.      1916C,    1249; 
1917C,  772;   1917E,  258. 


HOUSEHOLD  GOODS. 

Annotations. 

Measure  of  damages  for  loss  or  con- 
version of  or  injury  to.  1917D, 
495. 

As  necessaries  within  statute  rendering 
wife  or  her  property  liable  therefor. 
1917F,  863. 

Opinion  evidence  as  to  value  of.     1917A,  58. 

Measure  of  damages  for  loss  of.  1917A, 
58;  1917D,  493. 

What  constitutes  household  furniture  with- 
in meaning  of  valued  policy  law. 
1917B,  253. 


HOUSEHOLD  SERVICES. 

Opinion    evidence   as    to   value   of. 
809. 


1917D, 


HOUSE  OF  ILL  FAME. 

See  DISORDERLY  HOUSES. 


212 


HOUSE  OF  REPRESENTATIVES— HUSBAND  AND  WIFE. 


HOUSE  OF  REPRESENTATIVES. 

See  LEQISLATUBE. 


HUMILIATION. 

Humiliation   or   metal  anguish   as  element 
of  damages,  see  DAMAGES. 


HUNTING. 

Injury  through  discharge  of  gun  in  hands  of 
hunting  companion.     I915E,  267. 


HUSBAND  AND  WIFE. 

In  general. 
Husband's  liabilities. 
Inabilities  of  wife. 

—  in  general. 

—  power  to   contract. 
Joint  liabilities. 

Property      rights;      transactions      be- 
tween. 

—  in   general. 

—  estate  by  entireties. 
—  community  property. 

—  wife's   separate   estate   or   busi- 

ness. 

—  contracts  with  or  conveyance  to 

each  other. 

—  conveyances     or     mortgages     to 

third  persons. 

—  antenuptial  contract. 
Actions. 

—  by  husband. 

—  by  wife. 

—  by  both  husband  and  wife. 

—  actions    between    husband     and 

wife. 
Abandonment  of  wife. 


In   general. 

As  to  adultery,  see  ADULTERY. 

As  to  bigamy,  see  BIGAMY. 

Conflict   of   laws   as   to,   see   CONFLICT  OF 

LAWS. 
Measure  of  damages  for  injuries  to  married 

women,  see  DAMAGES. 
As  to  divorce   or   separation,   see   DIVOBCE 

AND  SEPARATION. 

Domicil  of  married  women,  see  DOMICIL. 
As  to  marriage,  see  MARRIAGE. 
Competency  of,  as  witness,  see  WITNESSES. 

Imputing  negligence  of  wife  to  husband. 
1917A,  1128. 

Imputing  to  wife,  negligence  of  husband  in 
driving  automobile.  1910 A,  1111. 

Husband  as  proper  party  defendant  in  ac- 
tion against  wife  for  assault.  191 5A, 
491. 


When    husband    and    wife    are    living    to- 
gether   within    meaning   of   Workmen's 
Compensation  Act.     1916A,  366;  ]91GC,    * 
1142,  1145. 

When  wife  is  living  apart  from  husband  for 
justifiable  cause  within  meaning  of 
Workmen's  Compensation  Act.  1916C, 
1145. 

Wife  of  one  of  two  persons  indicted  for 
burglary  as  competent  witness  in  behalf 
of  the  other.  1915D,  972. 

Admissibility  of  statements  between.  1915D, 
902;  191 6B,  1272;  1916F  382;  1917F, 
935. 

Effect  of  failure  of  man  accused  of  murder 
to  contradict  wife's  statement  that  he 
made  her  do  the  killing,  as  an  admis- 
sion. 1915 A,  1041. 

Recovery  for  injury  to  wife  through  fright 
caused  by  threats  against  husband. 
1916D,  614. 

Slander  by  wife  in  conversation  with  hus- 
band in  presence  of  third  person. 
1915E,  131. 

Effect  of  fact  that  woman  s  marriage  took 
place  after  her  husband  had  received  a 
mortal  injury  through  another's  negli- 
gence to  prevent  her  recovering  for  'iN 
death  as  executrix  of  his  estate.  191 5E, 
1199. 

Contributory  negligence  of  father  as  de- 
fense to  action  by  mother  for  death  of 
minor  child.  1915E  781. 

Husband's  liabilities. 

Annotations. 

Liability  for  necessaries  furnished  re- 
puted wife.  1917B,  129O. 

Liability  of  husband  for  necessaries 
furnished  tvife  ivhilc  living  apart 
from  him.  19 17 A,  958. 

Liability  of  husband  for  negligence  in  use 

of  property,  title  to  which  is  held   by 

his  wife.     1916F,  1289. 
For  injury  to  tenant  of  wife  by  negligence 

as  to  elevator.     1915D,  847. 
For   services  of  wife's   attorney   in   divorce 

proceeding.    1915F,  1162;  1917C,  335. 
For     necessaries     furnished    reputed     wife. 

1917B,  1288. 
For  necessaries  furnished  wife  living  apart 

from  him.     1917A,  957. 
For  assault  by  wife.     1915A,  491. 

Liabilities  of  wife. 

—  in  general. 

Estoppel  of  married  woman,  see  ESTOPPEL. 

Annotations. 

What  constitute  family  expenses  or  nec- 
essaries within  statute,  rendering 
wife  or  her  property  liable  therefor. 
1917F,  SGI. 

Liability  of  married  u-oman  for  legal 
Hen-ices  in  divorce  suit.  1917F, 
362. 


HUSBAND  AND  WIFE. 


213 


Cancelation  of  deeds  and  notes  given  by  wife 
under  fear  of  prosecution  of  husband. 
1917D,  1170. 

Personal  liability  for  necessaries.  1915D, 
1184. 

Liability  of  married  woman  for  rent  of 
family  home  leased  to  her  husband. 
1917F,  860. 

Liability  of  married  woman  as  partner. 
1916D,  1230. 

Power  of  agent  to  charge  married  woman 
with  liability  for  debts  incurred  in  busi- 
ness in  which  she  was  interested. 
1916D,  1230. 

Liability  for  torts.     1915A,  500. 

—  power  to  contract. 

Conflict  of  laws  as  to,  see  CONFLICT  OF 
LAWS. 

Annotation. 
Liability  for  legal  services  in  divorce 
suit.     1917F,  362. 

As  to  employment  of  another.     1917B,  676. 

Contract  of  suretyship.     1915B,  1116. 

Xote  executed  to  enable  husband  to  bor- 
row money  as  accommodation  paper. 
1916A,  1049. 

Liability  for  goods  purchased  for  business 
in  which  she  is  interested.  1916D, 
1230. 

Joint  liabilities. 

Joint  liability  for  rent  of  family  home 
leased  to  husband.  1917F,  860. 

Property  rights;  transactions  be- 
tween. 

—  in  general. 

Husband's  estate  by  curtesy,  see  CUBTESY. 

Inheritance  rights  of  husband  or  wife,  see 
DESCENT  AND  DISTRIBUTION. 

Alimony,  see  DIVORCE  AND  SEPARATION. 

Effect  of  divorce  or  separation  on  proper1^ 
rights  generally,  see  DIVORCE  AND  SEP- 
ARATION. 

As  to  dower,  see  DOWER. 

Rights  'in  homestead,  see  HOMESTEAD. 

Annotations. 

Devise  or  bequest  to  one  described  as 
"husband,"  "wife"  or  "widow" 
as  affected  by  illegality  or  nonex- 
istence  of  marriage.  1917B,  1153. 

Right  of  married  woman  to  recover  for 
services  rendered  outside  the  home. 
1917E,  2S2. 

Effect  of  illegality  of  marriage  on  devise  to 

reputed  wife.     1917B,  1150. 
Wife's  rielits  in  insurance  on  husband's  life. 

1915A,   264;    1915B.   749;    1915D,   130; 

1916C,  1130;   1916D,  1168;   1916F,  783. 
Insurable  interest  in  man's  life  of  woman 

living  with   him    pursuant    to    illegal 

marriage.     1917D,  275. 

Joint  tenancy  of  husband  and  wife  in  pro- 
ceeds of  insurance  policy  on  lives  of 

both.     1917B,   1210. 
Election  by  husband  as  between  wife's  will 

and  his  statutory  rights.     1915F,  680. 


Payment  upon  checks  of  wife  alone,  of  mon- 
ey deposited  by  husband  to  joint  ac- 
count of  husband  and  wife.  1915D,  920. 

Inheritance  tax  on  interest  received  by  wife 
at  death  of  husband  in  his  share  of 
personal  property  held  by  joint  ten- 
ancy. 1917E,  1143. 

Requiring  incomes  of  husband  and  wife  to 
be  added  together  in  determining  tax- 
able income  of  husband.  1915B,  569. 

—  estate  by  entireties. 

Succession  tax  on  passing  of  entirety  estate. 
1916C,  677. 

Effect  of  divorce  to  destroy  estate  by  en- 
tirety, 1915C,  396;  1917E,  886. 

Effect  of  divorce  after  husband  has  con- 
veyed his  interest  on  wife's  right  of 
survivorship.  1917D,  732. 

Lien  of  judgment  upon.     1916D,  113. 

Lew  of  execution  under  judgment  on. 
1916D,  113. 

—  community   property. 

As  to  homestead,  see  HOMESTEAD. 

Annotation. 

Remedy  of  judgment  creditor  of  com- 
munity after  death  of  one  of  the 
spouses.  1917C,  502. 

Inheritance  tax  on  surviving  spouse's  in- 
terest in  community  property.  1917C, 
602. 

Requiring  the  half  interest  of  the  heirs  of 
a  wife  in  community  property  to  bear 
part  of  the  cost  of  administering  the 
estate  of  the  husband.  1917F,  1137. 

Proceeds  of  insurance  policy  payable  to  ex- 
ecutors, administrators,  or  assigns  of 
the  assured  as  communitv  property. 
1917F,  1137. 

Right  of  judgment  creditor  of  community 
to  proceed  against  surviving  husband 
by  sale  of  community  property  after 
death  of  wife.  1917CJ  494. 

—  wife's  separate  estate  or  business. 

Annotation. 

Validity  of  limitation  upon  power  of 
alienation  imposed  upon  grant  or 
devise  of  equitable  estate  to  married 
woman.  1017 A,  679. 

Effect  of  conveyance  to  create  separate  es- 
tate; effect  of  statute.  1917A,  671. 

Validity  of  provision  in  deed  conveying 
separate  estate  to  woman  in  fee  re- 
straining its  alienation.  1917A,  671. 

Rights  of  heirs  at  law  of  married  woman 
who  conveyed  her  separate  estate  in 
violation  of  restraint  or  alienation  in 
deed  to  her.  1917A,  671.. 

Effect  of  decree  annulling  clause  restricting 
alienation  in  conveyance  of  separate 
estate  to  wife,  procured  in  suit  against 
children  who  have  no  interest  in  the 
property.  1917A,  671. 


214 


HUSBAND  AND  WIFE. 


—  contracts     with    or    conveyance    to 
each  other. 

Antenuptial  contract,  see  infra. 
Conflict   of   laws   as   to,   see   CONFLICT   OF 
LAWS. 

Annotations. 

Validity  or  enforceability  of  bond  to 
one  spouse  conditioned  for  main- 
tenance of  family  relation  or  proper 
conduct  of  ottier  spouse.  1917D, 

4:4:5. 

Validity  of  contract  by  husband  to  pay 
wife  for  services.  1917D,  268. 

Husband's  contract  to  pay  wife  for  her  serv- 
ices. 1917D,  265. 

Bond  to  support  wife.    1917D,  440. 

Presumption  of  fraud  in  conveyance  to  wife. 
1915E,  648. 

Presumption  that  conveyance  by  husband  to 
wife  was  a  gift.  1915E,  648. 

Trust  in  conveyance  by  husband  to  wife. 
1915A,  711;  1915D,  648. 

—  conveyances  or  mortgages  to  third 

persons. 

Failure  to  name  wife  in  contract  by  hus- 
band to  convey  their  joint  property. 
1915D,  196. 

Right  of  vendee  to  specific  performance  with 
abatement  from  purchase  price  because 
wife  of  vendee  did  not  join  in  deed  as 
required  by  law.  1917F,  594. 

Estoppel  of  married  woman  by  deed.  1917D, 
228. 

Conveyance  of  wife's  separate  property  as 
security  for  husband's  debt.  1917F, 
337. 

Threat  of  prosecution  of  husband  inducing 
conveyance  by  wife.  1915D,  1122; 
1917D,  1170. 

Conveyance  of  wife's  property  to  husband 
as  trustee.  1915C,  767. 

Validity  of  deed  by  Creek  freedman  under 
eighteen  years  of  age  who  is  a  married 
woman.  1916D,  377. 

Rights  of  heirs  at  law  of  married  woman 
who  conveyed  her  separate  estate  in 
violation  of  restraint  on  alienation  in 
deed  to  her.  1917A,  671. 

Effect  of  decree  annulling  clause  restricting 
alienation  in  conveyance  of  separate  es- 
tate to  married  woman,  procured  in 
suit  against  children  who  have  no  in- 
terest in  the  controversy.  1917A,  671. 

Condition  to  disaffirmance  of  illegal  convey- 
ance of  separate  estate.  1917A,  671. 

—  antennptial  contract. 

Termination  by  marriage  of  antenuptial 
agreement  by  woman  to  live  after  mar- 
riage in  the  home  of  her  intended  hus- 
band's parents.  1915E,  161. 

Change  of  beneficiary  in  benefit  certificate 
as  breach  of  antenuptial  contract  to 
take  out  certificate  in  favor  of  wife. 
1916C,  1130. 


Actions. 

—  by  hnsband. 

Annotation. 

May  action  for  alfenation  of  affections 
rest  -upon  a  breach  of  contract  or 
negligent  tort.  1917B,  GSO. 

Necessity   of   joining   mother    in    action   by 

father     for     loss     of     child's     services. 

1915D,  1111. 
For  alienation  for  wife's  affection.     1915C, 

870;   1917B,  679;  1917F,  935.      . 
For  injuries  to  wife  or  loss  of  her  services. 

1915D,   524;    1916D,   186;    1916E,   112; 

1917B,  708;   1917C,  410. 
Recovery    for    mental    suffering   caused    by 

wife's  death.     1917B,  708. 
To  recover  wife's  property  or  for  timber  cut 

therefrom,  or  for  rent  thereof.     1915D, 

996. 
Right  of  husband   storing  with  bailee  box 

containing   goods   of   himself   and   wife 

to  recover  damages  in  his  own  name  for 

loss  of  entire  contents  of  box.     1917D, 

493. 

—  by  wif e. 

Against  husband,  see  infra. 
Conclusiveness    of    judgment    on    wife,    see 
JUDGMENT. 

Annotation. 

Right  of  married  woman  to  recover  for 
services  rendered  outside  the  home. 
1917E,  282. 

Wrongful  joinder  in  suit  by  woman  of  man 
on  theorv  that  he  was  her  husband. 
1916B,  883. 

Right  to  maintain  action  for  mutilation  of 
corpse  of  child.  1915B,  519. 

Right  to  recover  for  miscarriage  caused  by 
fright.  1917A,  394,  708. 

Right  to  recover  damages  for  loss  of  con- 
sortium and  support  through  unlawful 
sale  of  opium  to  husband.  1917D,  73^. 

Action  under  Civil  Damage  Act  for  sale  of 
liquor  to  husband.  1916D,  940. 

For  conspiracy  to  induce  husband  to  com- 
mit offense  which  causes  his  imprison- 
ment. 1915C,  483. 

Right  of  married  woman  to  maintain  action 
for  services  rendered  outside  her  house- 
hold. 1917E,  279. 

For  personal  injury  to  husband.  1916E, 
700. 

For  enticing  or  alienating  affections  of  hus- 
band. 1915A,  67;  1916E,  1086. 

—  by  both  husband  and   wife. 

Wrongful  joinder  in  suit  by  woman  of  man 
on  theory  that  he  was  her  husband. 
1913B,  883. 

Splitting    cause    of    action.     1917C,    543. 

Joining  husband  with  wife  in  action  for  in- 
jury to  crops  grown  by  him  on  w'Vs 
homestead.  1917B,  350. 


HUSBAND  AND  WIFE— IDIOT. 


215 


—  actions  between  husband  and  wife. 

Eight  of  wife  to  maintain  action  against 
husband  on  bond  binding  him  to  renew 
marital  relations  and  support  her  and 
their  children.  1917D,  440. 

Right  of  divorced  wife  to  recover  from  hus- 
band expense  of  supporting  child  prior 
to  divorce.  1915A,  1137. 

Liability  of  husband  wrongfully  causing  the 
death  of  his  wife.  1917B,  774. 

Right  to  sue  husband  for  assault.  1916B, 
907. 

Abandonment  of  wife. 

Wife's  right  of  action  lor  alienating  hus- 
band's affections,  see  supra. 

Desertion  as  ground  for  divorce,  see  DIVOBCE 
AND  SEPARATION. 

Annotation. 

Adultery  of  ivife  \vith  consent  or  con- 
nivance of  husband  as  justification 
of  abandonment  or  nonsupport  by 
latter.  1917D,  64O. 

Bond  to  su  port  wife;  validity.  1917D, 
440. 

Effect  of  adultery  by  wife  with  collusion  of 
husband  to  relieve  him  from  the  duty  of 
supporting  her.  1917D,  639. 

Domicil  of  deserted  wife.     1917B,  1028. 

Privilege  of  statement  by  father  of  one  who 
had  abandoned  his  wife  to  father  of  the 
latter.  1915A,  572. 

Effect  of  abandonment  of  wife  on  her  right 
to  recover  for  death  of  husband  under 
Federal  Employers''  Liability  Act. 
1916C,  800. 

Admissibility  of  evidence  in  prosecution  for. 
1916E,  760. 

Injunction  against  repeated  arrests  under 
unconstitutional  statutes.  1916C,  261. 

Extradition  of  husband  who  has  abandoned 
wife.  1915E,  691. 

Criminal  liability  of  minor  husband  for 
failing  to  support  wife.  191 6E,  760. 

Imprisonment  of  husband  failing  to  sup- 
port wife,  as  imprisonment  for  debt. 
1915F,  977. 

Wh_t  constitutes  "means"  within  meaning 
of  statute  requiring  man  to  support  his 
family  according  to  his  means.  1916D, 
441. 

Fact  that  woman  was  not  dependent  on  hus- 
band for  support  as  defense  in  prose- 
cution for  failure  to  support  her. 
1915F,  977. 


HYPOTHETICAL  QUESTIONS. 

See  EVIDENCE. 


ICE. 

Manufacture  of  ice  by  town  as  public  pur- 
pose for  which  taxing  power  may  be 
exercised.  1915B,  859. 

Who  entitled  to.    1916B,  1044. 


Liability  of  riparian  owner  for  preventing 
formation  of  ice.  1915E,  1210. 

Who  must  pay  cost  of  breaking  ice  neces- 
sary to  make  the  towage  possible,  under 
contract  to  pay  for  towage  service. 
1915B,  1086. 

Negligence  in  permitting  cattle  gur.rd  to  be- 
come filled  with  ice.  1915B,  134. 

On  sidewalk,  liability  for  injury.  1915B, 
324;  1917B,  1245. 


ICE  CREAIA. 


Annotation. 
Regulations  affecting. 


1917B,  2O7. 


Sufficiency  of  title  of  statute  as  to.     1917B, 

198. 
Fixing  standard  for.     1917B,   198;    1917E, 

761. 


ICE  CREAM  PARLOR. 

Presumption  of  negligence  from  injury  to 
customer  in.  1915F,  1121. 

Liability  of  owner  of  room  leased  for  ice 
cream  parlor  for  irjury  to  patron  by 
defective  condition.  1916F,  1121. 


IDEM   SONANS. 


See  NAME. 


IDENTITY  AND  IDENTIFICATION. 

Parol  evidence  of,  r?e  EVIDENCE. 
Evidence  as  to,  generally,  see  EVIDENCE. 

Identification  of  letters  offered  in  evidence. 
1916D,  457. 

Sufficiency  of  proof  of  identity  of  dog. 
1916D,  1032. 

Contradiction  of  witness  to  identification  of 
accused.  1915F,  601. 

Photographing  accused  person  or  convict  for 
purpose  of  identification.  1916A,  739. 

Duty  of  telegraph  company  to  identify  per- 
son sending  message.  1915A,  120. 

Effect  of  mistake  as  to  identity  of  principal 
on  contract  of  sale.  1916D,  792. 

Necessity  of  identifying  employee  causing 
loss  to  raise  liability  on  bond  against 
loss  through  employees.  1916F,  435. 

Shooting  of  insured  in  mistake  as  to  iden- 
tity as  an  intentional  injury.  1915A, 
538. 


IDIOT. 

See  INCOMPETENT  PERSONS. 


216 


ILLEGAL  CONTRACTS— IMPLIED  POWERS. 


ILLEGAL  CONTRACTS. 

lu  general,  see  CONTRACTS. 


ILLEGITIMACY. 

Right  of  illegitimate  to  inherit,  see  DESCENT 

AND  DISTRIBUTION. 
Legitimation     of     illegitimate     child,     see 

PARENT  AND  CHILD. 

Right  of  one  whose  family  consists  only  of 

illegitimate  child  to  homestead  exemp- 

tion.    1917C,   353. 
Sufficiency  of  proof  of.    1915F,  1087  ;  1916B, 

1052. 
Right    of    natural    mother    to    custody    of 

children.     1915E,  1019. 


ILL  FAME. 

House  of,  see  DISORDERLY  HOUSES. 


ILLICIT  RELATIONS. 

Annotation. 

Right  to  recover  for  household  services 
rendered  while  parties  were  living 
in  illicit  relations.  1917 A,  683. 

Illicit  cohabitation  as  nuisance.    1916C,  651. 

Liability  of  telegraph  company  disclosing 
contents  of  message  from  one  maintain- 
ing illicit  relations  with  sendee.  1915C, 
487. 


ILLITERACY. 

Annotation. 

Effect  of  illiteracy  on  failure  to  read 
contract  as  affecting  right  to  assert 
fraud  in  respect  thereto.  1917  F, 


ILLNESS. 


See  SICKNESS. 


ILLUSORY  APPOINTMENT. 

Estoppel  to  contest  validity  of.    1916D,  493. 


IMITATION. 

Of  trademark,  see  TRADEMARKS. 


IMMORALITY. 

See  ILLICIT  COHABITATION;   SEDUCTION. 


IMPAIRMENT  OF  OBLIGATIONS, 

See  CONSTITUTIONAL  LAW. 


IMPANELING. 

Of  grand  jury,  see  GRAND  JURY. 
-  *-•-»  - 
IMPEACHMENT. 

Of  witnesses  generally,  see  WITNESSES. 

Of  enrolled  bill.     1915D,  119;  1916E,  125L 


IMPLICATION. 

Trust  by,  see  TRUSTS. 

Annotation. 

Devise  or  bequest  by.     1917 A,  1213. 

Devise  by.     1917A,  1210. 


IMPLIED    AGREEMENTS. 

See  CONTRACTS. 

*-•-• 


IMPLIED    BEQUEST. 

Annotation. 

Bequest  by  implication.     19 17 A,  1213. 

•»•» 


IMPLIED  COVENANTS. 

In  general.     1916F,  1294;  1917A,  455. 
In  lease.     1917D,  1149. 
In  mining  lease.     1915B,  561. 
Of  title  on  conveyance  of  real  estate.    1916A, 
961. 

*"•"•• 


IMPLIED   DEVISE. 

Annotation. 

Devise   by   implication.      1917 A,    1213. 


IMPLIED  POWERS. 

Of  corporation.     1917B,  814,  1158 
Of  social  club.     1915C.  87J. 


IMPLIED  TRUSTS— INCOME. 


217 


IMPLIED  TRUSTS. 


See  TBUSTS. 


IMPLIED  WARRANTY. 

See  SALE. 


IMPORTS. 

Duties  on,  as  regulation  of  commerce,  see 
COMMERCE. 


IMPOSSIBILITY. 

Of     accomplishment    of     charitable     trust. 

1917C,  937. 
As  ground  of  relief  from  contract.     1915C, 

177;  1916F,  3;  1917A,  648;  1917C,  437, 

761. 


IMPOTENCY. 

As  defense  to  charge  of  assault  with  intent 
to  rape.     1915B,  131. 


IMPRISONMENT. 

For  crime  generally,  see  CRIMINAL  LAW. 
Imprisonment  for  debt,  see  IMPRISONMENT 
FOR  DEBT. 

Annotation. 

Imprisonment  of  one  of  the  parties  to 
a  contract  as  affecting  rights  and 
obligations  thereunder.  1917F, 
628. 

Re-entry  by  landlord  because  of  arrest  and 
imprisonment  of  lessee.  1917F,  626. 

Effect  of  widow's  imprisonment  for  crime  on 
allowance  to  her  out  of  husband's  es- 
tate. 1916E,  593. 

As  ground  for  divorce.     1917C,  159. 


IMPRISONMENT  FOR  DEBT. 

Power  of  municipality  to  provide  for  im- 
prisonment of  one  refusing  to  pay  for 
use  of  hired  vehicle.  1917B,  551. 

For  failure  to  pay  fine  imposed  by  statute 
providing  fine  for  failure  to  pay  wages 
in  cash.  1915B,  645. 

Imprisoning  husband  failing  to  support 
wife.  1915F,  977. 

Imprisonment  upon  judgment  for  damages 
for  seduction.  1916B,  993. 


IMPROVEMENTS. 

Lien  for,  generally,  see  MECHANICS'  LIENS. 
Public  improvements,  see  PUBLIC  IMPROVE- 
MENTS. 

Annotation*. 

Mechanics'  liens  for  cultivation,  cure, 
or  improvement  of  soil,  or  beautify- 
ing premises  generally.  1917D, 
351. 

Improvement  of  real  property  as  a 
family  expense  or  necessary  ivithin 
statute  rendering  wife  or  her  prop- 
erty liable  therefor.  1917 F,  S62. 

Payment  of  taxes  on  improvements  as  pay- 
ment of  tax  on  the  land.  1915F,  648. 

Estoppel  by  permitting.  1915A,  288; 
1916B,  653;  1916C,  233,  939. 

Allowance  for,  in  estimating  damages  in 
condemnation  proceeding.  1915E,  432; 
1916C, 1090;  1916F,  969. 

Tenant's  right  to  compensation  for.  1915C, 
234;  1916E,  1235. 

Trespass  de  bonis  asportatis  or  trover  for 
the  wrongful  removal  of  improvements 
by  tenant.  1915A,  654. 

Oral  evidence  of  landlord's  agreement  as  to. 
1917B,  141. 

Liability  of  vendor  to  vendee  for  improve- 
ments removed  by  tenant.  1917A,  415 

As  independent  ground  for  specific  perform- 
ance of  land  contract.  1917F,  594. 


IMPUTED  NEGLIGENCE. 

See  NEGLIGENCE. 


IMPUTED  NOTICE. 

See  NOTICE. 


INADEQUACY. 

Of  damages,  see  DAMAGES. 

Of  price,  as  ground  for  setting  aside  fore- 
closure sale.  1917B,  513. 

Incestuous  marriage.     1916C,  720,  752. 

Necessity  of  corroboration  of  testimony  of 
prosecutrix.  1915E,  1222. 

Evidence  of  other  crimes  in  prosecution  for. 
1915A,  138. 


INCOME. 

As  distinguished  from  capital  in  determin- 
ing respective  rights  of  life  tenants  and 
remainderman,  see  LIFE  TENANTS. 

Tax  on,  see  TAXES. 


218 


INCOME— INCOMPETENT  PERSONS. 


Annotation. 

Misstatetnent  as  to  income  of  insured- 
1917C,  344. 

Statement  as  to  income  of  insured.     1917C, 
338. 


INCOME  TAX. 


See  TAXES. 


INCOMPATIBILITY. 

Of  offices,  see  OFFICEBS. 

Of  provisions  in  insurance  policy.     1917B, 
319;   1917D,  1091. 


INCOMPETENT  PERSONS. 

In  general;  who  are;  inquisition. 
Contracts;   deeds. 
Maintenance. 
Snits  by  or  against. 

Powers  of  committee  and  administra- 
tion of  estate. 


In  general;  •who  are;  inquisition. 

Competency  to  commit  crime,  see  CBIMINAL 

LAW. 
Presumption    and    burden    of   proof   as   to 

sanity,  see  EVIDENCE. 

Opinion  evidence  as  to  sanity,  see  EVIDENCE. 
As  to  married  women,   see  HUSBAND  AND 

WIFE. 

As  to  Indians,  see  INDIANS. 
As  to  infants,  see  INFANTS. 
As  to  testamentary  capacity,  see  Wiu.s. 

Annotations. 

Attach  on  divorce  decree  granted  on 
ground  of  lunacy  of  divorced 
spouse.  1917B,  466. 

Bight  to  show  disability  of  adult  on  is- 
sue of  contributory  negligence 
without  allegation  thereof.  1917D, 
558. 

Rape  of.     1916F,  735. 

Recovery  under  Workmen's  Compensation 
Act  for  death  or  injury  resulting  from 
mental  derangement  caused  by  injuries 
received  in  course  of  employment. 
1916A,  337. 

Injury  to  insured  person  received  while  in- 
sane. 1915E,  656. 

Suicide  by  insured  while  insane.  1915E, 
656. 

Surrender  of  insurance  policy  by  insured 
while  mentally  incompetent.  1915A, 
872;  1917F,  631. 

Negligence  of  hospital  toward  patient  suf- 
fering from  mental  disorder.  1915D, 
334. 


Liability  for  arresting  and  imprisoning  per- 
son in  belief  that  he  was  insane.  1916C, 
228. 

Admissibility  under  pleadings  of  evidence  of 
mental  incompetency  of  injured  serv- 
ant offered  to  negative  contributory 
negligence.  1917D,  556. 

Admissibility  of  evidence  to  show  mental  in- 
capacity of  witness.  1916F,  1198. 

Mental  capacity  as  question  for  jury. 
1915A,  538;  1915F,  558. 

Inquisition  and  proceedings.    1915C,  581. 

Contracts;  deeds. 

Annotation. 

Insanity  of  insured  as  excuse  for  fail- 
ure to  give  notice  or  furnish  proofs 
of  loss  as  required  by  policy  of  fire 
insurance.  1917 A,  3O5. 

Validity  of  contract  by  intoxicated  person. 
1915B,  1121;  1915B,  465. 

Marriage  of.     1916C,  697. 

Effect  of  insanity  of  insured  at  time  of  loss 
to  excuse  failure  to  furnish  proofs  of 
loss.  1917A,  299. 

Surrender  of  life  insurance  policy  by  in- 
sured while  insane.  1915A,  872;  1917F, 
631. 

Deeds  before  inquisition  found  by  one  after- 
ward adjudged  incompetent.  1916D, 
924. 

Condition  of  right  to  recover  property  con- 
veyed by  incompetent.  1915B,  678. 

Maintenance. 

Construction  of  statute  providing  for  new 
inquisition  every  five  years  before  order 
may  be  granted  for  maintenance  of 
idiot  out  of  his  own  estate.  1915C,  581. 

Snits  by  or  against. 

Right  of  insane  person  to  prosecute  action 
in  his  own  name  by  a  next  friend 
1917A,  299. 

Time  for  raising  objection  to  suit  by  next 
friend.  1917A,  299. 

Powers  of  committee  and  administra- 
tion of  estate. 

Annotation. 

Power  of  committee  of  insane  person  to 

procure    necessities    for    family    of 

his  ward.      1917B,    67S. 

Jurisdiction  to  appoint  new  committee  be- 
fore removal  of  old  one.  1915C,  581. 

Right  of  committee  to  administer  upon  es- 
tate. 1915C,  581. 

Reversible  error  in  allowance  of  claim 
against  estate  of  incompetent.  1917B, 
676. 

Presentation  of  claim  against  estate  of  de- 
ceased incompetent  without  prior  pres- 
entation in  guardianship  proceedings. 
1917B,  676. 

Recovery  against  estate  of  incompetent  for 
value  of  services  rendered  by  one  em- 
ployed by  guardian.  191  "B,  676. 


INCOMPETENT  PERSONS— INDIANS. 


219 


Power  of  invalid  wife  of  insane  person  who 
has  been  appointed  guardian  to  employ 
attendant  to  care  for  her.  1917B,  676. 


INCONSISTENCY. 

Estoppel  by,  see  ESTOPPEL. 
In  pleading,  see  PLEADING. 

In  instructions.    1917C,  1066. 


INCONTESTABILITY. 

Of  insurance  policy,  see  INSURANCE. 


INCREASE. 

Annotation. 

Levy  upon   property  as  including  sub- 

sequent increase   thereof.      1917B, 

944. 


INCREASED  HAZARD. 

To  insured  property,  see  INSURANCE. 


INCRIMINATION  OF  SELF. 

See  CRIMINAL  LAW. 

4  «  » 


INDEBTEDNESS. 

Of  county,  see  COUNTIES. 
Of   municipality,   see  MUNICIPAL   CORPORA- 
TIONS. 
Of  school  district,  see  SCHOOLS. 

Liability  of  corporate  officers  for  excess  of. 
1915D,   1028;    1916C,   189. 


INDECENT    LANGUAGE. 

As  provocation  for  assault.     1916E,  896. 


INDEFINITENESS. 

Of  charitable  bequest,  see  CHARITIES. 

Of  description  of  offense  in  indictment,  see 

INDICTMENT,  ETC. 
Of  pleading,  see  PLEADING. 

Annotations. 

Bequest  to   one  to  divide  as  he  thinlfs 

best.      1917D,   S21. 
Specific  performance  of  contract  some 

of   the   terms    of   \vhich   are   to    be 

agreed  upon  by  the  parties.  1917D, 

1079. 


As  affecting  specie  performance.  1916C, 
1098;  1917 A,  563;  1917D,  1074.  - 

Quashing  indictment  for.     1915E,  1215. 

Of  statute.     1916D,  436. 

Of  trust.     1917F,  660;  1917D,  819. 

Of  beneficiaries  under  wills.     1917C,  597. 

Of  demand  for  autopsy  by  insurance  com- 
pany. 1915D,  1199. 


INDEMNITY. 

Bond  for,  see  BONDS. 

In  general,  see  CONTRIBUTION  AND  INDEM- 
NITY. 


INDEPENDENT  CONTRACTORS. 

Liability  of,  generally,  for  negligence,  see 
MASTER  AND  SERVANT. 

Annotations. 

Application  to,  of  Workmen's  Compen- 
sation Act.  1917t>,  147. 

Application  of  Workmen's  Compensa- 
tion Act  to  employees  of  contractor 
or  subcontractor.  1917D,  148. 

Who  is  an  independent  contractor  excluJed 
from  benefits  of  Workmen's  Compensa- 
tion Act.  1916E,  506. 

Servants  of  independent  contractor  as  fel- 
low servants  of  employees  of  property 
owner.  1915D,  836. 

Liability  of  municipality  for  acts  of,  caus- 
ing injury  on  highway.  1917D,  234. 

Liability  of,  for  negligence  after  acceptance 
of  work  by  employer.  1915E,  766. 

Liability  of  contractors  for  street  improve- 
ment for  injury  resulting  from  their 
negligence.  1917D,  234. 

Liability  of  highway  contractor,  for  injury 
where  municipality  is  not  liable. 
1916A,  1005. 

Liability  of  one  contracting  to  lay  sewer  in 
public  street  for  injury  to  gas  mains 
through  negligence.  1917E,  1092. 

Injury  to  contractor  working  upon  elevator 
shaft  because  of  failure  of  operator  to 
keep  his  promise  not  to  let  the  car 
descend  below  a  certain  floor  without 
permission  from  the  contractor.  1917E, 
961. 


INDETERMINATE  SENTENCE. 

See  CRIMINAL  LAW. 


INDIANS. 

Annotation. 

Validity    of    divorce    according    to    In- 
dian custom.      1917D,    574. 


220 


INDIANS— INDIVISIBILITY. 


Recognition    by   courts   of    Indian    divorce. 

1917D,  571. 

Citizenship  of  Indians.     1915F,  587. 
Jurisdiction  of  crime  committed  by  Indian. 

1915F,  587. 
Validity  of  deed  by  Crock  freedman  under 

eighteen  year  of  age  who  is  a  married 

woman.    1916D,  377. 


INDICTMENT,  INFORMATION,  AND 
COMPLAINT. 

In  general. 
Form;   requisites. 
Sufficiency  of  allegations. 

—  intent;   knowledge. 

—  negation   of   defenses   or  excep- 

tions. 

—  duplicity;  repugnancy. 

—  description    of   offense. 

—  sufficiency    to    support    convic- 

tion. 

Joinder  of  counts  or  persons. 
Quashing. 


In  general. 

Complaint    in    contempt    proceedings,    see 

CONTEMPT. 
Matters  as  to  grand  jury,  see  GRAND  JUBY. 

Prejudicial  error  in  rulings  on.  1915B,  83; 
1917C,  610. 

Who  may  file  information  for  disbarment. 
1917B,  1132. 

Sufficiency  of  complaint  in  disbarment  pro- 
ceedings. 1915A,  663. 

Duplicity  in  plea  to.     1917B,  608. 

Form;  requisites. 

First  objecting  to  sufficiency  of,  on  appeal, 
see  APPEAL  AND  ERROR. 

Annotation. 

Typewritten,  printed  or  stamped  signa- 
ture of.  1917B,  281. 

Sufficiency  of  motion  in  arrest  of  judgment 
to  raise  question  of  sufficiency  of  indict- 
ment. 1916D,  767. 

Directing  acquittal  for  insufficiency  of  in- 
dictment. 1916D,  767. 

Verification.  1915B,  505,  651;  1917C,  610, 
845. 

Sufficiency  of  allegations. 

—  intent;    knowledge. 

Necessity  of  allegation  of  knowledge  on  de- 
fendant's part  of  probability  of  conse- 
quences of  act  in  indictment  for  negli- 
gent manslaughter.  1915D,  201. 

—  negation  of  defenses  or  exceptions. 

Defenses.    1917B,  1230;  1917E,  668. 
Exceptions.     1915D,  515. 


—  duplicity;  repugnancy. 

How  question  of  repugnancy  in  allegations 
should  be  raised.  1917E,  797. 

Information  for  violation  of  liquor  laws. 
191 7B,  1230. 

Indictment  for  use  of  false  weights  and 
measures.  191 5D,  515. 

Indictment  for  robbery.    1915D,  1070. 

—  description  of  offense. 

Certainty  and  definiteness  of.     1915E,  1215. 

Sufficiency  of  information  for  criminal  con- 
tempt. 1917C,  845. 

For  requiring  woman  to  work  illegal  num- 
ber of  hours.  1917C,  922. 

Violation  of  statute  requiring  maintenance 
of  washhouses  for  employees.  1915B, 
420. 

Violation  of  statute  prescribing  weight  for 
print  or  package  of  butter.  1915D,  515. 

Violation  of  statute  as  to  holding  of  young 
calves  under  herd.  1915B,  213. 

Resorting  to  disorderly  house  for  purpose  of 
lewdness.  1915F,  640. 

Adultery.    1916C,  651. 

Arson.     1915D,  229. 

False  pretenses.  1916E,  783,  1104;  1916F, 
683;  1917E,  797,  849. 

Homicide.     191 5E,  121*5;  1917  A,  1226. 

Larceny.     1915B,  71. 

Rape.     1916E,  472. 

Receiving   stolen   property.      191 5B,   83. 

—  sufficiency  to  support  convection. 

Conviction  for  violation  of  ordinance  as  to 
false  weights  or  measures.  1917D, 
1127. 

Proof  of  aiding  and  abetting  murder  as  sup- 
porting conviction  on  indictment  charg- 
ing one  alone  with  murder.  1915E,  608. 

Sufficiency  of  indictment  for  robbery  to  sup- 
port conviction  for  larceny.  1915C,  121. 

Conviction  for  petit  larceny  under  charge  of 
grand  larceny.  1916F',  90. 

Joinder  of  counts  or  persoas. 

Cure  of  error  in  refusing  to  require  govern- 
ment to  elect.  1917C,  845. 

Quashing. 

Reversible  error  as  to.     1917C,  610. 

Dismissal  of  unverified  information  so  as  to 
bar  further  prosecution.  1917C,  610. 

Consideration  by  grand  jury  of  incompetent 
evidence  as  ground  for  quashing. 
1917B,  608. 

Because  talesman  called  to  act  on  grand 
jury  was  acting  as  stenographer  in  the 
case  and  his  name  was  not  on  jury 
list.  1917B,  608. 

For  failure  of  committing  magistrate  to  re- 
duce testimony  against  accused  to  writ- 
ing. 1916D,  590. 

For  indefiniteness.     1915E,  1215. 


INDIVISIBILITY. 

Of  contract  for  life  insurance.     1917B,  208. 


INDORSEMENT— INFANTS. 


221 


INDORSEMENT. 

Payment  by  bi;'k   of  paper  on  forged  in- 
dorsement, see  BANKS. 
Of  bill  or  note,  see  BILLS  AND  NOTES. 


INDUCEMENT. 

Parol  proof  of.    1917B,  267. 


INDUSTRIAL  DISEASES. 

See  OCCUPATIONAL  DISEASES. 


INDUSTRIAL,  INSURANCE. 

."See  WORKMEN'S  COMPENSATION. 


INEVITABLE  ACCIDENT. 

Annotation. 

Confusion  of  goods  l>y.     1917D,  851. 

As  ground  for  nonperformance  of  contract. 
1917A,  648. 


INTANTILE  PARALYSIS. 

Refusal  of  carrier  to  transport  person  dis- 
abled by.     1915E,  788. 


INFANTS. 

In  general. 

Injury  to,  or  death  oT. 

—  in   general. 

—  contributory       negligence;       as- 

sumption of  risk. 
Support  of,  and  care  for. 
Custody. 

Disabilities  and  liabilities  generally. 
Contracts. 

—  in    general. 

—  ratification  or  disaffirmance. 
Sale,  lease,  or  mortgage  of  land. 
Actions. 


In   general. 

Kidnapping  of  child,  see  ABDUCTION  AND 
KIDNAPPING. 

Enlistment  of,  see  ARMY  AND  NAVY. 

Guardianship  of,  see  GUARDIAN  AND  WARD. 

As  to  juvenile  offenders,  see  JUVENILE  OF- 
FENDERS. 

As  to  mothers'  pensions,  see  MOTHERS'  PEN- 
SIONS. 

Jurisdiction  in  matters  affecting.  1917C, 
897. 


Mental  capacity  of,  aa  question   for  jury. 

1915F,  558. 
Opinion  evidence  as  to  mental  capacity  of. 

1915F,  558. 
Necessity  of  corroboration  of  infant  prose- 

cutrix  in  rape  action.     1915E,  1222. 
Evidence  of  declarations  of.     1915E,  202. 
Evidence  of  admissions  by.     1915F,  558. 
As  passengers.    1916C,  348. 
Homicide  to  prevent  taking  of  child.    1915A, 

73. 
Fraud    in    inducing    marriage    of.      1916C, 

737;  1916F,  526. 
Right  of  action  for  death  of  parent.    1916C, 

800;  1917D,  1084. 
Unlawful    employment    of.      1915A,    1196; 

1915F,  803;  1917A,  1128;  1917D,  75. 
Regulating   hours   of   labor   and   wages   of. 

191 7C,  944. 
Who   may  maintain  action   for   mutilation 

of  corpse  of  child.     1915B,  519. 

Injury  to,  or  death  of. 

—  in  general. 

Negligence  toward  generally,  see  NEGLI- 
GENCE. 

.  it  notations. 

Application    to     minor     employees     of 

Workmen's      Compensation      Acts. 

1917D,    90. 
r.inbilil  i/    for   injury   to    children   from 

explosives  left  accessible  to   them. 

1917D,    1295. 

Requirement  of  notice  by  or  to  parent  or 
guardian  of  infant  employee  if  Work- 
men's Compensation  Act  is  not  to  ap- 
ply. 1917D,  71. 

Proximate  cause  of  injury  to.  191 5C,  710; 
1915E,  479;  1917A,  1290;  1917B,  1058. 

Necessity  of  joining  mother  in  action  by 
father  for  loss  of  child's  services. 
1915D,  1111. 

Pleadinsr  in  action  for  injury  to.  1915F, 
1082. 

Sufficiency  of  complaint  in  action  for  in- 
jury'to  child.  191 5A,  731. 

Measure  of  damages  for  personal  injuries 
to.  1915F,  11,  491;  1917A,  129J. 

Instructions  as  to  damages  for  injury  to. 
191 5F,  803. 

Right  of  action  for  death  of  child.  191 7F, 
851;  1917A,  1128;  1917D,  287. 

Contributory  negligence  of  father  as  de- 
fense to  action  by  mother  for  death 
of  minor  child.  1915E,  781. 

Measure  of  damages  for  death  of.  1915C, 
632;  1917B,  548. 

Negligence  in  sale  of  gun  to.     1915C,  460. 

Drowning  of,  in  well.     1915A,  731. 

Injury  to  child  in  highway.  1915C,  710; 
191 5E,  102S;  1916B,  945. 

Injury  to,  by  explosives.  1915E,  479; 
1917A,  992;  19]  7C,  429. 

Injury  to,  by  electric  wires.  1915A,  510; 
1915C,  151,  405. 

Injury  to  child  jumping  on  and  off  street 
car.  191(.C,  104. 

Injury  to  children  jumping  on  and  off  rail- 
road train.  1917C,  1066. 


222 


INFANTS. 


Injury  to  child  on  city  playground.  1915C, 
435;  1915D,  1108. 

Liability  of  municipality  for  negligence  of 
employee  causing  injury  to.  1917A, 
992;  1917C,  429. 

Sufficiency  of  notice  by  parent  to  city  of 
claim  for  injury  to  child.  1915D,  1111. 

Duty  of  master  to  warn  and  instruct  infant 
employee.  1915F,  558. 

Liability  of  master  for  injury  to  infant 
through  negligence  of  servant.  1915E, 
v  888;  1917F,  116. 

Liability  of  master  for  negligence  of  in- 
dependent contractor  resulting  in  in- 
jury to.  I915A,  731. 

—  contributory  negligence;  assump- 
tion of  risk. 

Assumption  of  risk  by  minor  employee,  see 
MASTER  AND  SERVANT.  - 

Annotations. 

Contributory  negligence  of.   1917F,  1O. 

Contributory  negligence  of  children  'on 
or  about  railroad  trade.  1917F, 
123. 

Contributory  negligence  of  children  on 
or  about  elevators.  1917F,  195. 

Circumstances  under  which  child 
crossing  street  car  tracks  is  guilty 
of  negligence  either  as  matter  of 
law  or  fact.  1917 F,  172. 

Presumption  and  burden  of  proof  as  to. 
1915F,  558. 

Allegation  of  freedom  from.  1915E,  500; 
1915F,  558. 

Question  for  jury  as  to.    1915F,  638. 

Contributory  negligence  of,  generally. 
1915E,  888,  1028;  1917D,  875;  1917F, 
7,  116. 

Contributory  negligence  of  infant  passen- 
ger. 1915B,  166. 

Contributory  negligence  of  infant  employee. 
1915F/558,  803;  1917A,  1128;  1917F, 
187. 

Contributory  negligence  of  child  failing  into 
elevator  shaft.  1915E,  500. 

Contributory  negligence  of,  in  use  of  high- 
ways. 1916B,  945;  1917F,  1. 

Contributory  negligence  of  child  injured  at 
-railroad  crossing.  1915E,  225;  1915F, 
11;  1917F,  ],  118. 

Contributory  negligence  of  child  injured  by 
street  car.  1917F,  164,  165,  167. 

Imputing  negligence  of  parent  to  child. 
3915F,  11. 

Support  of,  az.d  care  for. 

In  case  of  divorce,  see  DIVORCE  AND  SEP- 
ARATION. 

Annotation. 

Liability  of  parent  for  necessaries  fur- 
nished minor  child  u-Jio  is  liring 
a  tray  from  the  parent's  liotne. 
1917B,  693. 

Criminal  liability  of  parent  for  failing  to 
supply  necessaries  to  children.  1915A, 
504;  '1916E,  760. 


Competency  of  wife  as  witness  against  hus- 
band in  prosecution  for  failing  to  sup- 
port. 1915A,  564. 

Right  of  divorced  wife  to  recover  from  hus- 
band expense  of  supporting  child  prior 
to  divorce.  1915A,  1137. 

Duty  of  father  to  provide  for  minor  chil- 
dren, whether  they  remain  in  his  cus- 
tody or  not.  1917D,  971. 

Liability  for  services  of  physician.  1916B, 
1111;  1917B,  690. 

Custody. 

In  case  of  divorce,  see  DIVORCE  AND  SEPARA- 
TION. 
Guardianship  of,  see  GUARDIAN  AND  WARD. 

Review  on  appeal  of  decree  as  to.  1915B, 
154. 

Habeas  corpus  to  secure  custody  of.  1916B, 
977. 

Homicide  to  prevent  father  from  wrong- 
fully carrying  off  child.  1915A,  73. 

Considering  best  interests  of  infant  in  de- 
termining custody.  1917E,  318. 

Presumption  and  burden  of  proof  as  to  what 
best  interests  of  child  requires.  1915E, 
1019. 

Parent's  right  to  custody.  1915E,  1019; 
1917E,  318. 

Evidence  as  to  fitness  of  parent  for  custody 
of  child.  1916B,  977. 

Disabilities  and  liabilities  generally. 

Annotation. 

Attack  on  divorce  decree  grounded  on. 
infancy  of  divorced  spouse.  1917B, 

4:67. 

Infancy  as  defense  to  crime.     1916E,  760. 

Competencv  of,  as  witness  to  will.  1916E. 
692. 

Capacity  to  marry.     1916C,  732,  737. 

Penalty  for  issuing  marriage  license  to  in- 
fant without  reasonable  inquiry. 
1917E,  863. 

Contracts. 

—  in  general. 

Validity  of  marriage.     1916C,  732,  737. 

Contract  for  services  signed  by  infant  ana 
his  father.  191 6E,  682. 

Consent  by  infant  to  liquor  business  in 
close  proximity  to  his  property. 
1916D,  816. 

Liability  in  assumpsit  for  purchase  price 
paid,  of  stranger  whose  false  represen- 
tations aided  infant  in  sale  of  prop- 
erty. 1915  A,  1221. 

—  ratification  or  disaffirmance. 

Annotation. 

Right  of  an  infant  to  disaffirm  transfer 

of    note    by    indorsement.      1917B, 

1174. 

Presumption  as  to  genuineness  of  written 
consent  by  infant  remaindermen  to  sale 
of  land  bv  administrator.  1917E, 
1103. 


INFANTS— INITIATIVE,  REFERENDUM,  AND  RECALL. 


223 


Estoppel  of  infant  remaindermen  who  con- 
sent to  sale  of  land  by  administrator 
and  fail  to  disaffirm  sale  upon  attain- 
ing majority.  1917E,  1103. 

Right  of  infant  during  minority  to  rescind 
contract  for  fraud.  1915A,  1221. 

Effect  of  guardian's  consent  to  purchase  of 
automobile  by  infant  on  latter's  right 
to  disaffirm  contract.  1915C,  362. 

Right  to  disaffirm  purchase  of  automobile 
regardless  of  wear  given  it.  1915C, 
362. 

Disaffirmance  of  indorsement  of  note  by  in- 
fant. 1917B,  1172. 

Disaffirming  indorsement  of  note,  effect  of 
Negotiable  Instruments  Act.  1917B, 
1172. 

Repayment  or  restoration  by  infant. 
1915A,  1221;  1915C,  362;  1915E,  465. 

Sale,  lease,  or  mortgage  of  land. 

Jurisdiction  to  authorize  guardian  to  exe- 
cute lease  of  infant's  land.  1916F,  493. 

Actions. 

Effect  of  voidable  marriage  to  remove  dis- 
ability of  minor.  1916C,  693. 


INFECTION. 

Of  eye  in  attempting  to  remove  steel 
splinter  or  allay  irritation  caused 
thereby;  recovery  under  Workmen's 
Compensation  Act.  1916A,  323;  1916C, 
1139. 


INFLAMMABLE  SUBSTANCES. 

Annotation. 

Construction  and  effect  of  provision 
against  keeping,  on  insured  prem- 
ises. 1917C,  27S. 

Use  of,  on  insured  premises.  1915D,  187; 
1917C,  276. 

Forbidding  storage  of  inflammable  sub- 
stances in  garage  in  certain  locations. 
1915D,  603. 


INFORMATION. 

For  criminal  offense,  see  INDICTMENT,  ETC. 
In  quo  warranto,  see  Quo  WARRANTO. 

Unlawful  use  by  attorney  of  information  ob- 
tained from  client,  as  ground  for  sus- 
pension. 1917B,  378. 


INFRINGEMENT. 

Of  patent,  see  PATENTS. 

Of  trademark,  see  TRADEMARKS. 


INGRESS. 

Easement  of.     1915C,  355. 
Recovery  for   interference  with  ingress  to 
store.     1916D,  358. 

*  »  » 


INHALATION  OF  GAS. 

Annotation. 

Death    of   insured   front   asphyxiation. 
1917D,    74O. 

Death  of  insured  from.     1917D,  738. 


INHERITANCE. 

In  general,  see  DESCENT  AND  DISTRIBUTION. 
Tax  on,  see  TAXES. 


INHERITANCE  TAX. 

See  TAXES. 


INITIALS. 

Signature  01  will  by.     1915D,  902. 

Effect  of  mistake  in  middle  initial  of  name 

on   records  on   liability  of   abstractor. 

1915D,  1211. 


INITIATION. 

Annotation. 

Liability  of  benevolent  or  fraternal  so- 
ciety for  injury  to  person  during 
initiation.  1917C,  476. 

Injury  to  person  during  initiation  into 
fraternal  society.  1917C,  469. 


INITIATIVE,  REFERENDUM,  AND 
RECALL. 


Annotation. 

Initiative    and    referendum. 
15. 


1917B, 


Sufficiency  of  legal  machinery  provided  for 
submission  of  constitutional  amend- 
ment, initiative  by  electors.  1917B,  7. 

When  statute  which  is  subject  to  referen- 
dum may  be  put  into  effect.  1917B,  1. 

Right  of  voters  who  fail  to  file  referendum 
petition  to  question  validity  of  emer- 
gency clause  in  statute.  1917B,  1. 

Power  of  legislature  to  repeal  law  enacted 
upon  people's  initiative.  1917B,  1. 

Effect  of  statute  rejected  on  referendum 
after  passage  by  the  legislature,  to  re- 
peal prior  statutes.  191 5B,  988. 


224 


INITIATIVE,  REFERENDUM,  AND  RECALL;   INJUNCTION. 


Effect  on  statutory  provision  for  ouster  of 
officers  of  subsequent  statute  providing 
for  recall.  1916D,  1090. 

Validity  of  provision  in  city  charter  for  re- 
call of  municipal  officers.  1915B,  232. 

What  constitutes  malfeasance  for  which 
officer  may  be  recalled.  1915A,  285. 

Recall  petition  against  several  officers  joint- 
ly. 1916D,  1097. 

Determination  whether  petition  is  signed 
by  requisite  number  of  electors.  1915B, 
232. 

Mandamus  to  control  discretion  of  clerk  in 
determining  sufficiency  of  recall  peti- 
tion. 1915B,  232. 


INJUNCTION. 

In  general. 

Right  to  and  when  granted  generally. 

Contract   rights;   covenant. 

Illegal  or  tortions  acts;   crimes. 

Taking  of,  injury  to,  or  trespass  upon, 
real  property. 

Water  rights. 

Against  legal  proceedings. 

Against  officers  generally. 

Against  taxes  or  assessments. 

As  to  parks  and  highways. 

As  to  trademarks,  tradenames,  and 
imitations. 

Preliminary  and  interlocutory  in- 
junction. 

Procedure;  decree. 


In  general. 

As  to  prohibition,  see  PBOHIBITIOIT. 

Injunction  restraining  enforcement  of  rates 
fixed  by  statute  pending  action  to  test 
its  validity  as  protecting  carrier  from 
prosecution  for  its  violation.  1D16B, 
764. 

Error  in  excluding  writ  of,  from  evidence. 
1916B,  7G4. 

Malicious  prosecution  of  injunction  suit. 
1916E,  1277. 

Injunction  suit  as  a  suit  against  the  state. 
1915F,  1187;  1916D,  545. 

Right  to  and  when  granted  generally. 

Review  of  discretion  as  to,  see  APPEAL  AND 
ERBOB. 

Annotations. 

Injunction  against  nonlibelous  publi- 
cation affecting  personal  or  polit- 
ical rights.  1917A,  163. 

Injunction  to  restrain  sale  of  liquor  to 
be  shipped  into  prohibition  terri- 
tory. 1917D,  1021. 

Original    jurisdiction    of    appellate    court. 

1915B,  569;   1015C,  287. 
Estoppel  as  to.     101 6B,  653;   1916C,  939. 
Right  to,  where  legal  remedies  are  available. 

3916A,  965;  1917C,  75. 


Effect  of  quaranty  of  free  speech  on  right 
to  injunction  against  publication. 
1917E,  383". 

Effect  of  delay  in  aserting  rights.  '  19 15 A, 
615;  1916C,  1260;  1917B,  267. 

Effect  of  fact  that  complainant  does  not 
come  into  court  with  clean  hands. 
1016C,  218;  1916D,  116. 

Insolvency  of  defendant.  1917C,  777. 

Anticipated  or  threatened  injury.  1916A, 
739. 

Injury  or  inconvenience  to  defendant. 
1915A.  615;  1915B,  206;  1916C,  1260. 

Against  publication  of  political  matter  mere- 
ly because  it  is  false  or  misleading. 
1917A,  160. 

Against  sale  of  liquor  in  one  state  whore 
sale  is  legal,  to  be  shipped  into  prohibi- 
tion territory.  1917D,  1023. 

To  prevent  construction  of  road  to  enable 
persons    formerly    using    toll    road    to 
reach  free  highway.     1917D,  333. 
'  Against    delivery   of   deed   to   purchaser   at 
judicial  sale.     191 6E,  303. 

Against  use  of  land  as  cemetery.  1916B, 
1135. 

Mandatory  injunction.  1916C,  1260; 
1917F,  680. 

Contract  rights;  covenant. 

Annotations. 

Effect  of  stipulation  for  liquidated  dam- 
ages in  contract  not  to  engage  in 
business  upon  the  equitable  juris- 
diction to  enjoin  breach  thereof. 
1917E,  S86. 

Injunction  against  inducing  or  aiding 
breach  of  contract.  191 7C,  7s.*. 

Statute  forbidding  injunction  in  case  of 
threatened  violation  of  labor  contracts. 
1916F,  831. 

Effect  of  provision  in  water  company's 
franchise  that  city  may  purchase  the 
waterworks  of  the  company  on  ri«ht  to 
injunction  against  construction  of  other 
system  by  municipality.  1915C,  4.'!S. 

Effect  of  inability,  specifically  to  enforce 
collateral  contract  on  right  to  enjoin 
breach  of  principal  contract.  1917B, 
267. 

Injunction  against  sale  to  others  of  tobacco 
which  owner  has  contracted  to  deliver 
to  plaintiff.  1917C,  777. 

Contracts  not  to  engage  in  or  aid  competing 
business.  1915B,  206;  191GC,  'i-i>; 
1916E,  682;  1017B,  267;  1917E,  880. 

Contracts  for  personal  services.  1915A,  820; 
191 6E,  682. 

Illegal  or  tortions  acts;  crimes. 

Against  nuisance,  see  NUISANCES. 

Annotation. 

Injunction  to  prevent  disturbance  of 
religious  worship.  1917D,  996. 

Right  of  benevolent  society  to  restrain  use 
by  similar  orders  of  colors  of  the  order 
and  titles  of  its  officers.  1915B,  1074. 


INJUNCTION. 


225 


"Enjoining  member  of  religious  society  from 
entering  building  and  disturbing  wor- 
ship. 1917D,  994. 

To  prevent  member  of  religious  society  from 
insulting  or  molesting  pastor.  1917D, 
994. 

Against  transportation  or  delivery  of  li- 
quor in  violation  of  statute.  1916C, 
291. 

'To  prevent  opening  of  place  of  business  on 
Sunday  for  sale  of  liquor  contrary  to 
law.  1917D,  283. 

'To  prevent  exclusion  of  person  from  cars 
of  common  carrier.  1915E,  788. 

Against  interference  with  removal  by  con- 
tractor, of  pavement  rejected  because 
not  complying  with  contract.  1915B, 
173. 

Against  interference  with  rights  of  grantee 
of  lessor  under  oil  and  gas  lease. 
1915E,  570. 

.Against  inducing  third  person  to  discon- 
tinue business  relations.  1916B,  813. 

Against  circulation  of  photographs  of  par- 
doned convict.  1916A,  739. 

-Against  boycott  by  labor  union.  1915A, 
1217;  1915E,  1037;  1916C,  986. 

"Threat  of  boycott  by  labor  union.  1917E, 
383. 

Strike;  blacklisting.    1917F,  755. 

Picketing  premises.  1917E,  389;  1917F, 
824. 

Blacklisting  of  employee.    1916C,  218. 

Acts  punishable  as  misdemeanors  and  fel- 
onies. 1916F,  1001. 

Taking  of,  injury  to,  or  trespass  upon, 
real  property. 

Against  nuisance,  see  NUISANCES. 

Annotation. 

Against  trespass  to  cut  timber.  101 7C, 
236. 

"To  compel  one  to  repair  a  retaining  wall  on 
his  property  to  prevent  its  falling  onto 
adjoining  property.  1917F,  680. 

•Commission  of  trespass.     1915C,  345. 

•Cutting  timber.     1917C,  232. 

Water  rights. 

^Cutting  off  water  supply  of  municipality. 

1917B,  908. 
Pollution  of  water.    1916B,  1135. 

Against  legal  proceedings. 

•Conflict  of  jurisdiction  as  to,  see  COUETS. 

Annotation. 

Injunction  to  restrain  action  ~by  seller 
to  recover  property  sold  ~by  condi- 
tional sale.  19 me,  77. 

Injunction  to  avoid  multiplicity  of  suits. 
1915F,  1012. 

Enjoining  United  States  which  has  failed  to 
prevent  its  claim  in  proceeding  to  limit 
liability  of  shipowner,  from  prosecut- 
ing the  claim.  1917C,  1103. 

Suit  by  patentee  against  persons  who  have 
purchased  infringing  machine.  1915F, 
1101. 

L.H.A.  Tri.  Index  1915-17.— 15. 


Suit  by  subcontractor  against  contractor  for 

balance  due.     1915F,  1012. 
Distraint    of    personal    property    for    tax. 

1916A,  965. 

Against  execution  sale.    1915F,  1120. 
Suit    for   possession   of   property    sold   on 

execution.  1916E,  1140. 
Replevin  action.  1917 C,  75. 
Criminal  proceedings.  1915B,  1097 ;  1915D, 

327,    684;    1916C,    261;     1916D,    545; 

1917 A,  421;  1917F,  1163. 

Against  officers  generally. 

Suit  to  enjoin  officers  as  suit  against  the 
state.  1915F,  1187;  1916D,  545. 

When  court  will  enjoin  revocation  of  theater 
license.  1916C,  224. 

Against  trustees  of  state  university  to  pre- 
vent exclusion  of  Greek  letter  fraterni- 
ties. 1915D,  588. 

To  protect  citizens  from  business  competi- 
tion by  municipality.  1916A,  908. 

Against  interference  with  owner's  posses- 
sion of  property  illegally  seized.  1915E, 
399. 

To  protect  owner  of  cemetery  lot  in  exer- 
cise of  rights.  1915E,  168. 

As  to  use  of  public  funds.    1915B,  569. 

Against  park  and  tree  commission.  1915E, 
168. 

Against  public  service  commissioners. 
1915A,  1. 

Against  police  officers.    1916A,  739. 

To  prevent  enforcement  of  statute.  1915B. 
569;  1916B,  764;  1917 A,  421,  495. 

As  to  ordinance.  1915D,  595,  684;  1915F, 
726. 

Against  taxes  or  assessments. 

General  rule  as  to.     1916A,  965. 

To  restrain  corporation  from  paying  in- 
come tax  alleged  to  be  invalid.  1917D, 
414. 

State  tax.     1916A,  965. 

Taxes  which  h°,ve  been  uetermined  to  be  un- 
constitutional. 1916C,  522. 

Tax  or  assessments  partly  erroneous. 
1916A,  965. 

As  to  parks  and  highways. 

Private  action  to  restrain  obstruction  of 
highway.  1915D,  142. 

As  to  trademarks,  tradenames,  and 
imitations. 

Fraud  as  element  of  suit.     1916D,  116. 

To  restrain  unfair  use  of  corporate  name. 

1915B,  1074. 

Tradename.  1916D,  116. 
Trademark.  1916D,  136. 
Unfair  competition.  1915F,  1107. 

Preliminary  and  interlocutory  injunc- 
tion. 

Review  of  discretion  as  to.     1915F,   1012, 

1107;  1916D,  136. 
Abatement  of  suit  for  temporary  injunction 

by   pendency  of  other   action.     1915F, 

1107. 

Necessity  of  notice.  1915A,  606. 
Against    enforcement    of    rate    by    railroad 

commission.    1915A,  1. 


226 


IN  JUNCTION— IN  SAN  ITY. 


Temporary  injunction  restraining  govern- 
mental agency  from  destroying  tele- 
phone poles  and  -wires  as  bar  to  man- 
damus proceeding  by  such  agency  to 
compel  removal  of  the  telephone  line. 
1917D,  660. 

Dissolution  and  continuance.  1915B,  173; 
1915F,  984;  1917E,  880. 

Procedure;  decree. 

Annotation- 
Effect    of    insertion    of    unauthorized 

provisions     in     injunction      bond. 

1917B,   996. 

Condition  precedent  to  injunction  suit 
against  municipality.  1916D,  426. 

Jurisdiction  of  injunction  suit.  1915B,  569, 
889;  1916BX764. 

Process  or  notice.     1915A,  606. 

Joining  claim  for  damages  with  suit  for  in- 
junction. 1915C,  624. 

Pleading  in.  1915D,  1097;  1916F,  1001; 
1917B,  267;  1917F,  755. 

Relief  under  pleading.     1917F,  385. 

Right  to  jury  trial.     1915D,  209. 

Who  may  maintain  injunction  suit.  1915C, 
624;  1915D,  142,  684;  1916A,  908; 
1916B,  1143;  1916C,  395;  1917A,  495. 

Parties  defendant.  1915F,  1120;  1917F, 
824. 

Finality  of  injunction  order  for  purpose  of 
appeal.  1917B,  1296. 

Review  on  appeal  of  findings.     1917B,  267. 

Costs  on  appeal  in  injunction  suit.  1916A, 
750. 

Bond;  damages.     1915A,  853;  1916E,  1277. 

Effect  and  collusiveness  of  decree.  1915A, 
982;  1915F,  984. 

Conditions  imposed  by  appellate  court  be- 
fore making  injunction  operative. 
1915F,  1107. 

Contempt  in  violating  decree.  1917E,  551, 
650. 


INNKEEPERS. 

In  general. 

'Who  are  guests. 

Rights  of  and  liability  to  guests. 

—  in  general;  loss  of  property. 

—  for    injuries    to    person    or    in- 

dignities to  guests. 

Rights  of  persons  other  than  guests. 
Lien. 


In  general. 

Annotation. 

Right  of  state  or  municipality  to  for- 
Itid  solicitation  of  patronage  at 
railway  stations.  1917D,  69O. 

Requiring  license  of.    1915B,  1097. 
Validity   of   statute   requiring   fire   escapes 
in   hotels,   etc.     1917C,    1146. 


"Who  are  guests. 

One  who  goes  to  inn  intending  only  to  avail 
himself  of  free  facilities  furnished  by 
innkeeper  to  public.  1916E,  534. 

Rights  of  and  liability  to  guests. 

—  in  general;  loss  of  property. 

As  to  who  are  guests  to  whom  innkeeper  is 
liable,  see  supra. 

Annotation. 

Liability   of  innkeeper  for  effects   left 

by  departing  guest  who  intends  to 

return.     1917F,  S3 9. 

Innkeeper  as  gratuitous  bailee  of  trunk  left 
by  guest  after  paying  his  bill.  1916F, 
234. 

Theft  by  innkeepers'  servants.    1917F,  834. 

Negligence  of  guest.     1917F,  834. 

—  for  injuries  to  person  or  indignities 

to    guests. 

Liability  of  one  wj:o  lets  hotel  v  ith  defec- 
tive elevator  for  injury  to  guest. 
1915B,  364. 

Injury  through  lack  of  fire  escapes.  1917C, 
1146. 

Assumption  of  risk  by  guest.     1917C,  1146. 

Contributory  negligence  of  guest.  1916F, 
1287. 

Rights  of  persons  other  than  guests. 

Loss  of  baggage  delivered  to  porter  of  hotel 
by  one  who  had  no  intention'  of  becom- 
ing a  guest.  1916E,  534. 

Lien. 

Keeper  of  an  apartment  house  as  within 
statute  giving  innkeeper  lien  upon  bag- 
gage or  furniture  of  patrons  for  rent. 
1915F,  664. 


INNOCENCE. 

Presumption  of,  see  EVIDENCE. 


INQUEST. 

Evidence  of  statement  of  witness  at.    1915F, 
1087;  1917F,  167. 


INQUISITION. 

As  to  incompetency,  see  INCOMPETENT  PEB- 
SONS. 


INSANITY. 

See  INCOMPETENT  PEBSONS. 


INSOLVENCY— INSURABLE  INTEREST. 


227 


INSOLVENCY. 

In  general. 

Powers  and  duties  of  trustee. 

Unlawful  preferences. 


In  general. 

Assignment  for  creditors,  see  ASSIGNMENT 

'  FOR  CREDITORS. 

As  to  bankruptcy,  see  BANKRUPTCY. 
Of  banks;  see  BANKS. 
Of  corporation,  see  CORPORATIONS. 
Of  foreign  corporation,  see  CORPORATIONS. 
Of  insurance  company,  see  INSURANCE. 
As  to  receiver,  see  RECEIVERS. 
As  affecting  set-off,  see  SET-OFF  AND  COUN- 
TERCLAIM. 
Following  trust  funds,  see  TRUSTS. 

Sufficiency  of  allegation  of.    1917F,  263. 

Effect  of,  on  right  to  injunction.  1917C, 
777. 

Effect  of  insolvency  of  employer  so  that 
judgment  against  him  cannot  be  collect- 
ed on  recovery  on  employer's  liability 
insurance  policy.  1916E,  597. 

Powers  and  duties  of  trustee. 

Duty  of  trustee  of  insolvent  savings  bank. 
1916C,  6. 

General  deposit  by  trustee  of  insolvent. 
1916C,  6. 

Power  'of  trustee  to  loan  funds  of  trust. 
1916C,  6. 

Lien  of  creditors  of  insolvent  on  proceeds 
of  insurance  with  which  he  had  prom- 
ised to  pay  them.  1917B,  130. 


Inspection  fee  as  violating  constitutional 
provision  for  equal  taxation.  1917D, 
746. 

Conferring  judicial  power  on  fruit  inspector. 
1915F,  894. 

State  inspection  law  as  interference  with  in- 
terstate commerce.  1916D,  193;  1917D, 
746. 

Duty  of  legislature  consolidating  different 
departments  to  apportion  fees  for  in- 
spection. 1917D,  746. 

Presumption  that  state  will  reduce  inspec- 
tion fees  which  prove  to  be  excessive. 
1917D,  746. 

Liability  of  cattle  inspector  for  injury  dur- 
ing inspection.  1915B,  1013. 


INSTALMENT   CONTRACT. 

Acceptance  of  note  for  one  instalment  of 
goods  sold  as  releasing  surety  from  lia- 
bility for  other  instalments.  1917A, 
282." 

Liability  on  instalment  contract  of  partner 
who  retires  during  term  of  contract. 
1913B,  418. 


INSTANTANEOUS  DEATH. 

;  Right  of  action  for  causing.     1917A,  1128 


Unlawful  preferences. 
Preferences  by  insolvent  bank. 


1917A,  696. 


INSPECTION. 

Of  corporate  books,  see  CORPORATIONS. 
In  general,  see  DISCOVERY  AND  INSPECTION. 
Master's  duty  as  to,  see  MASTER  AND  SERV- 
ANT. 
Effect  of,  on  warranty,  see  SALE. 

Annotations. 

Time  within  which  demand  by  insurer 

for  inspection  of  injured  property 

must  be  made.     1917 A,   1O86. 
Of    dairy    herds    belonging    to    persons 

selling  milk.     1917C,  253. 
Reasonableness      of      inspection      fees. 

1917D,   749. 

Liability  of  one  maintaining  elevator  for 
negligence  of  persons  employed  to  in- 
spect it.  191 6C,  1245. 

Time  to  demand  inspection  of  insured  goods 
injured  by  fire.  1917A,  1078. 

Waiver  by  insurer  of  right  to  demand  in- 
spection of  injured  goods.  1917A,  1078. 

Interference  by  courts  -with  statute  impos- 
ing inspection  fees.  1917D,  746 


INSTRUCTIONS. 

Master's    duty    to    instruct    employee,    see 

MASTER  AND  SERVANT. 
For  instructions  generally  and  cross  refer- 

ences to  same,  see  TRIAL. 

Liability    of    insurance    agent    failing    to 
comply  with.    1915A,  860. 


INSULATION. 

Injury  by  defective  insulation  of  electric 
wire.  1915C,  151,  405;  1917E,  242, 
258. 


INSULT. 

To  passenger,  see  CARRIERS. 

As  provocation  for  assault.    1916E,  896. 


INSURABLE  INTEREST. 

See  INSURANCE. 


INSURANCE. 


INSURANCE. 

In  general. 

Right  and  manner  of  doing  business; 

regulations. 
Foreign    corporations. 
Dissolution  of  company;  insolvency. 
Officers  and  agents. 
Insnrable   interest. 

—  in  property. 

—  in  life. 

The  policy  or  contract  generally. 
Constitution,  rules  and  by-laws. 
Reformation,    rescission. 
Cancelation;  surrender;  extended  in- 
surance. 
Construction  of  policy. 

—  in   general. 

—  of  policies  on  property. 

—  of  policies  on  persons. 
Warranties,  representations,  and  con- 
ditions   in    policies    on    prop- 
erty; description. 

—  generally. 

—  title  and  encumbrances. 

—  use  and  care  of  property. 

—  books;        inventory;        iron-safe 

clause. 

—  other  insurance. 

—  severability. 

Warranties,  representations,  and  con- 
ditions in  life  or  accident 
policies. 

—  in   general. 

—  health  and  habits. 

—  occupation. 

—  other    insurance;    previous    ap- 

plications. 

—  family  history. 

—  incontestability. 
Forfeiture. 

—  in   general. 

—  for  nonpayment  of  premiums  or 

assessments. 
Reinstatement. 
Premiums  and  assessments. 
Transfer     of     policy     or     of     interest 

therein. 

—  assignment  generally. 

—  change   of  beneficiary. 
Waiver  or  estoppel  of  insured  or  ben- 
eficiary. 

"Waiver  or  estoppel  of  insurer. 

—  in  general. 

—  acts   constituting  waiver   or  es- 

toppel. 

Tlie  loss  generally. 
Notice  and  proofs  of  loss;  arbitration; 

inspection. 
Risks    and    causes    of    loss,    injury    or 

death. 

—  under    policies    covering    prop- 

erty. 

—  under  life  policies. 

—  under    accident    or    health    pol- 

icies. 
Extert  of  injury  or  loss;  of  recovery. 

—  insurance    on    property. 

—  insurance   on  persons. 
Interest  in  proceeds. 

—  of  property  insurance. 

—  of  insurance   en  persons. 
Defenses;   release. 


Subrogation. 

Apportionment  or  contribution. 

Actions,  enforcing  payment. 

Guaranty  insurance. 

Insurance   against   robbery   or  theft. 


In  general. 

Matters  as  to  benevolent  societies  other 
than  insurance,  see  BENEVOLENT  SOCIE- 
TIES. 

Conflict  of  laws  as  to,  see  CONFLICT  OF 
LAWS. 

As  to  industrial  insurance,  see  WORKMEN'S 
COMPENSATION. 

Annotations. 

Employer's  contribution  to  insurance 
for  benefit  of  employee,  as  affect- 
ing or  affected  by  recovery  against 
Jiim  for  personal  injury.  1917B, 
116O. 

Insurance  against  loss  of  profits. 
1917C,  726. 

Inheritance  tax  on  proceeds  of  life  in- 
surance. 1917D,  636. 

Evidence  of  insurance  on  life  of  person  for 
whose  death  action  is  brought.  1915E, 
1201. 

Effect  of,  to  reduce  damages.     1917E,  539. 

Transfer  tax  on  interest  of  beneficiary  in 
life  insurance  policy.  1917D,  633. 

Exemption  from  income  tax  of  life  insur- 
ance. 1915B,  569. 

Right  of  corporation  chartered  to  deal  in 
goods,  wares,  and  merchandise  to  under- 
take commercial  insurance  contracts. 
1917D,  485. 

Misrepresentation  of  adjuster  as  ground  for 
release  from  compromise  of  claim  un- 
der fire  policy.  1917A,  482. 

Instrument  given  by  grand  lodge  of  frater- 
nal society  in  payment  of  a  death  claim 
as  in  legal  effect  an  ordinary  bank 
check.  1916B,  815. 

Right  and  manner  of  doing  business; 
regulations. 

Foreign  corporations,  see  infra. 

What  constitutes   insurance.      1915B,   976; 

1915D,  501;  1917E,  995. 
Mutual    companies.      1915D,    130;     1917E, 

995. 

Regulation  of  rates.     1915C,  1189. 
Estoppel  of  state  to  enforce  insurance  laws. 

1915B,  976. 
Effect  of  contemporaneous   construction   of 

insurance    laws   by   insurance    commis-. 

sioner.     1915B,  976. 
Discrimination  in  statute  as  to  appointment 

and     licensing     of     insurance     agents. 

1916E,  708. 

Foreign  corporations. 

Right  to  do  business.     1915E,  708. 

State  taxation  of  amounts  due  foreign  in- 
surance company  by  state  policy  hold- 
ers for  premiums.  1915C,  903. 


INSURANCE. 


229 


Dissolution  of  company;  insolvency.        The  policy  or  contract  generally. 


Annotation. 

Losses    occurring    after    insolvency    of 
insurer.     1917E,   114=1. 


Dissolution  of  company  wrongfully  issuing 
funeral  certificates  which  has  authority 
to  transact  legitimate  business.  1915B, 
976. 

Venue  of  action  by  receiver  of  ir  solvent 
company  to  enforce  statutory  liability 
of  stockholders.  1916D,  1129. 

Effect  of  insolvency  of  company  on  rights 
of  policyholders  and  beneficiaries. 
1917E,  1139. 

Officers  anil  agents. 

When  injury  to  agent  ia  within  protection 
of  Workmen's  Compensation  Act. 
1917B,  249. 

Competency  of  agent  to  testify  as  to  value 
of  property  in  action  on  policy.  1915C, 
1179. 

Powers  of  agent  generally.     1916B,  1189. 

Power  of  agent  to  agree  to  renew  policy  on 
its  expiration.  1916C,  779. 

Binding  effect  on  company  of  statement  by 
agent  as  to  what  policy  will  cover. 
1917B,  934. 

Negligence  of  agent  in  failing  to  forward 
application  so  that  property  is  de- 
stroyed without  insurance.  1916D,  238. 

Personal  liability.     1915 A,  860;  1916E,  878. 

Subagents.     1917D,  1091. 

Insurable  interest. 

—  in  property. 

As  to  ownership  of  insured  property,  see 
infra. 


Annotations. 

Insurable  interest  in  crops.  1917 A, 
4S5. 

Illegality  of  policy  for  lack,  of,  as  affect- 
ing right  to  recover  back  premi- 
ums paid.  1917A,  477. 

Insurable  interests  in  crops.    1917A,  482. 
Of  wife  in  homestead.    1917F,  663. 

—  in  life. 

Right  to  recover  premiums  paid  where  pol- 
icy is  declared  void  for  absence  of  in- 
surable  interest.  1917A,  475. 

Waiver  of  conditions  as  to.     1916B,  901. 

Effect  of  facility  of  payment  clause.  191 6F, 
457. 

Insurable  interest  of  corporation  in  life  of 
officer.  1915F,  979. 

Woman  living  with  man  pursuant  to  il- 
legal marriage.  1917B,  375. 

Relative  or  dependent.  1916B,  901;  1917C, 
925;  1917F,  398. 

Stepdaughter  as  "adopted  child"  or  mem- 
ber of  "family"  \vithin  by-laws  of  bene- 
fit society.  1916B,  901. 


Annotations. 

Insurance  on  baivdyhouse  or  furniture 
therein.  1917B,  257. 

Damages  recoverable  by  member  for 
breach  of  contract  by  mutual  bene- 
fit association.  1917E,  1O35. 

Recovery  for  losses  occurring  after  in- 
solvency of  insurer.  1917E,  1141. 

Parol  evidence  to  show  misdescription  of 
land  in  insurance  policy.  1915D,  766. 

Estoppel  of  original  beneficiary  or  heirs  of 
insured  to  deny  validity.  1916E,  588. 

Validity  of  stipulation  against  recovery  of 
interest  in  case  of  action  to  enforce 
contract.  191 6A,  551. 

Validity  of  contract  by  corporation  for  in- 
surance on  life  of  officer.  1915F,  979. 

Validity  of  insurance  on  furniture  in  dis- 
orderly house.  1917B,  253. 

Delivery  and  acceptance  of  policy.  1917E, 
983. 

Acceptance  of  risk.     1916D,  238. 

Constitution,  rnles,   and  by-laws. 

General  provisions  in  and  changes  of  con- 
stitution, by-laws,  etc.,  of  benefit  socie- 
ties, see  BENEVOLENT  SOCIETIES. 

Annotation*. 

Validity  and  effect  of  by-law  of  mutual 
benefit  society  suspending  member 
who  disappears.  19 17 A,  182. 

Validity  and  effect  of  by-law  of  mutual 
benefit  society  refusing  to  pay 
benefit  upon  presumption  of  death 
from  seven  years'  absence.  1917C, 
1032. 

RigJit  of  a  mutual  benefit  society  to  de- 
crease benefits.  1917C,  626. 

Conclusiveness  on  courts  of  provisions  in 
beneficiary  certificates  and  constitution 
of  the  order.  1917E,  995. 

Controlling  effect  of  foreign  judgment  as  to. 
1916A,  765,  771. 

Right  of  fraternal  societies  to  enforce  rea- 
sonable rules  and  regulations;  duty  of 
members  to  comply  therewith.  1917E, 
995. 

Estoppel  to  raise  rates  by  rates  published  in 
by-laws.  1916A,  750. 

By-law  as  to  presumption  of  death  from 
absence.  1917C,  1039. 

By-law  suspending  member  who  disap- 
pears. 1917A,  183. 

By-law  fixing  greater  rate  for  members  over 
certain  age.  1916A,  750. 

By-law  reducing  amount  for  which  com- 
pany is  to  be  liable.  1917C,  625. 

Application  of  by-law  increasing  amount  re- 
coverable to  death  from  accident  occur- 
ring before  adoption  of  by-law.  1915A, 
314. 

Estoppel  of  insurance  company  to  rely  upon 
change  of  by-laws.  191 5B,  793. 

Conflict  of  laws  as  to  right  to  amend. 
1916A,  771. 

Amendment  of  by-law  as  to  effect  of  suicide. 
1915D,  1095* 


230 


INSURANCE. 


Amendment  o*  by-laws  raising  rates.  1916C, 
1051;  1916F,  919. 

Effect  of  change  of  by-law  on  interest  of 
heirs  in  proceeds  of  policy  upon  death 
of  beneficiary  and  insured.  1915A,  264. 

Effect  on  right  to  recover  on  policy  on  life 
of  one  whose  death  is  presumed  from 
absence,  of  by-law  adopted  during  such 
absence.  1915B,  756. 

Reformation,  rescission. 

Reformation  of  insurance  policy  and  en- 
forcement thereof  in  one  action.  1915D, 
766;  1917F,  663. 

Reformation  to  correct  mistake  in  descrip- 
tion. 1915D,  766;  1917F,  663. 

Reformation  to  protect  rights  of  assignee  of 
mortgagee.  1917C,  106. 

Rescission  of  contract  because  of  increase  of 
rates.  191 6A,  750. 

Cancelation;  surrender;  extended-  in- 
surance. 

Annotation. 

Effect  of  loan  as  working  forfeiture 
of  options  under  policy.  1917 A, 

124:1. 

Liability  of  agent  failing  to  comply  with  in- 
structions to  secure  increased  premium 
or  cancel  policy.  1915A,  860. 

Admission  in  pleading  as  to  surrender  of 
policy.  1915A,  872. 

Estoppel  of  beneficiary  to  contest  surrender 
of  policy  by  insured.  1915A,  872. 

Effect  of  insolvency  of  company  to  cancel 
outstanding  policies.  1917E,  1339. 

Effect  of  loan  to  insured  to  work  forfeiture 
of  option  for  extended  insurance. 
1917A,  1237. 

Surrender  of  policy  bjf  insured  while  insane. 
1915A,  872;  1917F,  631. 

Application  of  reserve  to  purchase  of  paid- 
up  insurance  in  case  of  death  of  in- 
sured after  default  in  payment  of  pre- 
miums. 3016F,  1244. 

Effect  of  prQrfttrm  for  surrender  of  policy 
by  insured  on  attaining  certain  age  to 
impair  vested  interest  of  beneficiary. 
1915D,  130. 

Notice.     1915C,  758. 

Construction  of  policy. 

—  in  general. 

Construing  policy  most  strongly  against  in- 
surance company.  1915D,  358;  1915E, 
695;  1917D,  684. 

—  of  policies  on  property. 

As  to  severability  of  insurance  contract,  see 

infra. 
As  to  risk  and  causes  of  loss,  see  infra. 

Annotation. 

Property  covered  ~by  policy  on  "farm- 
ing utensils."  1917B,  937. 

Reading    ordinance    into    insurance    policy. 

1915E,  618. 
Incompatibility  of  provisions.    1917D,  1091. 


Property  covered.    1917B,  253,  934. 

Policy  of  insurance  on  a  farm  barn.    191 5D, 

187. 
Marine  insurance.    1916F,  1168. 

—  of  policies  on  persons. 

Indivisibility    of    policy    of    life    insurance. 

1917B,  208. 

Repugnancy  of  provisions  in.     1917B,  319. 
Liberal  construction  of  contract  in  favor  of 

insured.       1915D,     358;     1915E,     695; 

1917E,  995. 
Construction    of   beneficiary    certificates    of 

fraternal  societies.     1917E,  995. 

'Warranties,  representations,  and  con- 
ditions in  policies  on  property; 
description. 

—  generally. 

Presumption  of  knowledge  of  applicant  as 
to  terms  of  policy.  1916E,  1203. 

Burden  of  proof  as  to.    1917A,  299. 

Burden  of  proving  that  false  statement  in- 
creased the  risk.  19]  6E,  1203. 

Parol  evidence  to  contradict  terms  of  policy 
as  to  location  of  property.  1915C,  619. 

Provision  against  false  swearing.  1917E, 
983. 

—  title  and  encumbrances. 
Annotations. 

Effect  of  consent  after  loss  to  change 
of  ownership.  1917F,  1O42. 

Provisions  against  alienation  or  change 
in  interest,  title,  or  possession  aft 
applying  to  interest  of  cotenant. 
1917 A,  32. 

Burden  of  proof  of  breach  of  condition  as 

to.     1917A,  299. 
Parol  evidence  to  contradict  terms  of  policy 

as  to  interest  of  insured.     1915C,  619. 
Waiver  of  conditions  as  to.    1916B,  12.12. 
Encumbrances  generally.     1917E,  983. 
Chattel  mortgages.     1916D,  344,  812. 
Condition    as    to    "sole    and    unconditional 

ownership."     1915D,  812;   191 7. \.  ~2W. 
Change   of    title   or    interest.      1917A,    29; 

1917D,  307;   1917E,  328;   1917F,  1040. 

—  use  and  care  of  property. 

Annotation. 

Construction    and    effect    of   provisions 

against  keeping  prohibited  articles. 

1917C,   278. 

Provision  avoiding  policy  if  circumstances 
affecting  the  risk  are  altered  so  as  to 
increase  risk.  1915C,  758;  1915D,  187. 

Alteration;  repairs.     1915C,  758. 

Vacancy:  occupancy.     1915B,  844. 

Change  of  location.  1915B,  361;  1915C, 
408:  1915D,  239. 

Prohibited  articles.  1915D,  187;  1917C, 
276. 

—  books;    inventory;    iron-safe    clause. 

Necessity  of  strict  compliance  with  condi- 
tions as  to.  1915F,  759;  1917F,  663. 


INSURANCE. 


231 


Sufficiency  of  books  kept  to  satisfy  condi- 
tion as  to.  1915C,  619;  1917A,  1078. 

—  other   insurance. 

Annotations. 

Procuring  of  insurance  ~by  mortgagee 
as  a  violation  of  provision  in  policy 
of  mortgagor  against  other  or  ad- 
ditional insurance.  1917  A,  6O7. 

Property  contemplated  by  provision 
against  taking  out  "additional  in- 
surance;" "other  .  insurance;" 
"double  insurance."  1917E,  753. 

Waiver  of  provision  against  other  insurance. 
1916B,  1189. 

Parol  evidence  of  assent  of  company  to  ad- 
ditional insurance  forbidden  by  the. pol- 
icy. 1917D,  868. 

Insurance  by  mortgagee  as  violation  of 
provision  in  policy  taken  out  by  mort- 
gagor against  other  insurance.  1917A, 
604. 

Insurance  upon  contents  of  barn  as  with- 
in provision  policy  on  the  barn  against 
other  insurance.  1917E,  750. 

—  severability. 

Question  whether  policy  is  a  specific  policy 
on  each  of  several  pieces  of  property 
covered  or  a  blanket  policy.  1915B, 
509. 

Effect  of  breach  of  iron-safe  clause  in  policy 
covering  stock  of  merchandise  and  other 
property  and  building  containing  them. 
1915C,  619. 

Policy  insuring  for  single  premium  specified 
sums  on  barns,  furniture,  products,  live 
stock,  etc.;  effect  on  insurance  on  per- 
sonalty of  breach  of  condition  as  to 
realty.  1915D,  736. 

Warranties,  representations,  and  con- 
ditions in  life  or  accident  policies. 

—  in  general. 

Annotations. 

Statements    respecting    family    history. 

1917C,  866. 
Misstatement  as  to  income  of  insured. 

1917C,     34:4:. 

Statute  avoiding  policy  for  misrepresenta- 
tions which  increased  the  risk.  1917E, 
554. 

Sufficiency  of  evidence  as  to  falsity  of 
answers.  1917C,  338. 

Statement  of  income  of  insured  as  a  war- 
ranty. 1917C,  338. 

Stipulation  as  to  autopsy.     1915D,  1199. 

—  health  and  habits. 

Annotation. 

Hernia  as  breach  of  condition  or  war- 
ranty as  to  health  or  bodily  con- 
dition. 1917B,  747. 

Question  for  jury  as  to  good  faith  of  appli- 
cant in  asserting  freedom  from  disease. 
1915A,  273. 


Existence  of  unknown  conditions  tending  to 
shorten  the  life  of  the  applicant. 
1917C,  350. 

Existence  of  slight  cold  at  time  when  certifi- 
cate is  delivered.  1916F,  166. 

Duty  of  applicant  who  has  answered  no  to 
inquiry  about  disease  to  notify  insurer 
in  case  trouble  develops  subsequently 
before  policy  is  issued.  1915C,  153. 

Existence  of  hernia  as  breach  of  warranty 
as  to  health.  1917B,  744. 

Habits.     1916F,  1026. 

—  occupation. 

Waiver  of  provisions  as  to.  1916F,  751; 
1917 A,  1062;  1917C,  914. 

Representation  by  professional  gambler 
that  he  is  a  capitalist.  1916F,  1026. 

Provision  against  engaging  in  liquor  busi- 
ness. 1917C,  914. 

—  other   insurance;   previous   applica- 

tions. 

Annotation. 

Misrepresentation  as  to  previous  rejec- 
tion as  increasing  risk.  1917E, 
558. 

Provision  for  automatic  reduction  in  case 
additional  insurance  of  the  same  kind 
is  taken.  1917B,  319. 

False  denial  of  rejection  by  other  company. 
1917E,  554. 

Failure  to  declare  receipt  of  indemnity  for 
injury  to  knee  as  a  misrepresentation 
preventing  recovery  for  death  by  fall 
from  ship  at  sea.  1915E,  980. 

—  family  history. 

Annotation. 

Statements  respecting  family  history. 
1917C,  866. 

False  statement  as  to  cause  of  death  of  ap- 
plicant's ancestors.  1917C,  858. 

Statement  as  to  health  and  cause  of  death 
of  relatives  of  insured.  1917C,  858. 

Statement  as  to  health  of  insured's  rela- 
tives. 1917C,  858. 

—  incontestability. 

Annotation. 

Validity  and  application  of  incontest- 
able clause  in  case  of  fraud. 
1917E,  338. 

Date  from  which  period  after  which  insur- 
ance policy  is  incontestable  is  to  be 
computed.  1917B,  103. 

Provision  for  incontestability  after  one  year 
except  in  case  of  failure  to  pay  pre- 
miums. 1917B,  208. 

Effect  of  incontestable  clause  on  defense  of 
fraud.  1917E,  333. 

Effect  of  statute  making  policies  incontest- 
able after  specified  time  on  right  of 
parties  to  contract  for  a  shorter  time. 
1917E,  333. 


232 


INSURANCE. 


Forfeiture. 

—  in  general. 

Forfeiture  for  breach  of  warranty,  see 
supra. 

Construing  policy  so  as  to  sustain  rather 
than  to  forfeit  it.  1917B,  208. 

Effect  of  wrongful  declaration  of  forfeiture 
and  refusal  to  accept  further  premiums 
1915F,  1056. 

Forfeiture  by  sale  of  goods  insured  by  fire 
without  notice  to  the  insurance  com- 
pany. 1917A,  1078. 

Forfeiture  by  failure  to  give  notice  and  fur- 
nish proofs  of  loss  within  stipulated 
time.  1915F,  1210. 

Forfeiture  by  removal  of  member  from  speci- 
fied section  of  country.  1915F,  1056. 

—  for  nonpayment  of  premiums  or  as- 

sessments. 

Annotations. 

Grace  for  payment  of  premium  after 
maturity  of  premium  note.  1917C, 
921. 

Effect  of  failure  to  pay  periodical  pre- 
mium on  policy  of  life  insurance  to 
terminate  the  same  in  the  absence 
of  a  provision  for  forfeiture. 
1917B,  214:. 

Waiver  or  estoppel  as  to.  1917B,  897; 
1917D,  1198. 

Failure  of  employer  of  one  insured  by  em- 
ployee's accident  policy  who  has  unpaid 
wages  of  the  insured  in  his  hands,  to 
pay  premiums.  1916A,  475. 

Death  of  insured  on  day  on  which  premium 
was  due  and  before  its  payment.  1917B, 
103. 

Default  in  payment  of  one  annual  premium 
due  under  indivisible  contract;  pro- 
vision that  upon  payment  of  policy 
company  may  deduct  any  sums  due. 
1917B,  208. 

Premium  note ;  days  of  grace  after  maturity 
of.  1917C,  917. 

Lapse,  for  nonpayment  of  premiums,  of 
policy  taken  by  mortgagor  on  his  life 
as  additional  security.  1917D,  551. 

Recovery  of  premiums  or  assessments  paid. 
1917A,  475. 

Reinstatement. 

Annotation. 

Waiver  of  conditions  of  reinstatement 

of     member     of     benefit     society. 

1917C,  260. 

Condition  tl.at  local  lodge  of  benefit  society 
shall  be  agent  of  assured  in  reinstating 
suspended  member.  1915E,  152. 

Irregular  marks  in  blank  left  for  exceptions 
in  application  for  reinstatement. 
1917C,  350. 

Provision  that  in  case  of  lapse  of  policy 
there  shall  be  no  liability  for  death 
from  any  cause  for  five  weeks  after  re- 
instatement. 1916E,  875. 


Allowing  reinstatement  only  if  applicant  i» 

in  good  health.    1915E,  152. 
Sufficiency  of  compliance  with  requirement 

of  certificate  as  to  health.     1917C,  256. 
Waiver  of  conditions  as  to  health.     1917B, 

897;   1917C,  256. 

Premiums  and  assessments. 

Forfeiture  for  nonpayment,  see  supra. 
Demand,   acceptance,   and  retention   of,   as 
waiver,  see  infra. 

Annotations.  t 

When  mortgagor  excused  from  non- 
compliance  n-itli  his  undertaking  to- 
pay  insurance  premiums.  1917D, 
555. 

Liability  of  mortgagee  under  mortgage 
clause  for  insurance  premium. 
1917F,  379. 

Illegality  of  policy  for  lack  of  insur- 
able  interest  as  affecting  right  to- 
recover  bach  premiums  paid. 
1917A,  477. 

Grace  for  payment  of  premium  tffter 
maturity  of  premium  note.  1917C, 
921. 

Exempting  farmers'  mutual  insurance  Com- 
panies from  statute  regulating  insur- 
ance rates.  1915C,  1189. 

State  taxation  of  amounts  due  foreign  in- 
surance company 'by  state  policy  hold- 
ers for  premiums.  1915C,  903. 

Conclusivenes  of  decree  of  other  state  as  to- 
validity.  1916A,  765,  771. 

Condition  that  local  lodge  shall  be  agents 
of  insured  in  collecting  and  transmit- 
ting assessments.  1915E,  152. 

Liability  of  mortgagee  for  insurance  pre- 
miums. 1917F,  375. 

Fixing  higher  rate  for  persons  over  certain^ 
age.  1916A,  750. 

Right  to  increase  rates.  1916A,  750,  771; 
1916C, 1051;  1916F,  919. 

Acceptance  of  check  or  draft.     1916A,  669. 

Premium  notes.    1915A,  686. 

Mutual  benefit  assessments.  1915E,  152; 
1916A,  750,  771;  1916C,  1051;  1916F,. 
919. 

Return  of  unearned  premium.  1916A,  750; 
1916F,  440. 

Transfer  of  policy  or  of  interest 
therein. 

—  assignment  generally. 

Annotation. 

Effect  of  consent  after  loss  to  assign- 
ment of  fire  insurance  policy. 
1917F,  104:2. 

Presumption  as  to  delivery  of  policy  to  as- 
signee thereof.  1916F,  783. 

Jurisdiction  to  reform  assignment  of  policy. 
1917B,  385 

Validity  of  assignment.  1916A,  868;  1917D, 
1049. 

Who  may  question  validity  of  assignment^ 
1916D,  395. 


INSURANCE. 


233 


Waiver  of  provision  forbidding  assignment 
of  policy.  1917D,  1049. 

Right  of  owner  of  policy  who  has  parted 
with  title  to  premises  to  assign  policy, 
after  loss,  to  purchaser.  1917D,  307. 

Right  of  assignee  of  policy  where  beneficiary 
murders  the  insured.  1917B,  1210. 

Effect  of  assignment  to  devest  insured  of 
title  and  vest  beneficial  interest  in  as- 
signee. 1916F,  783. 

Effect  of  death  of  assignee  to  restore  title 
to  insured.  1916F,  783. 

—  change  of  beneficiary. 

Right  of  action  against  third  person  who 
maliciously  induces  change  of  benefici- 
ary. 1916C,  1134. 

Change  of  beneficiary  as  breach  of  antenup- 
tial contract  to  take  out  insurance  in 
favor  of  wife.  1916C,  1130. 

Trust  in  proceeds  of  benefit  certificate  in 
favor  of  original  beneficiary  after 
change.  1916C,  1130. 

Estoppel  of  insurer  to  deny  validity  of 
change.  1917F,  398. 

Necessity  of  consent  of  insurer  to  change. 
1915A,  109. 

Failure  to  comply  with  conditions;  effect  of 
ignorance  of  insured.  1916A,  868. 

Determining  contest  on  equitable  considera- 
tions in  case  of  failure  to  comply  with 
e::act  terms  of  contract  as  to  change  of 
beneficiary.  1916E,  588. 

Waiver  of  provisions  as  to  change  of  bene- 
ficiaries. 1915A,  580. 

Right  to  change  beneficiary  without  consent 
of  the  beneficiary.  191 7F,  631. 

Change  of  beneficiary  by  will.  1915 A,  109; 
1917F,  398. 

Effect  of  forwarding  order  for  change  where 
insured  dies  before  change  is  actually 
effected.  1915A,  580. 

Waiver  or  estoppel  of  insured  or 
beneficiary. 

Change  of  position  by  insurer  entitling  it 
to  claim  estoppel.  1915A,  872. 

Estoppel  of  beneficiary  of  insured  who  has 
surrendered  his  rights  to  recover  as  ad- 
ministrator of  the  insured.  191 5A,  872. 
'Estoppel  of  beneficiary  to  contest  surrender 
of  policy  by  insured  while  insane. 
1915A,  872. 

Waiver  or  estoppel  of  insurer. 

—  in  general. 

Question  for  jury  as  to.     1915D,  187. 

Necessity  of  pleading  and  proving  waiver. 
1917F,  663. 

Admissibility  of  evidence  as  to.  1917E, 
983. 

Parol  evidence  of  assent  of  company  to  addi- 
tional insurance  forbidden  by  the  pol- 
icy. 1917D,  868. 

Waiver  of  right  to  forfeit  policy  for  failure 
to  pay  premiums  at  expirations  of  days 
of  grace.  1916A,  669. 

Waiver  of  provisions  as  to  change  of  bene- 
ficiaries. 1915A,  580. 

Estoppel  to  deny  validity  of  change  of  bene-  [ 
ficiary.  1917  F,  398. 


Waiver  of  conditions  for  reinstatement  of 
insured.  1917B,  897;  1917C,  256. 

Waiver  of  provision  against  other  insurance 
1916B,  1189. 

To  set  up  nonpayment  of  premiums  in  de- 
fense of  liability  on  policy.  1917B, 
897;  1917D,  1198. 

Necessity  of  allegation  of  waiver  in  plead- 
ing. 1917A,  1078. 

Waiver  of  nonwaiver  agreement.  1917D 
1091. 

Knowledge  or  notice.  1915F,  759;  1916A, 
979;  1916B,  901;  1917D,  1174;  1917E, 
983;  1917F,  663. 

Estoppel  or  waiver  as  affected  by  power  of 
agent.  1916B,  1189;  191 6C,  779; 
191 6F,  1026;  1917D,  1049,  1198;  1917F, 
663. 

Mistake,  negligence  or  fraud  of  agent. 
1915A,  273;  1915D,  766. 

—  acts  constituting  waiver  or  estop- 
pel. 

Annotation. 

Furnishing  blanTcs  for  proofs  of  loss  or 
claim  as  a  waiver  of  breaches  of 
condition  or  forfeiture.  19 17  A, 
1065. 

Waiver  of  provision  for  arbitration  by  fail- 
ure to  demand  it  before  suit  is  begun. 
1916F,  1043. 

Recognizing  policy  and  inducing  insured  to- 
incur  trouble  or  expense  in  belief  that 
policy  is  valid.  1917D,  1091. 

Misleading  conduct.  1915B,  793;  1917F, 
398. 

Issuing  and  delivering  policy.  1916B,  1252; 
1916F,  166. 

Furnishing  blanks  for  making  proofs  of 
loss.  1917A,  1062. 

Requiring  notice  or  proofs  of  loss.  1917F, 
663. 

Sending  agent  to  investigate  loss.  1917F, 
663. 

Receipt,  demand,  or  retention  of  premium 
or  assessment.  1915B,  793;  191 6A, 
551;  1916B,  901;  1016F,  100,  751; 
1917A,  1062;  1917B,  897;  1917C,  256, 
914;  1917F,  663. 

Denial  of  liability.  1915D,  1199;  1916F, 
438;  1917A,  299. 

The  loss  generally. 

Duty  of  insured  to  use  all  reasonable  means 
to  save  property  from  impending  loss. 
1917D,  1091. 

Notice  and  proofs  of  loss;  arbitration; 
inspection. 

Annotations. 

Insanity  or  sickness  of  insured  as  ex- 
cuse for  failure  to  give  notice  or 
furnish  proofs  of  loss  as  required 
by  policy  of  fire  insurance.  19 17 A, 
SOS. 

Time  \vithin  ivhich  demand  for  arbitra- 
tion, appraisal,  inspection,  or  re- 
inspection  must  be  made.  19 17 A , 
1OS6. 


234 


INSURANCE. 


Furnishing  blanks  for  proofs  of  loss  or 
claim  as  a  waiver  of  breaches  of 
condition  or  forfeiture.  19 17  A, 
1O65. 

Waiver  or  estoppel  by  requiring,  or  furnish- 
ing blanks  for  making,  proofs  of  loss. 
1917 A,  1062;  1917F,  663. 

Forfeiture  by  failure  to  give  notice  and  fur- 
nish proofs  of  loss  within  stipulated 
time.  1915F,  1210. 

Waiver  of  notice  or  proofs  of  loss.  1915D, 
187,  1199;  1916F,  438;  1917F,  663. 

Requiring  certain  time  after  proofs  of  loss 
before  payment.  1915F,  1210. 

Excuse  for  failure  to  furnish  proofs  of  loss. 
1917A,  299. 

Waiver  of  provision  for  arbitration  by  fail- 
ure to  demand  it  before  suit  is  begun. 
1916F,  1043. 

Waiver  by  insurer  of  right  to  demand  ap- 
praisement or  inspection.  1917A,  1078. 

Time  to  demand  appraisement  and  inspec- 
tion of  insured  goods  injured  by  fire. 
1917A,  1078. 

Disparity  between  value'  placed  on  property 
in  proofs  of  loss  and  its  actual  value. 
1917E,  983. 

Evidence  of  reputation  of  insured  where  de- 
fense of  fraudulent  overvaluation  of 
property  is  set  up.  1915C,  1179. 

Risks  and  causes  of  loss,  injury,  or 
death. 

—  under  policies  covering  property. 

Annotation. 

Fall  of  building  clause  in  fire  insur- 
ance policies.  1917F,  1O64. 

Burden  of  proof  as  to.     1917F,  1061. 
Stipulation  in  policy  against  liability  for 

fall  of  building  except  as  result  of  fire. 

1917F,  1061. 
Condition  against  liability  for  loss  by  high 

water  or  overflow.    1915B,  1094. 
Loss  by  theft  of  goods  stolen  while  insured 

was    removing    them    from    threatened 

destruction  by  fire.     1917D,  1091. 
Explosion.     1917C,  487. 
Lightning.  1917F,  1061. 

—  under  life  policies. 

Annotations. 

Provision  agai:i^t  liability  in  event  of 
death  or  injury  in  consequence  of 
violation  of  law,  as  applied  to  death 
or  injury  resulting  front  a  personal 
encounter.  1917C,  199. 

Murder  of  insured  by  beneficiary  as  af- 
fecting right  to  proceeds  of  policy. 
1917B,  671. 

Death  from  asphyxiation.  1917D, 
74O. 

Sufficiency  of  evidence  as  to  cause  of  death. 
1917C,  195. 

Condition  against  liability  for  death  result- 
ing from  violation  of  law;  death  while 
engaged  in  assault.  1917C,  195. 


Murder  of  insured.     1917B,  670,  1210. 

Asphyxiation  by  accidentally  breathing  il- 
luminating gas.  1917D,  738. 

Provision  against  liability  for  death  caused 
by  cv°'ninal  act  or  improper  conduct  of 
insured.  1917E,  311. 

Poisoning  by  anesthetic  employed  in  per- 
forming operation  after  accident. 
1916E,  1203. 

Suicide.    1915D,  1095;  1915F,  703,  707. 

—  under  accident  or  health  policies. 

Annotations. 

Liability  on  accident  policy  for  sick- 
ness or  death  caused  by  blood  poi- 
soning. 1917  A,  1056. 

Death  from  asphyxiation.  1917D, 
74O. 

Waiver  of  privilege  as  to  evidence  in  regard 
to.  1916A,  475,  519. 

Presumption  and  burdiT  -of  proof  as  to  cause 
of  death  of  insured.  1915D,  358. 

Sufficiency  of  proof  of  cause  of  death. 
1916E,  952. 

Evidence  of  declarations  of  suicidal  intent. 
1916B,  816.' 

Stipulation  in  policy  for  autopsy.  1915P, 
1199. 

Who  is  common  carrier  within  meaning  of 
policy  insuring  against  injury  while  in 
common  carrier's  conveyance.  1915C, 
456. 

Effect  of  existence  of  disease  on  right  to 
recover.  1915E,  780. 

What  is  a  bodily  injury  accidentally  inflict- 
ed within  meaning  of  employer's  liabil- 
ity insurance.  1916D,  1027. 

Chance  contact  with  poison  ivy  as  within 
condition  against  liability  for  death 
from  poison  taken  or  administered  acci- 
dentally or  otherwise.  1915A,  314. 

Death  from  meningitis  resulting  from  snuff- 
ing nasal  douche  as  accident.  1915B, 
872. 

Dilation  of  heart  following  voluntary  tak- 
ing of  cold  bath.  1916B,  1018. 

Dilation  of  heart  due  to  overexertion. 
1916E,  1196. 

Sunstroke.     1916E,  945,  952. 

Rupture  through  fall.  1916B,  617;  1916E, 
1203. 

Bursting  of  stitches  closing  wound  made  by 
operation.  1915E,  955. 

Loss  of  sight  because  of  blood  clot  on  retina 
due  to  sudden  intentional  movement  of 
hand.  1916D,  536. 

Intentional  injuries.  1915A,  538;  1915D, 
358;  1915E,  695;  1916D,  536. 

External,  violent,  and  accidental  means. 
1915B,  872;  1915E,  695;  1916B,  617, 
1018;  1916D,  1176;  1916E,  945,  1196. 

Increased  hazard;  voluntary  exposure. 
1915D,  312;  1915E,  127. 

Injury  received  while  insane.     1915E,  656. 

Suicide  while  insane.     1915E,  656. 

Blood  poisoning.  1915A,  314;  1916A,  475; 
1916E,  1203;  1917A,  1050;  1017F,  481. 

Insurance  against  loss  from  illness.  1917D, 
738. 


INSURANCE. 


235 


Extent  of  injury  or  loss;  of  recovery. 

—  insurance  on  property. 

Annotation. 

Insurance  against  loss  of  profits. 
1917C,  726. 

Validity  of  provision  against  liability  for 
loss  beyond  actual  value  destroyed  by 
fire  notwithstanding  ordinance  regulat- 
ing repair  of  building.  1915E,  618. 

Valuation  of  property.     1915E,  489. 

Validity  of  valued  policy  law.     1915E,  618. 

Classifying  furniture  sold  conditionally  and 
put  in  use  by  vendee  as  household 
furniture  within  meaning  of  valued 
policy  law.  1917B,  253. 

In  case  of  insurance  against  loss  of  profits. 
1917C,  722. 

In  case  of  insurance  against  loss  of  rent  re- 
sulting from  injury  to  building  by  fire. 
1916F,  693. 

Total  loss  of  building.     1915E,  618. 

Total  loss  of  vessel  or  cargo.     1916F,  1168. 

—  insurance  on  persons. 

Extent  of  recovery  under  employer's  liabil- 
ity insurance  policy,  see  infra. 

Annotation. 

What      constitutes      disability      within 

meaning     of     accident     or     health 

policy.     1917B,  108. 

Rights  of  insured  on  insolvencv  of  com- 
pany. 1917E,  1139. 

Application  of  by-law  increasing  amount  re- 
coverable to  death  from  accident  occur- 
ring before  adoption  of  by-law.  1915A, 
314. 

Classification  of  risks;  estoppel  as  to. 
1917D,  1174. 

Provision  for  payment  of  increased  sum  in 
case  of  death  effected  exclusively  by 
external,  violent,  or  accidental  means. 
3915E,  695. 

Double  indemnity  in  case  of  injury  by  acci- 
dental, violent,  or  accidental  means 
while  in  or  on  a  public  carrier  convey- 
ance. 1916D,  1176. 

Reduction  of  recovery  where  insured  sub- 
jects himself  to  increased  hazard. 
1915D.  312. 

Deducting  from  recovery  dues  which  accrued 
and  were  tendered  and  rejected  after  at- 
tempted suspension  of  member.  1915F, 
1056. 

Provision  in  accident  policy  for  automatic 
reduction  in  case  additional  insurance 
of  the  same  kind  is  taken.  1917B, 
319. 

Provision  for  reduction  of  indemnity  in  case 
of  injury  of  which  there  are  no  visible 
marks  upon  the  exterior  of  the  body. 
1917D,  1174. 

Recovery  of  full  r.mount  of  accident  policy 
in  case  of  death  from  blood  poisoning 
resulting  from  infection  of  a  wound. 
19]  7A.  1050. 

Total  disability.     1917B,  107;   1917C,  910. 

Loss  of  hand.    191 5D,  264. 


"Confinement  to  house"  within  meaning  of 
health  insurance  policy.  1917B,  744. 

Interest  in  proceeds. 

—  of  property  insurance. 

Annotations. 

Right  of  mortgagee  who  by  mistatee  is 
insured  as  owner  or  in  owner's 
name,  or  vice  versa.  1917C,  HO. 

Pledge  or  assignment  by  mortgagee  of 
his  interest  in  the  mortgage  debt  or 
property  as  affecting  his  right 
against  insurer.  1917E,  33O. 

Rights  of  owner  of  property  in  storage 
warehouse  insured  for  his  benefit. 
1917D,  847. 

Mortgagee.     1915C,  758:  1917C,  106. 

—  of  insurance  on  persons. 

As  to  change  of  beneficiary,  see  supra. 

Annotation. 

Statutory  exemption  of  proceeds  or 
avails  of  life  insurance  as  inur- 
ing to  benefit  of  estate  ivJiere  policy 
is  payable  to  executors  or  admin- 
istrators or  estate.  1917F,  1143. 

Bill  of  interpleader  by  insurance  company 
to  determine  conflicting  claims.  1916D, 
1168. 

Sufficiency  of  proof  as  to.    191 5B,  728. 

Question  whether  proceeds  of  policy  are 
community  property  or  the  separate 
property  of  the  estate  of  the  assured. 
1917F,  1137. 

Life  insurance  as  assets  of  decedent's  es- 
tate. 1917F,  1137. 

Right  of  beneficiary  of  benefit  certificate  to 
raise  question  of  mental  competency  of 
insured  when  he  attempted  to  surrender 
his  certificate.  1917F,  631. 

Effect  of  facility  of  payment  clause  in  pol- 
icy. V1916F,  457. 

Vested  interest  of  beneficiary  in  insurance. 
1915A,  264,  872;  1915D,  130. 

Right  of  beneficiary  to  personal  judgment 
for  amount  provided  by  benefit  certifi- 
cate for  erection  of  monument.  1916F, 
166. 

Exemption  of  proceeds  of  insurance.  191 5A, 
1201;  1917C,  353;  1917F,  1137. 

Right  of  creditors  of  insolvent  to  follow 
proceeds  of  insurance  on  which  they 
have  a  lien  into  homestead  property 
purchased  by  them.  191 7B,  130'. 

Joint  tenancy  in  proceeds  of  policy  on  lives 
of  husband  and  wife  payable  to  sur- 
vivor. 1917B,  1210. 

Trusts  in  favor  of  estate  of  insured  where 
beneficiary  has  forfeited  his  rights. 
1917B,  1210. 

Right  of  sole  heir  of  insurer  to  recover 
where  beneficiary  has  forfeited  his 
rights.  191 7B,  670. 

Rights  of  heirs;  effect  of  change  of  by- 
law. 1915A,  264. 

Rights  of  wife  generally.     3  315 A,  264. 


236 


INSURANCE. 


Effect  of  divorce.  1915B,  749;  1915D,  130; 
1916D,  1168. 

Defenses;  release. 

Annotation. 

Date  from  which  the  period  to  which  a 
defense  is  limited  in  life  insurance 
policy  is  to  be  computed.  1917B, 
1O5. 

Date  from  which  period  to  which  a  defense 
is  limited  is  to  be  computed.  1915F, 
703,  707;  1917B,  103. 

Right-  to  jury  trial  on  question  of  validity 
of  insurance  policy  in  action  by  mort- 
gagee under  mortgage  clause.  1916A, 
784. 

Effect  of  failure  of  mortgagor  to  notify 
insurer  of  policy  taken  by  mortgagee 
to  avoid  policy  taken  by  mortgagor 
which  provided  for  forfeiture  in  case  of 
additional  insurance  without  consent  of 
insurer.  1917A,  604. 

Effect  of  murder  of  insured  by  beneficiary 
to  absolve  company  from  liability  to 
others.  1917B,  670. 

Subrogation. 

Subrogation  of  insurer  to  rights  of  insured 
against  wrongdoer  whose  negligence 
caused  the  injury.  1917C,  487. 

Effect  of  settlement  by  insured  with  one 
responsible  for  loss  to  defeat  insurer's 
right  of  subrogation.  1916A,  1280. 

Liability  of  insured  who  defeats  subrogation 
by  settling  with  person  responsible  for 
loss.  1916A,  1280. 

Independent  action  by  insurer  against  per- 
son responsible  for  loss  where  the  same 
negligent  act  causes  another  injury  to 
the  same  property  not  covered  by  the 
insurance.  1917C,  487. 

Subrogation  of  insurance  company  issuing 
policy  to  borrower  of  money  secured 
by  trust  deed  on  insured  property,  to 
rights  of  creditor  upon  payment  of  his 
claim.  1917D,  868. 

Subrogation  to  rights  of  mortgagee.  1916A, 
556,  784. 

Right  of  insured  as  against  insurer  subro- 
gated  to  rights  of  mortgagee,  to  a  credit 
for  the  pro  rata  share  which  the  in- 
surance company  would  have  been 
obliged  to  pay  to  the  insured  on  ad- 
justment of  the  loss  between  the  com- 
pany and  other  companies  who  had 
written  insurance  on  the  property,  if 
there  had  been  no  mortgage  clause. 
1917D,  871. 

Apportionment  or  contribution. 

Severability,  see  supra. 

Annotation. 

Provision  in  accident  policy  for  prorat- 
ing in  case  of  other  insurance. 
1917 B,  323. 

Repugnancy  of  provision  for  apportionment, 
and  other  provisions  of  policy.  1917B, 
319. 


I  Validity  of  provision  in  accident  policy  for 
automatic  reduction  in  case  additional 
insurance  of  the  same  kind  is  taken. 
1917B,  319. 

Construction  of  provision  for  apportion- 
ment in  case  policyholder  shall  carry- 
any  other  insurance  of  which  he  ha* 
not  notified  insurer.  1917B,  319. 

Right  of  insured  as  against  insurer  subro- 
gated  to  rights  of  mortgagee,  to  a  credit 
for  the  pro  rata  share  which  the  insur- 
ance company  would  have  been  obliged 
to  pay  to  the  insured  on  adjustment 
of  the  loss  between  the  company  and 
other  companies  who  had  written  in- 
surance on  the  property,  if  there  had 
been  no  mortgage  clause.  1917D,  871. 

Distributing  loss  upon  two  parts  of  building 
under  one  roof  between  policy  covering 
both  parts  for  gross  sum  and  policy 
specifically  liable  on  each  part.  1915B", 
509. 

Provision  in  policy  covering  building  and 
personal  property  therein  against  lia- 
bility for  greater  proportion  of  any  lose 
than  the  amount  insured  thereby  shall 
bear  to  the  entire  insurance.  1916F, 
992. 

Actions,  enforcing  payment. 

Defenses,  see  supra. 

Annotation. 

Service  by  publication  to  give  jurisdic- 
tion of  issues  between  nonresi- 
dent and  resident  claimants  to- 
benefits  under  an  insurance  policy. 
1917B,  393. 

Reformation  of  insurance  policy  and  en- 
forcement thereof  in  one  action.  1915D,. 
766;  1917F,  663. 

Prematurity  of  suit.     1915F,  1210. 

Condition  precedent  to  action  on  insurance- 
policy.  1915D,  766;  1917E,  983. 

Bringing  suit  on  policy  by  motion;  suffi- 
ciency of  notice.  1917D,  1049. 

Jurisdiction  of  equity  of  suit  on  policy. 
1915A,  872. 

Pleading.  1917A,  1078;  1917E,  983;  1917F,. 
663. 

Exhibit  with  pleadings.     1917B.  208. 

Treating  unnecessary  reply  as  part  of  peti- 
tion. 1915B,  793. 

Admissions  in  pleading  in  action  on  policy. 
191 5 A,  872. 

Question  for  jury.  1915A,  273,  538;  1915D, 
187;  1917  A,  1078: 

Right  to  jury  trial  on  question  of  validity 
of  insurance  policy  in  action  by  mort- 
al iri'c  under  mortgage  clause.  1916A, 
784. 

Presumption  and  burden  of  proof.  1915B, 
756;  1915D,  358;  1916E,  1203;  1916F, 
783:  1917A,  299;  1917F,  663,  1061. 

Admissibility  of  evidence  generally.  1917E, 
983. 

Evidence  of  declaration  of  insured.  1916B,. 
816. 

Waiver  as  to  privileged  communications. 
1916A,  475,  519. 


INSURANCE ;  INSURRECTION. 


237 


[Evidence  as  to  reputation  of  insured.  1915C, 
1179. 

Evidence  in  rebuttal  in  action  on  policy. 
1916A,  475. 

Parol  evidence.  191 5A,  273;  1915C,  619; 
1915D,  7G6;  1917D,  868. 

Opinion  evidence  as  to  value  of  property. 
1915C,  117-9. 

Sufficiency  of  evidence.  1915B,  728;  1916E, 
952;* 1017C,  338. 

Right  of  husband  acting  as  his  wife's  agent 
in  insuring  property  to  testify  in  re- 
gard thereto.  1917F,  663. 

Time  for  appeal  by  insurance  company. 
1917C,  1029. 

Review  of  findings  on  appeal:  1915C,  1179; 
1016A,  669. 

Prejudicial  error.     1917E,  983. 

Direction  of  verdict.     1917E,  983. 

Deducting  from  recovery  dues  which  accrued 
and  were  tendered  and  rejected  after  at- 
tempted suspension  of  member.  1915F, 
1056. 

Validity  of  stipulation  against  recovery  of 
interest  in  case  of  action  to  enforce  con- 
tract. 1916A,  551. 

Allowance  of  attorneys'  fees  as  costs. 
1916A,  784,  519. 

Recovery  in  action  on  policy  of  statutory 
penalty  and  attorneys'  fees  for  nonpay- 
ment. 1916B,  1252. 

Guaranty  insurance. 

Bonds  for  fidelity  of  employees,  see  BONDS. 
As  to  workmen's  compensation,  see  WORK- 
MEN'S COMPENSATION. 

Annotations. 

Right  of  insured  tinder  policy  indem- 
tiifying  against  liability  for  dam- 
ages or  injury,  to  settle  the  part  of 
a  claim  in  excess  of  insurer's  lia- 
bility.  1917D,  957. 

Automobile  liability  insurance.  1917F, 
615. 

Insurance  against  liability  of  automobile 
owner  for  injury  to  person  or  property. 
1917F,  612. 

Requiring  securing  of  insurance  for  protec- 
tion of  persons  or  property  as  condi- 
tion to  issuance  of  license  for  operation 
of  jitney.  1915F,  850. 

Undertaking  to  furnish  materials  for  voting 
contest  and  guarantee  results  as  a  con- 
tract of  commercial  insurance.  1917D, 
485. 

Garnishment  of  proceeds  of  indemnity  in- 
surance policy.  191 6E,  597;  1917C, 
1061;  1917F,  924. 

Right  to  deprive  assured  of  the  right  to 
settle  at  his  own  cost  the  portion  of  a 
claim  in  excess  of  the  policy.  1917D, 
952. 

Examination  of  jurors  in  action  in  which  de- 
fendant is  indemnified  by  employers' 
casualty  company.  1915A,  153. 

Estoppel  to  deny  liability  on  employers'  in- 
demnity policy.  1916D,  395. 


!  Effect  of  delay  of  insurer  against  employer's 
liability  to  take  action  or  give  advice 
"••.  ith  respect  to  accident  to  employee  on 
liability  for  amount  paid  by  insured  in 
settlement  of  his  claim.  191 5F,  958. 

Liability  of  insurer  against  employer's  lia- 
bility for  expenses  of  successful  appeal 
from  judgment  against  insured.  1915A, 
629. 

Liability  of  insurer  against  employer's  lia- 
bility for  accrued  c  ts  and  interer^  ac- 
cruing after  entr^  of  judgment.  1016E, 
f97. 

Effect  of  payment  or  assumption  by  third 
person  of  liability  for  an  injury  as  a 
loss  within  meaning  of  employer's  lia- 
bility insurance  policy.  191 6F,  876. 

Effect  of  insolvency  of  employer  so  that 
judgment  against  him  cannot  be  col- 
lected on  reecovery  on  employer's  liabil- 
ity insurance  policy.  1916E,  597. 

Effect  of  one  insuring  against  liability  of 
employer  for  injuries  to  employees  un- 
dertaking defense  of  action  against  em- 
ployer. 1916D,  395;  1916E,  597. 

Employer's  liability  insurance  as  covering 
claim  for  malpractice  of  physician  fur- 
nished by  employer  to  treat  injured  em- 
ployee. 1915C,  155. 

What  is  a  bodily  injury  accidentally  in- 
flicted within  meaning  of  employers'  lia- 
bility insurance.  1916D,  1027. 

What  constitutes  satisfaction  of  judgment 
•within  meaning  of  employers'  liability 
insurance  policy.  1916D,  395. 

Who  may  question  the  validity  of  assign- 
ment of  employers'  liability  policy. 
1916D,  395. 

Insurance  against  robbery  or  theft. 

Annotations. 

Insurance     against    loss     by     robbery. 

1917D,   687. 
Automobile    insurance    against    theft, 

robbery,     and    pilferage.       1917F, 

543. 

Sufficiency  of  proof  in  action  on  policy 
against  loss  by  theft.  101 5D,  615. 

What  constitutes  loss  "by  robbery,  by  force 
and  violence."  1917D,  684. 

Right  of  recovery  under  policy  insuring 
against  loss  of  or  damage  to  automo- 
bile by  theft.  1915B,  327;  1915E,  575; 
1917F,  540. 

Extent  of  recovery  on  policy  insuring 
against  theft  of  automobile.  1915E, 
575. 


INSURRECTION. 

Calling  out  militia  to  suppress,  see  MILITIA. 

Habeas  corpus  to  release  from  imprisonment 
one  charged  with  aiding.  191 5B,  988. 

Review  by  court  of  governor's  action  in  case 
of.  1915B,  988. 


238 


INTENT— INTEREST. 


INTENT. 

Presumption  and  burden  of  proof  as  to,  see 
EVIDENCE. 

Parol  evidence  as  to,  see  EVIDENCE. 

Opinion  evidence  as  to,  see  EVIDENCE. 

Relevancy  of  evidence  as  to,  generally,  see 
EVIDENCE. 

Of  person  making  false  representation,  see 
FRAUD  AND  DECEIT. 

Allegation  of,  in  indictment,  see  INDICT- 
MENT, ETC. 

Question  for  jury  as  to,  see  TRIAL. 

Of  testator,  see  WILLS. 

Annotation. 

Knowledge  or  intent  as  element  of  the 
offense  of  using  or  giving  false 
weight  or  measure.  1917D,  1129. 

Sufficiency  of  proof  of.     1916A,  862. 
Correctness   of    instruction   as  to.     1917D, 

944. 
Effect  of  good  intent  on  liability  of  breach 

for  the  peace.    1916B,  1117. 
As  e'ement  of  crime  generally.    1916E,  492; 

1917B,  1260;   1917D,  944;   1917F,  469, 

540. 
As  necessary  ingredient  of  larceny.     1917F, 

540. 
Construing  contract  according  to  intent  of 

parties.    1916F,  1228;  1917D,  1115. 
Of     legislature     in     passage     of     statute. 

1915C,  898;   1916E,  602;   1917A,  1116; 

1917C,  897. 
Of  one  uttering  slanderous  words.     1917D, 

199. 

To  change  domicil.     1917E,  490. 
Effect  of,  in  determining  whether  machinery 

is  a  fixture.     1916F,  1275. 


INTENTIONAL  INJURIES. 

To    insured.       1915A,     538;     1915D,    358; 
1915E,  695;  1916D,  536. 


INTEREST. 

In  general. 

When   recoverable. 

—  in    general.  . 

—  as    damages;    on    amount   recov- 

ered as  damages. 

—  on  judgments;  verdicts;  awards. 
Computation:    amount;    rate. 

—  in   general. 

—  rate. 


In  general. 

Usurious  interest,  see  USURY. 

Annotation. 

Interest  during  receivership  on  claims 

accruing   prior   to    apjiointmcnt   of 

receiver.     1917V,    1157. 


Disqualification   of  judge  by.     1915E,   858. 

Effect  of  appointment  of  receiver  for  in- 
solvent corporation  to  stop  running  of 
interest  on  company's  mortgage  bonds 
in  favor  of  unsecured  creditors.  1917D, 
1152. 

Limiting  amount  of  interest  which  may  be 
deducted  from  gross  income  of  corpo- 
ration for  purpose  of  fixing  income  sub- 
ject to  Federal  income  tax.  1917D, 
414. 

Who  entitled  to  interest  upon  funds  in 
hands  of  county  clerk  accumulated  from 
fines  and  penalties.  1917B,  176. 

Effect  of  garnishment  of  bank  deposit  to 
bind  interest  subsequently  accruing. 
1917B,  938. 

Guaranty  by  state  of  interest  on  faun  loans. 
1917A,  495. 

Note  given  for  overdue  interest.  1916A, 
]215. 

Effect  of  provision  as  to,  in  note,  on  its 
negotiability.  1915B,  1216;  1915D, 
1084;  1915F,  1203. 

Stipulation  in  note  for  payment  of  increased 
interest  after  default,  as  a  penalty. 
1916E,  721. 

Liability  of  administrator  requesting  bank 
to  hold  deposit  against  claimant  to  re- 
imburse bank  for  interest  which  it  is 
compeled  to  pay  on  a  legal  establish- 
ment of  the  claim.  191 5E,  797. 

Agreement  to  pay  interest  on  note  after  ma- 
turity as  consideration  for  release  of 
principal.  1916C,  384. 

Payment  of,  by  municipality  on  bonds  il- 
legally issued  as  ratification  of  other 
bonds  issued  under  same  authority. 
1915A,  1009. 

Effect  of  omission  of  item  of  interest  from 
statement  of  account.  1916A,  568. 

'When  recoverable. 

—  in  general. 

As  element  of  recovery  on  employer's  liabil- 
ity insurance  policy.  1916E,  597. 

Liability  for  interest,  of  bank  for  holding 
attached  deposit  because  of  claim  there- 
to by  stranger.  1917B,  938. 

Right  of  purchaser  of  land  to  recover  in- 
terest on  amount  paid  upon  rescission 
of  contract.  1916C,  996. 

On  statutory  double  liability  of  stock- 
holder. 1917E,  393. 

—  as  damages;  on  amount  recovered  as 

damages. 

Allowance  of  interest  from  date  of  the 
transaction  in  an  action  for  fraud. 
1916F,  780. 

Effect  of  statute  of  limitation  to  bar  in- 
terest. 1916C,  1106. 

For  conversion.    1915B,  291;  1916C,  544. 

In  condemnation  proceedings.  1916A,  1079; 
1916C,  1106;  1916F,  969. 

—  on  judgments;  verdicts;  awards. 

Interest  on  approved  claims  against  bank- 
rupt's estate.  191 5B,  884. 

Validity  of  provision  in  contract  stipulating 
apainst  recovery  of  interest  in  action 
thereon.  1916A,  551. 


INTEREST— INTERSTATE  COMMERCE  COMMISSION. 


239 


Computation;  amount;  rate. 

—  in  general. 

Computation  of  interest  on  amount  due 
from  cotenant  for  taxes  and  other  ex- 
penses. 1915B,  961. 

Computation  of  interest  on  purchase  money 
upon  repudiation  of  contract  for  pur- 
chase of  land.  1915E,  404. 

—  rate. 

Conflict  of  laws  as  to.  1916D,  732,  739, 
745. 

Effect  of  uncertainty  as  to  rate  of  interest 
on  negotiability  of  note.  1915D,  1084. 

Effect  on  negotiability  of  note  of  provision 
for  higher  rate  of  interest  after  matur- 
ity. 1915B,  1216. 


INTERFERENCE. 

Liability  for  interference  with  contract  re- 
lations or  for  injury  to  business  by  in- 
terference, see  CASE. 

Interference  with  business  by  unfair  compe- 
tition, see  UNFAIR  COMPETITION. 


INTERLOCUTORY  INJUNCTION. 

See  INJUNCTION. 


INTERLOCUTORY  ORDER. 

Consideration  of,  on  appeal,  cee  APPEAL  AND 
ERBOB. 


INTERNAL  IMPROVEMENTS. 

Annotation. 

Construction  or  improvement  of  high- 
.way  as  an  "internal  improvement" 
within  the  meaning  of  a  constitu- 
tional prohibition  against  the  state 
engaging  in  or  aiding  internal  im- 
provements. 1917C,  1O3S. 

Binding  effect  of  constitutional  provision 
forbidding  state  to  engage  in,  on  every 
member  of  three  co-ordinate  depart- 
ments of  state  government.  1917C, 
1034. 

Construction  of  highway  as  an  internal  im- 
provement. 1917C,  1034. 


INTERNAL  REVENUE. 

As  to  Federal  income  tax,  see  TAXES. 

Effect  of  permission  of  Federal  government 
to  inclose  coupons,  etc.,  in  packages  of 
tobacco  on  state  restrictions.  1917A, 
421. 


INTERNATIONAL  LAW. 

Private  international  law,  see  CONFLICT  OF 
LAWS. 


INTERPLEADER. 

Estoppel  of.     1915A,  1132. 

Bill  of,  by  insurance  company  to  determine 
conflicting  claims.  1916D,  1168. 

Determining  right  of  county  to  return  of 
money  paid  state's  attorney  as  salary 
in  interpleader  by  county  clerk  to  de- 
termine right  to  money  in  his  hands 
claimed  by  state's  attorney  as  fees. 
1917B,  176. 

Right  to  jury  trial  of  party  ordered  to  in- 
terplead.  1917D,  741. 


INTERPRETER. 


Admissibility  of  testimony  as  to  statements 
made  through  interpreter.    191 6F,  1J98. 


INTERROGATORIES. 

To  witness,  see  WITNESSES. 


INTERSTATE  COMMERCE. 

In  general,  see  COMMEBCE. 

Application  of  rule  of  assumption  of  risk  to 
interstate  as  well  as  intrastate  com- 
merce. 1917C,  481. 

Application  of  state  Workmen's  Compensa- 
tion Act  to  employees  engaged  in. 
1916A,  403,  436;  1916D,  935. 

When  servant  is  engaged  in,  within  meaning 
of  Federal  Employers'  Liability  Act. 
1915C,  17;  1915D,  557;  1916C,  797; 
1916E,  916;  1916F,  540;  1917D,  1; 
1917E,  262,  677,  734. 


INTERSTATE  COMMERCE  COM- 
MISSION. 

For  constitutionality  of  laws  affecting  inter- 
state commerce,  see  COMMERCE. 

Annotation. 

Power  of  state  court  to  review  rules  of 

Interstate    Commerce    Commission. 

1917E,  919. 

Reports  to,  by  carrier;  penalty  for  failure 
to  file.  1917A,  1198. 

Necessity  of  finding  by,  before  maintenance 
of  action  for  damages  for  breach  of  con- 
tract to  run  special  interstate  train. 
1917D,  750. 


240       INTERSTATE  COMMERCE  COMMISSION— INTOXICATING  LIQUORS. 


Power  of  commission  to  act  on  demurrage 
rule  relating  to  private  cars  used  in 
interstate  transportation.  1917E,  916. 

Review  of  decisions.     1917E,  916. 


INTERSTATE  EXTRADITION. 

See  EXTRADITION. 


INTERSTATE  PASSENGER. 

Annotation. 

Effect  of  breaking  continuity  of  pas- 
sage upon  its  interstate  character. 
1917D,  1184. 

Who  is  an  interstate  passenger.  1917D, 
1180. 


INTERSTATE  SHIPMENT. 

Annotation. 

Effect  of  breaking  continuity  of  pas- 
sage upon  its  interstate  character. 
1917D,  1184:. 


INTERURBAN  RAILROADS. 

As  carriers,  see  CABEIEBS. 

Annotation. 

Liability   of  company   operating   along 

highway   for   injury   to   live   stock.. 

JL917E,  77O. 

Right   to    compel    continued   operation    of. 

1915D,  547. 
Application  to,  of  Federal  Safety  Appliance 

Act.     1917A,  558. 
Negligence  of  motorman  causing  injury  to 

cattle  on  track.     1917E,  767. 
Contributory  negligence  of  owner  of  cattle 

injured  on.    1917E,  760. 


INTERVENTION. 

Of  parties   in   actions  generally,   see   PAR- 
TIES. 


INTOXICATING  LIQUORS. 

In  general. 

Prohibition   and   regulation;    statutes 
and    ordinances. 

—  in   general. 

—  local  option. 
Licenses. 

Unlawful  sales;  offenses  and  proceed- 
ings. 

—  in   general. 


Unlawful  sales;  offenses  and  proceed- 
ings— cont'd. 

—  sales  by  clubs  and  their  agents. 

—  sale   or  procuring  of   liquor  by 

agent. 

—  place  of  sale. 

—  seizure  and  destruction. 
Civil  damages. 


In  general. 

Interstate  commerce  in,  see  COMMERCE. 

Annotations. 

Construction  and  effect  of  p.  o visions 
against  keeping,  on  insured  prem- 
ises. 1917C,  282. 

Effect  of  insertion  of  unauthorized 
provisions  in  liquor  bond.  1917B, 
995,  1OO9,  1O1G. 

As  necessaries  within  statute  render- 
ing wife  or  her  property  liable 
therefor.  1917 F,  863. 

Construction  of  lease  of  premises  for 
saloon.  1917E,  777. 

Validity  of  lease  for  saloon.     1917E,  777. 

Validity  of  guaranty  by  brewing  concern  of 
lease  entered  into  by  saloonkeeper. 
1917E,  777. 

Injunction  against'  sale  of  liquor  in  one 
state  to  be  shipped  into  prohibition  ter- 
ritory. 1917D,  1023. 

Provision  in  insurance  policy  against  engag- 
ing in  business  of  selling.  191 7C,  914. 

Construction  of  lease  of  property  for  saloon 
business.  1917C,  931. 

Right  to  recover  price  of  liquors  sold  for 
resale,  where  resale  will  entourage 
house  of  ill  fame.  1917B,  11G6. 

Judicial  notice  as  to  danger  of  bartender's 
position.  1916F,  957. 

Drinking  of,  by  jurors.  1915C,  302,  315; 
1917F,  210. 

Right  of  carrier  to  refuse  to  transport. 
1916C,  278. 

Right  to  sell  liquor  on  property  as  element 
to  be  considered  in  fixing  value  for  pur- 
pose of  taxation.  1916E,  1101. 

Valuation  of  insured  bar  fixtures  where  pro- 
hibition is  adopted  after  policy  is  is- 
sued. 1915E,  489. 

Liability  of  vendor  of  lota  in  town  laid  out 
by  him  for  breach  of  representation 
that  no  liquor  would  ever  be  sold  in  the 
town.  19] 7F,  949. 

Power  of  agent  selling  land  to  covenant  that 
no  liquor  shall  be  sold  in  any  of  the 
lots  in  the  tract.  1917F,  949. 

Recovery  under  Workmen's  Compensation 
Act  for  assault  on  bartender  by  drunk- 
en patron  of  saloon.  1916F,  957. 

Prohibition  and  regulation;  statutes 
and  ordinances. 

—  in  general. 

Annotations. 

Effect  upon  lease  of  property  for 
saloon  purposes  of  passage  of  pro- 
hibitory  laws  during  term.  1917C, 
935. 


INTOXICATING  LIQUORS. 


241 


•Constitutionality,  construction,  and  ef- 
fect of  Webb-Kenyon  Act.  1917B, 
1229. 

JPower  to  prohibit  the  keeping  of  in- 
toxicating liquor  irrespective  of 
any  intention  to  sell  it  in  violation 
of  law.  1917D,  93S. 

'Effect  of  prohibition  law  on  lease  of  prop- 
erty for  saloon  business.  1917C,  929, 
931. 

.Adoption  of  ordinance  making  bar  business 
illegal  as  an  eviction  of  tenant  leasing 
land  from  city  for  bathing  resort  with 
privilege  of  subletting  portion  for  bar 
purposes.  1917F,  713. 

'Sufficiency  of  title  of  statute  as  to.  1915D, 
530. 

Strict  construction  of  prohibitory  act. 
1917B,  962. 

•Construction  of  statute  making  it  unlawful 
to  keep  any  intoxicating  liquors  in  any 
place  other  than  a  private  residence. 
1915D,  172. 

Regulations  as  interference  with  interstate 
commerce.  1915F,  1140. 

Amendment  to  state  Constitution  denying 
to  legislature  power  to  enact  prohibi- 
tory liquor  law.  1917B,  7. 

Tower  of  legislature  to  make  place  where 
liquor  is  delivered  to  purchaser  the 
place  of  sale.  1916C,  291. 

Tower  of  municipality  to  prohibit  transpor- 
tation of  liquor  into  corporate  limits. 
1916E,  922. 

Tower  of  municipality  to  declare  keeping 
of  liquor  a  nuisance.  1917A,  314. 

Right  to  prohibit  •  sale  of  nonintoxicating 
liquors.  1917B,  962. 

•Constitutionality  of  Webb-Kenyon  Act. 
1916C,  291 ;  1917B,  1218. 

Retroactive  effect  of  Webb-Kenyon  Act. 
1916C,  291. 

Effect  of  Webb-Kenyon  Act  on  shipments 
into  prohibition  territory  for  personal 
use.  1916C,  273;  1917B,  1218,  1230. 

Hight  of  state  under  Webb-Kenyon  Act  to 
provide  that  sales  in  which  delivery  is 
to  be  made  by  a  carrier  shall  be  deemed 
to  be  made  in  the  county  where  they 
are  to  be  delivered.  1916C,  291. 

"Forbidding  shipments  of  liquor  whether  in- 
tended for  personal  use  or  otherwise. 
1917B,  1218. 

Validity  of  statute  levying  tax  upon  one 
attempting  to  solicit  orders  in  prohibi- 
tion territory.  1915C,  101. 

Forbidding  distribution  or  display  of  price 
lists  or  advertisements  of  liquor. 
191 5E,  640;  1916B,  893;  1917C,  639. 

"Effect  of  provision  in  prohibition  statute 
permitting  one  to  have  liquor  in  his 
own  home  and  to  give  it  to  another. 
1916F,  1001. 

'Limiting  amount  of  liquor  which  citizen 
may  receive  and  possess  in  dry  terri- 
tory. 1916C,  278. 

Trohibiting  keeping  of  liquor  not  intended 
for  sale  at  places  other  than  private 
residences.  1915D,  172. 

Forbidding  keeping  of  intoxicating  liquors 
in  social  clubs.  1915D,  530. 

L.R.A.  Tri.  Index  1915-17.— 16. 


Forbidding  keeping  of  liquor  by  members  of 
clubs  in  their  lockers  for  individual 
use.  1917A,  314. 

Right  to  forbid  manufacture  of  intoxicating 
liquors  within  the  state.  1916F,  177. 

Prohibiting  manufacture,  sale  and  keeping 
in  public  place  of  intoxicating  liquor, 
and  restricting  amount  that  citizen 
may  keep  in  his  home.  1917D,  926. 

Application  of  statute  requiring  license  to 
sell  liquors  to  sale  of  stock '  of  such 
liquors  as  part  of  business.  1916D, 
1009. 

Regulations  as  to  place  of  sale.  1915A, 
1129. 

Forbidding  sale  of  liquors  within  certain 
distance  of  church.  1915E,  408. 

—  local  option. 

Amendment  to  state  Constipation  denying 
to  legislature  power  to  enact  local  op- 
tion law.  191 7B,  7. 

Judicial  notice  of  result  of  local  option 
election.  1915B,  788. 

Right  to  use  voting  machine  in  local  option 
election.  1915C,  513. 

Licenses. 

Liability  on  statutory  liquor  bond,  see 
BONDS. 

Power  of  municipality  to  employ  attorneys 
to  obtain  reversal  of  decision  denying 
exclusive  right  of  municipality  to  li- 
cense sale  of  liquors  within  its  limits. 
1917D,  237. 

Who  entitled  to.     1915C,  898. 

Validity  of  statutory  provision  as  to  licenses 
or  taxes.  1915C,  101;  1915F,  1140. 

Effect  of  contemporaneous  construction  of 
license  law.  191 5F,  1140. 

What  constitutes  a  sale  at  retail  requiring 
procurement  of  license.  1915B,  389. 

Application  of  statute  requiring  license  to 
sell  liquors  to  sale  of  stock  of  such 
liquors  as  part  of  business.  1916D, 
1009. 

Right  to  require  vessel  touching  at  ports  of 
different  states  to  secure  license  for 
the  sale  of  liquor  from  each  of  the 
states.  1915F,  1140. 

Unlawful  sales;  offenses  and  proceed- 
ings. 

—  in  general. 

Annotations. 

Manufacturing  under  contract  as  a 
sale.  1917B,  6O6. 

Do  statutes  forbidding  the  sale  of  a 
certain  class  or  classes  of  liquor 
include  nonintoxicating  liquor. 
1917B,  974:. 

Alcoholic  liquids  not  ostensibly  intend- 
ed for  beverages  as  within  prohib- 
itory or  regulatory  statute.  19171?', 
244. 

Conviction  of  keeping  a  common  liquor 
nuisance  upon  proof  of  a  single 
sale.  1917F,  111O. 

Injunction  to  restrain  sale  of  liquor  to 
be  shipped  into  proJiibition  terri- 
tory. 1917D,  1027. 


242 


INTOXICATING  LIQUORS— INVESTMENTS. 


Seizure  by  state  of  liquor  in  possession  of 
carrier.  1917B,  215. 

Search  of  premises  for  intoxicating  liquors. 
1915D,  330. 

Injunction  against  violation  of  liquor  laws. 
1916C,  291;  1916F,  1001;  1917D,  283. 

Indictment  for  violation  of  liquor  laws. 
1917B,  1230. 

Receipt  of  verdict  in  absence  of  accused  in 
prosecution  for  illegal  sale.  1917B, 
344. 

Admissibility  in  prosecution  for  violation 
of  liquor  laws  of  evidence  wrongfully 
obtained.  191 6E,  714. 

Sufficiency  of  evidence  in  prosecution  for 
violation  of  liquor  law.  1916A,  812. 

Prejudicial  error  in  conduct  of  jury  in  pros- 
ecution for  violation  of  liquor  laws. 
1915C,  315. 

Intent  as  to  use  to  which  liquor  is  to  be 
put  as  test  of  liability  for  violation  of 
liquor  laws.  1917B,  1230. 

Effect  of  honest  belief  in  nonintoxicating 
character  of  liquors  sold.  1916D,  262. 

Right  to  make  possession  of  more  than  spec- 
ified quantity  of  liquor  evidence  of  il- 
legal intent.  1916C,  278. 

Single  sale  as  warranting  conviction  for 
keeping  and  maintaining  liquor  nui- 
sance. 1917F,  1107. 

What  constitutes  a  sale  at  retail  within 
meaning  of  statute.  1915B,  389. 

Lending  whisky  to  be  returned  in  kind  and 
amount.  1915C,  648. 

Contract  by  which  distiller  is  to  make 
brandy  from  apples  furnished  by  the 
other  party  and  deliver  to  him  one  half 
the  product  as  a  sale.  1917B,  605. 

What  liquors  included  within  prohibitory 
laws.  1917B,  962;  1917F,  238. 

Violation  by  nonresident  liquor  dealer  a* 
state  statute  forbidding  circulation  of 
price-lists  or  advertisements  of  liquors. 
1917C,  639. 

Forfeiture  of  vehicles  used  in  conveying 
liquor  intended  for  illegal  use.  1916E, 
338. 

Liability  of  carriers  and  their  agents. 
1916C,  291;  1916F,  1001. 

Liability  of  one  having  possession  of  liquor 
to  be  delivered  to  carrier  for  shipment 
to  other  states  upon  receipt  of  price. 
1915D,  330. 

—  sales  by  clubs  and  their  agents. 
Sufficiency  of  title  of  statute  as  to.     1915D, 

530. 
Statute  imposing  tax  on  whoever  pursues, 

in    prohibition    territory,    business    of 

operating  place  where  liquors  are  kept 

on  deposit  for  others.     1915C,  101. 
Estoppel  to  annul  charter  of  club  because 

of  illegal  sale  of  liquor.     1915C,  876. 
Effect  of  charter  of  club  to  give  authority 

to  sell  liquor  to  members.     1915C,  876. 
What  constitutes  sale  of  liquor  by  a  club. 

1915C,  101;   1915C,  876. 

—  sale  or  procuring  of  liquor  by  agent. 

By  agent  of  club,  see  supra. 


Annotation. 

Is  one  who  obtains  liquor  for  and  de- 
livers it  to  another,  using  the  lat- 
ter's  money,  guilty  of  selling  the 
same.  1917D,  1O2O. 

Liability  for  aiding  another  in  purchac'ng 
liquor  at  his  own  instance.  1917D, 
1013,  1014. 

—  place  of  sale. 

What  is  place  of  sale.     1915A,  901;  1915F, 

1149;  1916C,  291. 
Validity  of  regulations  as  to  place  of  sale. 

1915A,  1129. 
Prohibited  places.    1915E,  408;  1916D,  816. 

—  seizure  and  destruction. 

Forfeiture  of  vehicles  used  in  conveying  li- 
quor intended  for  illegal  use.  1916E, 
338. 

Seizure  by  state  of  liquor  in  possession  of 
carrier.  1917B,  215. 

Civil  damages. 

Abatement  of  action  by  death.    191 6D,  940. 

Joinder  of  parties  4^fendant  in  proceeding 

under  civil  damage  act.     1916D,  940. 
Measure  of  damages  in  action  under  Civil 

Damage  Act.     1916D,  940. 
For  death  of  person  to  whom  liquor  is  sold. 

1916D,  940. 


INTOXICATION. 

See  DRUNKENNESS.          . 


INVASION. 

Calling  out  militia  in  case  of.    1915A,  1141. 

*-»-*• • 

INVENTION. 

Annotation. 

Right  of  public  to  benefit  of  inventions 

made      by      officer      or      employee. 

1917B,   1183. 


INVENTORY. 

Condition  for  taking,  in  insurance  policy, 
see  INSUEAXCE. 


INVESTMENTS. 

Annotation. 

Constitutionality    of    Blue    STcy    Laws. 
1917F,  524. 

Constitutionality  of  Blue  Sky  Laws.    1917F, 
514. 


INVOLUNTARY  SERVITUDE—JITNEY  BUSSES. 


243 


INVOLUNTARY  SERVITUDE. 

Release  by  baseball  club  of  services  of  ball 
player  undt?r  contract  with  it  to  enter 
club  as  amovnting  to  involuntary  serv- 
itude of  the  player.  1917F,  841. 

Contracting  by  state  of  convict  labor  as 
violation  of  constitutional  provision 
against  slavery.  1916D,  651. 


IRON-SAFE  CLAUSE. 

In  insurance  policy,  see  INSURANCE. 


IRREGULAR   INDORSMENTS. 

Indorsement  before  delivery,  see  BILLS  AND 
NOTES. 


IRREPARABLE  INJURIES. 

As  basis  of  equitable  jurisdiction.     1915F, 
1012. 


IRRESPONSIBILITY. 

Of  person  committing  crime,  see  CBIMINAL 
LAW. 


IRRIGATION. 

Use  of  water  for,  generally,  see  WATERS. 

Condemnation  of  property  for,  1916C,  1275. 

Estoppel  of  irrigation  company  to  get  up 
failure  of  predecessor  to  comply  with 
contract  with  state.  191 6F,  236. 

Jurisdiction  of  railway  commission  to  de- 
termine question  of  ownership  of  irri- 
gation canal.  1915D,  1205. 

Right  to  regulate  rates  of  irrigation  com- 
pany. 1915D,  1205. 

Imposition  on  owner  of  irrigation  ditch  of 
expense  of  constructing  and  maintain- 
ing bridge.  1915E,  687. 

Statute  requiring  proposal  for  constmction 
of  irrigation  system  to  state  price  and 
terms  per  acre  at  which  perpetual  water 
rights  will  be  sold.  1916F,  236. 

Negligence  of  irrigation  ditch  company  as 
to  care  of  ditch.  1915D,  292. 

Right  of  corporation  taking  over  irrigation 
system  to  refuse  to  sell  stock  to  pur- 
chaser of  land  within  the  district. 
191 7F,  236. 

Refusal  of  irrigation  company  to  deliver 
water  to  purchaser  of  stock  not  trans- 
ferred on  books.  1915D,  292. 

Damages  for  injury  to  crop  by  failure  to 
furnish  water.  191 5D,  292. 

False  representation  that  an  ownership  of 
land  carries  privilege  of  using  water 
for  irrigation.  1915A,  675. 


Statement  by  vendor  that  irrigation  project 
would  pass  close  to  property.  1916B. 
1069. 


ISSUES. 

Limiting  issues  on  grant  of  new  trial,  see 
NEW  TEIAL. 


JAILS. 

Riot  by  prisoners  confined  in.    1915C,  578. 


JAMAICA  GINGER. 

As  an  intoxicating  liquor  within  meaning 
of  prohibitory  statute.     1917F,  238. 


•*-•-*• 


JEOPARDY. 

See  CRIMINAL  LAW. 

^->-» 


JERK. 

Injury  to  passenger  from.  191CD,  368; 
1915E,  964;  1916C,  348,  355;  1917C, 
384. 


JEWELS. 

Liability  of  railroad  company  for  loss  of 
diamonds  transported  as  mail.  1915A, 
374. 


JIM  CROW  CARS. 

Annotation. 

Cumulative  penalties  for  failure  of  car- 
rier to  provide  separate  accommo- 
dations for  white  and  colored  pas- 
sengers. 191T/B,  54:8. 

Segregation  of  white  and  colored  passengers. 
1917B,  544. 

Requiring  sheriff  in  charge  of  colored 
prisoner  to  ride  in  car  set  apart  for 
colored  passengers.  1916E,  278. 


JITNEY  BUSSES. 

Who  may  maintain  bill  to  enjoin  operation 

of.     1916B,  1143. 

Class  legislation  as  to.     1915F,  850. 
Power  of  municipality  to  regulate.     1915F, 

840. 
Review  by  courts  of  municipal  action  as  to 

licensing  and  regulating.     1916D,  246. 


244 


JITNEY  BUSSES— JOINT  DEPOSIT. 


Right  to  regulate  use  of  highway  by. 
1915F,  840;  1916B,  1151. 

License  for  operation  of.  1915F,  850; 
1916B,  1143;  1916D,  246. 

Requiring  from  operators  of  jitneys  con- 
tract for  indemnity  against  injury  to 
persons  and  property.  1915F,  840. 

Requiring  bond  of  operator  of  jitney  bus 
to  be  executed  by  surety  company  to 
exclusion  of  private  sureties.  1915F, 
850. 

Liability  on  bond,  to  persons  injured. 
1917D,  613. 


JOBBERS. 

Illegal  combination  of.     1915F,  1076. 


JOCKEY. 

Injunction  against  breach  of  contract  by. 
1916E,  682. 


JOINDER. 

Joinder  of  causes  of  action,  see  ACTION  OB 

SUIT. 

Of  patties  plaintiff,  see  PABTIES. 
Of  parties  defendant,  see  PARTIES. 


JOINT  ADVENTURE. 

See  JOINT  ENTERPRISE. 

••-•-*• — 

JOINT  CONTRACT. 

In  general,  see  JOINT  CREDITORS  AND  DEBT- 
ORS. 

When  contract  by  several  persons  creates  a 
joint  obligation.     1917D,  1115. 


JOINT  CREDITORS  AND  DEBTORS. 

In  .general. 

Release  of  one  joint  debtor. 


In  general. 

Contribution  between,  see  Ccr^tRiBUTiON  AND 
INDEMNITY. 

Joint  liability  for  family  expenses,  see  HUS- 
BAND AND  WIFE. 

Annotation. 

Reversal  of  judgment  on  appeal  ft?/ 
one  defendant  as  affecting  other 
joint  defendant  in  ivjiose  favor 
Jifdgment  below  ivas  rendered. 
1917D,  674. 


WThen  contract  by  several  persons  creates  a 
joint  obligation.  1917D,  1115. 

Effect  of  reversal  on  appeal  by  railroad  com- 
pany only,  of  judgment  against  com- 
pany and  in  favor  of  crew  of  train 
which  inflicted  injury.  1917D,  666. 

Effect  of  dismissal  of  one  party  in  action 
against  two.  1915A,  491.. 

Grant  of  new  trial  as  to  one  defendant  anl 
refusal  as  to  another.  1915D,  1116. 

Commission  of  joint  tort  without  existence 
of  conspiracy  or  combination  in  re- 
straint of  trade.  1915B,  1179. 

Right  of  plaintiff  to  recover  against  one  of 
two  joint  tort  feasors  though  he  fails 
to  prove  joint  tort.  1915B,  1179. 

Joint  liability  for  false  representations  and 
malicious  prosecution  for  alleged  in- 
fringement of  patent.  1915B,  1179. 

Right  to  sue  separately  each  obligor  in  a 
joint  obligation  to  pay  a  specified  sum 
of  money.  1915B,  221. 

Joint  liability  for  acts  of  special  policemen 
employed  by  residents  of  certain  sec- 
tion of  city.  1915F,  714. 

Joint  liability  for  injury  to  servant.  1915C, 
20. 

Liability  of  joint  owner  of  automobile  for 
negligence  of  co-owner.  1916E,  1300. 

Liability  of  one  of  two  persons  using  auto- 
mobile in  common  enterprise  for  negli- 
gence of  the  other.  1915E,  436;  1915F, 
876. 

Joint  liability  of  gas  company  and  customer 
for  injury  by  explosion.  1916D,  1138. 

Release   of  one  joint  debtor. 

Effect  of  instrument  executed  to  one  joint 
tort  feasor  by  which  maker  agrees  not 
to  prosecute  any  suit  on  account  of  Ms 
injuries  against  the  former,  to  dis- 
charge another  tort  feasor.  1917A,  128. 

Effect  of  attachment  of  seal  to  release  of 
one  joint  tort  feasor.  1915E,  800. 

When  parties  are  jointly  liable  within  mean- 
ing of  rule  that  release  of  one  joint  tort 
feasor  releases  all.  1915C,  20. 

Reservation  of  rights  against  others. 
1915C,  20;  1915E,  800. 


JOINT  DEFENDANTS. 

Annotation. 

Reversal  of  judgment  on  appeal  or  er- 
ror by  one  defendant  as  affecting 
other  joint  defendant  in  ivliose 
favor  judgment  below  was  ren- 
dered. 1917D,  674. 

Effect  of  dismissal  of  one  party  in  action 

against  two.     1915A,  491. 
Grant  of  new  trial  as  to  one  defendant  and 

refusal  as  to  another.     1915D,  1116. 


JOINT  DEPOSIT. 

Rights  in.     1917C,  548. 


JOINT  DEPOSIT— JUDGMENT. 


245 


Payment  upon  checks  of  wife  alone,  of 
money  deposited  by  husband  to  joint 
account  of  husband  and  wife.  1915D, 
920. 


JOINT  ENTERPRISE. 

As  question  for  jury.    1915E,  436. 

When  persons  are  engaged  in,  so  that  the 

negligence  of  one  will  .be   imputed  to 

another.       1915E,     436;     1915F,     876; 

1917 A,  543;  1917F,  253. 
Liability   of   parties   to,    for   negligence  in 

use  of  automobile.     1915E,  436;  1915F, 

876. 
Trust  in  secret  profits  made  by  one  party 

to  joint  adventure.     1915B,  160. 


JOINT   OWNERS. 

Liability  of  joint  owner  of  automobile  for 
negligence  of  co-owner.    1916E,  1300. 


JOINT  TENANTS. 

In  general,  see  COTENANCY. 

Estate  by  entirety,  see  HUSBAND  AND  WIFE. 

In    proceeds   of    insurance   policy.      1917B, 
1210. 


JOINT  TORT  FEASORS. 

See  JOINT  CREDITORS  AND  DEBTORS. 


JOLT. 

Injury  to  passenger  by.    1915D,  368;  1915E, 
964;    1916C,   348,  355;    1917C,   384. 


JUDGES. 

In  general. 

Appointment  or  election  and  removal. 

Disqualification;  eligibility. 

Change;  special  judge. 

Compensation. 

Liability. 


In  general. 

Remarks   or   conduct   of,    see   APPEAL  AND 

ERROR;  TRIAL. 
Contempt    in   making   charge    against,    sec 

CONTEMPT. 
As  to  justices  of  the  peace,  see  JUSTICE  OF 

THE  PEACE. 
Mandamus  to,  see  MANDAMUS. 

Slander  by.     1915E,  1051. 


Competency  of,  as  witness.     1915F,  766. 
Disbarment  of  attorney  for  misconduct  in 

his  capacity  of  probate  judge.     1915A, 

663. 
Right  to  file  information  to  disbar  attorney. 

1917B,  1132. 
Effect  of  acceptance  of  office  of  police  judge 

by   mayor,   to   vacate   office  of  mayor. 

1917A,  211. 

Appointment  or  election  and  removal. 

Special  legislation  as  to  election  of  -judges. 
1915A,  1190. 

Abolition  of  party  nominations  for  the  of- 
fice of  judge.  1915A,  1190. 

Preferential  system  of  voting.     1916B,  931. 

Disbarment  of  attorney  for  misconduct  as 
probate  judge  as  constituting  impeach- 
ment. 1915A,  663. 

Disqualification;  eligibility. 

Annotation. 

Eligibility    of   suspended   or   disbarred 

attorney  to  judicial  office.     1917B, 

SOS. 

Error  in  overruling  application  requesting 
iudge  to  disqualify.  193 5F,  766. 

Previous  connection  with  case.  1916D, 
1090. 

Interest;  biis.     1915E,  858. 

Eligibility  to  office  of  judge  of  lawyer  sus- 
pended from  practice.  1917B,  801. 

Change;  special  judge. 

Special  judge.     1915D,  305;   1916E,  830. 


Annotation. 

Statute  requiring  particular  locality  to 
bear  part  of  judge's  salary  as  vio- 
lating constitutional  requirement 
of  uniformity  in  taxation.  1917D, 
797. 

Extra  or  additional  compensation  to. 
1915E,  858. 

Liability. 

Immunity  of  Judges  of  courts  of  inferior 
and  limited  jurisdiction  from  liability 
for  judicial  acts.  1917B,  360. 

For  false  imprisonment.  1916C,  1295; 
1917B,  360. 


JUDGMENT. 

In  general. 

Jurisdiction;    necessity    of    service    or 

appearance. 
Form  and  substance. 

—  in   general. 

—  conformity     to     pleadings     and 

proof. 

—  non  obstc.nte  veredicto. 
Entry;  record. 
Modification. 


240 


JUDGMENT. 


Validity;  effect  and  conclusivencss 
generally. 

Decrees  interlocutory,  by  default,  or 
direction,  or  on  demurrer;  dis- 
missal. 

Collateral  attack. 

—  in  general. 

—  grounds. 

What  matters  concluded. 

—  in  general. 

—  matters  as  to  real  property. 

—  divorce. 

—  probate  matters. 

—  on  contracts. 
As  to  parties. 

—  in   general. 

—  persons  not  parties  or  notified. 

—  effect  of  notice  of  action. 

—  principal  and  surety. 
The  lien. 

—  in  general. 

—  on  what  property. 
Foreign  judgments. 

—  ir    general. 

—  of  sister  state. 
Discharge;  assignment. 
Enforcement. 
Revival. 

Belief  against;  rehearing. 

—  in  general. 

—  grounds. 

—  procedure. 

—  time. 

—  rehearing. 


In  general. 

Finality  of,  for  purpose  of  appeal,  see  AP- 
PEAL AND  ERROR. 

First  objecting  to,  on  appeal,  see  APPEAL 
AXD  EBROB. 

On  appeal,  see  APPEAL  AND  ERROR. 

In  contempt  proceedings,  see  CONTEMPT. 

Sentence  in  criminal  cases,  see  CRIMINAL 
LAW. 

In  ejectment,  see  EJECTMENT. 

Interest  on,  see  INTEREST. 

On  foreclosure,  see  MORTGAGE. 

In  replevin,  see  REPLEVIN. 

Decree  in  suit  for  specific  performance,  see 
SPECIFIC  PERFORMANCE. 

Annotation. 

Garnishment  of  judgment  in  another 
court  of  the  state  in  which  it  u-as 
rendered.  1917D,  1139. 

Motion  in  arrest  of  judgment.     1915B,  83; 

1916B,  1117;   1916C,  1134;  1916D,  767. 
Effect    of    supersedeas    bond    to     suspend. 

1915E,   401. 
Judgment   as   a   contract   within    provision 

against  impairing  obligation  of.     1915B, 

797. 
Garnishment  in  district  court  of  judgment 

of  supreme  court.     1917D,  1J37. 
By    default.      1915B,    1149;     1916F,    583; 

1917B,  1296. 


Jurisdiction;  necessity  of  service  or 
appearance. 

To  support  judgment  of  sister  state,  see 
infra. 

Sufficiency  of  service,  see  WRIT  A:TD  PROC- 
ESS. 

Effect  of  decree  against  defendants  not 
served  and  who  do  not  appear.  1915B, 
168. 

Invalidity  of  judgment  rei\  lered  without 
jurisdiction.  1917F,  562. 

Collateral  attack  on  judgment  for  lack  of 
jurisdiction.  1915C,  581;  1916D,  4,  7; 
1916E,  312. 

Jurisdiction  to  render  judgment  in  rem. 
1917F,  562. 

Personal  decree  against,  on  service  by  pub- 
lication. 1915B,  881;  1917C,  1140. 

Form  and  substance. 

—  in  general. 

In  replevin,  see  REPLEVIN. 

Right  to  award  lump  sum  to  injured  em- 
ployee under  Workmen's  Compensation 
Act.  1916D,  970;  1916F,  957. 

Personal  judgment  in  enforcing  mechanic's 
lien.  1915F,  1132. 

Personal  judgment  on  service  by  publica- 
tion. 1915B,  881;  1917C,  1140. 

In  action  to  quiet  title  to  land  forfeited  for 
breach  of  building  restrictions.  1917C, 
879. 

In  eminent  domain  proceeding.     1917E,  559. 

Amount  of  judgment  on  bond  for  penalty. 
1915E,  385. 

—  conformity  to  pleadings  and  proof. 

Judgment  on  pleadings,  see  PLEADING. 
Relief  under  pleading,  see  PLEADING. 

Personal  judgment  in  favor  of  one  defendant 
in  a  foreclosure  suit  against  a  eodefend- 
ant  who  did  not  appear.  1917D,  1029. 

Judgment  on  issue  not  fairly  raised  by 
pleadings.  1915E,  271. 

Judgment  entirely  outside  of  the  issues  and 
upon  a  matter  not  submitted  to  the 
court.  1917D,  1029. 

Right  of  judge  to  pass  on  sufficiency  of  title 
to  land  in  other  state  by  independent 
examination  of  abstract  without  plead- 
ing or  proof  as  to  law  of  such  state. 
1915E,  271. 

—  non  obstante  veredicto. 

Waiver  of  right  to  new  trial  by  motion  for 
judgment  notwithstanding  verdict. 
191 5D,  1077. 

Reversal  of  judgment  of  dismissal  improp- 
erly rendered  on  motion  for  judgment 
non  obstante  veredicto.  1917A,  1194. 

Basing  right  to,  on  lack  of  evidence.  1917A, 
1194. 

Right  to  render  judgment  of  dismissal  on 
motion  for  judgment  non  obstante  vere- 
dicto to  correct  prior  error  in  refusing 
to  direct  a  verdict  for  lack  of  evidence. 
3917A,  1194. 

Right  to  enter  judgment  non  obstante  vere- 
dicto after  entering  judgment  upon  ver- 
dict of  jury.  1916E,  825 


JUDGMENT 


247 


Right  to  grant  motion  for  judgment  non 
obstante  veredicto  after  erroneously  de- 
nying motion  for  peremptory  instruc- 
tion. 1916D,  514. 

Judgment  for  defendant  non  obstante  vere- 
dicto because  of  variance  as  to  date 
when  cause  of  action  accrued.  1917F, 
935. 

Entry;  record. 

Parol  evidence  to  show  alteration  of  judg- 
ment record.  1916D,  820. 

Failure  of  judge  to  sign  judgment  after 
entry  in  proper  book.  1915C,  581. 

Entry  of  judgment  nunc  pro  tune.  1917F, 
1. 

Modification. 

Rendition  of  modified  judgment  on  appeal, 
see  APPEAL  AND  ERROR. 

Change  in  alimony,  see  DIVORCE  AND  SEPA- 
RATION. 

Annotation. 

Power  to  amend  decree  of  divorce  by 
adding  provision  for  alimony  or 
support  of  children.  1917D,  325. 

Finality  for  purpose  of  appeal  of  judgment 
in  suit  for  modification  of  prior  decree. 
1915A,  699. 

Extent  of  review  on  appeal  from  judgment 
refusing  to  modify  prior  decree.  1915A, 
699. 

To  relieve  decree  directing  receiver  to  sell 
property  from  provisions  which  ob- 
struct sale.  1915A,  699. 

Change  of  divorce  decree  as  to  custody  of 
children.  1916B,  977;  1917B,  287. 

Modification  of  divorce  decree  to  provide  for 
support  of  children.  1916B,  977; 
1917D,  319. 

Time  for.    1915A,  699. 

Validity;  effect  and  coiiclusiveness 
generally. 

Pendency  of  one  suit  as  abatement  of  an- 
other, see  ABATEMENT  AND  REVIVAL. 

Judgment  for  part  of  claim  as  bar  to  furth- 
er suit,  see  ACTION  OR  SUIT. 

On  appeal,  see  APPEAL  AXD  ERROR. 

Effect  of  decisions  in  other  cases,  see 
COURTS. 

Former  conviction  or  acquittal  as  bar  to 
criminal  prosecution,  see  CRIMINAL 
LAW. 

Effect  of  pursuing  other  remedy  as  a  bar, 
see  ELECTION  "OF  REMEDIES. 

Of  judgment  in  garnishment,  see  GARNISH- 
MENT. 

\Talidity  of  judgment  where  plaintiff's  cause 
of  action  is  defectively  pleaded.  1917B, 
1296. 

Plea  of  res  judicata  as  part  of  record  on 
appeal.  1916D,  220. 

Prejudicial  error  in  refusing  to  permit  filing 
of  plea  of  res  judicata.  1916D,  220. 

Estoppel  by  judgment.     1917A,  1188. 

Effect  of  sale  under  erroneous  or  void  de- 
cree. 1917C,  1196. 


Effect  of  decree  procured  in  suit  against  per- 
sons who  on  the  face  of  the  bill  have 
no  interest  in  the  controversy.  19 17 A, 
671. 

Effect  of  judgment  forbidding  foreign  corpo- 
ration from  doing  business  in  a  state 
to  prevent  it  from  doing  an  interstate 
business  therein.  1915A,  892. 

Decree  denying  subsequent  execution  of  cove- 
nants. 1916F,  1294. 

Collusiveness  of  act  of  administrator  in 
allowing  or  rejecting  claim.  1915C, 
754. 

Decrees  interlocutory,  by  default,  or 
direction,  or  on  demurrer;  dismis- 
sal. 

Voluntary  nonsuit  as  res  judicata.  1915D, 
850. 

Ruling  on  demurrer.     1917A,  128. 

Dismissal.    1917B,  588. 

Collateral  attack. 

—  in  general. 

General  rule  as  to.    1916E,  312. 

When  attack  is  collateral.     1917C,  171. 

In  divorce  suit.     1916F,  528. 

On  probate  decree  on  executor's  account. 
1915C,  518. 

On  decree  of  distribution  of  decedent's  es- 
tate. 1915A,  1179. 

—  grounds. 

Annotation. 

AttacTcs  on  decrees  of  divorce  for  other 

causes    than    lack    of   jurisdiction. 

1917B,   409. 

On  settlement  by  attorneys  with  sanction 

of  court  of  suit  for  death  of  employee; 

on  ground  that  amount  paid  was  for 

insurance  or  wages  payable  from  relief 

fund.     1917A,  270. 
Irregularities    in    general.      1915B,    1149; 

1915C,  158;  1916E,  298. 
Defects  in  pleading.     1916E,  298,  303,  312 
Lack  of  jurisdiction.     1915B,  1149;   1915C, 

581;   1916D,  4,  7;   1916E,  312;   1917B, 

395;  1917C,  171. 
Fraud.    1916B,  977;  1916D,  1,  4. 

What  matters  concluded. 

—  in  general. 

Conclusiveness  as  to  matters  which  ought 
to  have  been,  but  were  not,  presented 
for  adjudication.  1917C,  883. 

Conciusiveness  of  judgment  as  to  all  mat- 
ters litigated  in  action  for  partnership 
accounting.  1917F,  1006. 

Dissolution  of  provisional  injunction  before 
final  disposition  of  the  cause  as  an  ad- 
judication upon  the  merits.  1915F,  984. 

Effect  of  judgment  that  oyster  ground  is 
barren  under  provisions  of  one  act  as 
bar  to  proceeding  to  ascertain  whether 
the  bed  is  not  desirable  for  public  use 
under  provisions  as  later  act.  19]  5E, 
443. 


248 


JUDGMENT. 


Conclusiveness  of  judgment  that  state  court 
has  no  jurisdiction  of  replevin  action  to 
take  property  from  receiver  in  bank- 
ruptcy. 1916A,  634. 

Decree  of  bankruptcy  upon  petition  alleging 
two  grounds,  one  of  which  would  pre- 
vent discharge,  as  res  judicata  against 
right  to  discharge  upon  subsequent  peti- 
tion. 1915C,  89. 

Effect  of  judgment  denying  right  of  con- 
tractor to  recover  for  street  pavement 
on  his  right  to  remove  his  material 
from  the  street.  1915B,  173. 

Collusiveness  of  judgment  for  defendants 
in  action  to  recover  treble  damages  for 
illegal  combination  in  subsequent  com- 
mon law  action  for  interference  with 
business  by  threats,  etc.  1915B,  1179. 

—  matters  as  to  real  property. 

Annotation. 

Conclusiveness  of  judgment  in  con- 
demnation proceedings  as  a  settle- 
ment of  rival  claims  to  the  award. 
19 17 A,  690. 

Eminent  domain.     1917A,  685. 

What  matters  barred  by  foreclosure  decree. 
1915D,  349. 

Effect  of  judgment  for  defendant  in  action 
to  enjoin  making  of  deed  under  fore- 
closure sale  because  of  want  of  notice 
of  sale,  to  preclude  plaintiff  from  set- 
ting up  that  fact  in  defense  of  action  to 
recover  land  from  him.  1915B,  640. 

Conclusiveness  as  to  woman  who  institutes 
suit  against  her  husband  and  the  mort- 
gagee for  purpose  of  having  instrument 
in  form  of  deed  given  by  her  to  secure 
the  husband's  debt  declared  a  mortgage, 
and  for  accounting  to  ascertain  the 
amount  of  indebtedness,  of  decree  in 
such  suit  adjudicating  character  of  the 
instrument  and  the  amount  of  the  hus- 
band's debt.  1917F,  337. 

Effect  of  judgment  denying  lien  upon  land 
for  money  advanced  to  retire  purchase 
money  notes  as  bar  to  right  to  subroga- 
tion to  lien  of  the  vendor.  1915E,  875. 

—  divorce. 

Conclusiveness  in  habeas  corpus  proceeding 
of  decree  in  divorce  suit  as  to  custody 
of  child.  1916B,  977. 

Effect  of  divorce  decree  to  bar  action  for 
alienation  of  affections.  1915C,  870. 

—  probate  matters. 

Decree  that  debt  due  testator  by  child  of 
life  tenant  and  directed  by  will  to  be 
paid  out  of  latter's  share  he  paid  out  of 
rents  and  profits  accruing  to  life  ten- 
ant, who  dies  before  accumulating  funds 
to  satisfy  the  decree,  as  conclusive  that 
his  children,  made  remaindermen  by 
will,  are  not  liable  for  the  amount  un- 
der other  provisions  of  the  will.  1917D, 
563. 

Conclusiveness  of  decree  of  probate  court  as 
to  right  of  pretermitted  child  to  in- 
herit. 1916D,  421. 


—  on  contracts. 

Judgment  in  favor  of  injured  employee- 
based  on  negligence,  as  bar  to  action  on. 
employer's  agreement  to  pay  employee- 
during  disability.  1917B,  1158. 

As  to  parties. 

—  in  general. 

Annotation. 

Effect  of  verdict  for  servant  in  an  ac- 
tion against  master  and  servant  .for- 
servant's  negligence  or  misfeas- 
ance. 1917E,  1O29. 

As  between  defendants.  1915A,  982;  1917A, 
443. 

Right  to  enter  judgment  against  master  for 
wrongful  act  of  servant  where  verdict 
has  been  returned  in  favor  of  the  MT\- 
ant.  191 7E,  1023. 

Effect  on  liability  of  city  for  injury  of  ver- 
dict in  favor  of  an  individual  defendant. 
1915F,  797. 

—  persons  not  parties  or  notified. 

Conclusiveness  as  to  heir  not  a  party  of 
judgment  determining  domicil  of  intes- 
tate. 1917C,  171. 

Conclusiveness  of  order  in  condemnation 
proceedings  as  to  right  to  award,  on 
executor  of  claimant  who  made  no  ap- 
pearance and  had  no  notice  of  proceed- 
ing. 1917A,  685. 

In  proceeding  to  register  land  title.  1916D, 
4,  7. 

—  effect  of  notice  of  action. 

Conclusiveness  on  manufacturer  given  no- 
tice of  action  of  judgment  against  re- 
tailer for  injuries  due  to  article  sold. 
1915C,  336. 

—  principal  and  surety. 

Conclusiveness  as  to  surety  of  judgment 
against  principal  for  damages  in  injunc- 
tion suit.  1915A,  853. 

Conclusiveness  of  judgment  in  action  against 
administrator  of  contractor  in  subse- 
quent action  against  contractor's  sure- 
ty. 1916A,  881. 

The  lien. 

—  in  general. 

Effect    on,    of    discharge    in    bankruptcy. 

1916D,  113. 

When  lien  begins.     1916B,  648. 
Priority.     1916A,  779;   191 6B,  648;   1916D, 

661. 

—  on  what  property. 

Modifying  judgment  for  alimony  so  as  to 
make  it  a  specific  lien  on  after-acquired 
real  estate.  1917C,  1140. 

What  is  a  vested  interest  subject  to  lien  of 
judgment.  1915B,  340. 

Interest  of  vendee  in  possession  under  exec- 
utory contract  to  purchase.  1915B,. 
340. 

Tenancy  by  entireties.    1916D,  113. 


JUDGMENT. 


249- 


Foreign  judgments. 

—  in  general. 

Conclusiveness  of  foreign  judgment  by 
court  having  jurisdiction  of  the  sub- 
ject-matter and  of  the  parties.  1917E, 
490. 

Inquiry  into  merits  of  foreign  judgment. 
1917E,  490. 

Denial  of  full  faith  and  credit  by  exclusion 
of  foreign  judgment  from  evidence. 
1916A,  765. 

Annulment  of  marriage.     1917E,  490. 

—  of  sister  state. 

Annotations. 

Extraterritorial  effect  of  judgment  fix- 
ing domicil.  1917C,  1S5, 

Extraterritorial  effect  of  decree  of  di- 
vorce rendered  on  constructive 
service.  1917B,  1O32. 

Enforceability  in  other  state  of  judgment 
which  is  not  absolute  and  final.  1916B, 
1024. 

Allowance  by  courts  of  testator's  domicil  of 
inheritance  tax  after  decree  of  other 
state  discharging  administrator.  1915D, 
450. 

Jurisdictional  matters.  1915A,  1186; 
1917B,  1028;  1917C,  171;  1917F,  267, 
562. 

Probate  matters.     1917C,  171. 

Right  of  heirs  of  one  dying  seised  of  prop- 
erty in  several  states,  who  secured  judg- 
ment by  constructive  service  settling 
rights  to  property  located  at  their  dom- 
icil, to  make  such  judgment  basis  of 
proceedings  in  other  states  to  settle 
rights  to  property  there  located. 
1917C, 171. 

Effect  of  judgment  in  other  state  to  pro- 
tect garnishee.  1915E,  1017. 

Judgment  sustaining  right  of  benefit  society 
to  increase  its  rates.  1916A,  765,  77i. 

Decree  declaring  contract  void.     1915F,  984. 

Mother's  right  to  sue  for  negligent  killing 
of  son.  1915F,  736. 

In  divorce  suit.  1915B,  154,  674;  1915E, 
421;  1916B,  1024;  1917B,  1028. 

Conclusiveness  in  state  where  property  is 
situated,  of  decree  in  divorce  suit  in  one 
state  determining  title  to  real  property 
in  another.  1917F,  562. 

Effect  of  invalidity  of  foreign  decree  of  di- 
vorce on  liability  for  bigamy.  1915E, 
87. 

Discharge;  assignment. 

Consideration  for  assignment.    1917F,  1006. 

Effect  of  assignment  on  right  to  set  off  judg- 
ments. 1917F,  1006. 

Effect  on  garnishee's  rights  of  assignment 
to  him  of  a  judgment  against  the  debtor 
rendered  in  another  action.  1917F, 
1006. 

What  constitutes  satisfaction  of  judgment 
within  meaning  of  employer's  liability 
insurance  policy.  1916D,  395. 


Effect  of  voluntary  payment  and  satisfac- 
tion of  judgment  after  appeal  there- 
from. 1917A,  1157. 

Right  of  executrix  paying  judgment  to  cred- 
it therefor.  1917B,  1043. 

Enforcement. 

Execution  on,  see  EXECUTION. 
Sale  of  property,  see  JUDICIAL  SALE. 
Limitation  of  action  for,  see  LIMITATION  OP 
ACTIONS. 

Annotation*. 

Remedy  of  judgment  creditor  of  com- 
munity after  death  of  one  of  the 
spouses.  1917C,  5O2. 

Right  to  sue  upon  domestic  judgment 
upon  which  execution  may  be  is- 
sued. 1917A,  189. 

Pleading  in  action  to  enforce.     1916A,  1181. 

Presumption  as  to  validity  of  judgment  in 
suit  to  enforce  it.  1916A,  1181. 

Admissibility  of  evidence  in  proceeding  to 
subject  property  to  payment  of  judg- 
ment. 191GB,  1272. 

Prematurity  of  suit  to  subject  land  to  pay- 
ment of  judgment.  1916B,  1272. 

Right  to  maintain  action  on  judgment  not- 
withstanding execution  may  be  issued 
thereon.  1917A,  187. 

Revival. 

Necessity  of  reviver  of  judgment  against 
corporation  in  order  to  maintain  suit 
to  collect  amount  thereof  from  stock- 
holder. 1915B,  797. 

Time  for  revival  of  judgment  in  name  of 
personal  representative.  1916E,  735. 

Relief  against;  rehearing. 

—  in  general. 

Review  of  discretion  as  to,  see  APPEAL  AND 

EBROB. 
Setting    aside    judicial    sale,    see    JUDICIAL 

SALE. 
As  to  new  trial,  see  NEW  TRIAL. 

Arrest  of  judgment.  1916B,  1117;  1916C, 
1134;  1916D,  767. 

Presumption  on  appeal  from  order  refusing 
to  open.  1917C,  1190. 

Overruling  of  motion  to  vacate  judgment 
of  the  district  court  by  a  judge  of  that 
court  in  a  county  other  than  that  of 
the  court  over  which  he  presides. 
1917E,  359. 

Vacation  of  judgment  forfeiting  recog- 
nizance. 1916E,  595. 

—  grounds. 

Annotations. 

Attack  on  divorce  decree  for  other 
causes  than  lack  of  jurisdiction. 
1917B,  409. 

Reliance  upon  clerk  or  judge  for  infor- 
mation as  to  time  of  trial  or  hear- 
ing as  ground  of  relief  from  judg- 
ment. 1917C,  1193. 


250 


JUDGMENT-JUDICIAL  SALE. 


Judgment  outside  of  issues  and  upon  mat- 
ter not  submitted  for  determination. 
3917D,  1029. 

Insufficiency  of,  or  defects  in  complaint. 
1916E,  303. 

Wrongful  joinder  of  parties.     1916B,  883. 

Judgment  by  default.  1916F,  724,  837; 
1917C,  1190;  1917D,  880;  1917E,  1152. 

Surprise.     1916E,  100,  303;   1916F,  337. 

Fraud  or  perjury.  1915F,  820;  1916B,  883; 
1917B,  405;  1917D,  880. 

—  procedure. 

Remedy  of  one  against  whom  judgment  has 
been  wrongfully  entered  by  justice  of 
the  peace.  1915D,  427. 

—  time. 

Effect  of  delay  in  case  of  lack  of  knowledge 
of  entry  of  judgment.  1916F,  837. 

After  time  for  appeal  has  elapsed.  1916E, 
303. 

—  rehearing. 

When  divorce  becomes  final  so  as  to  be  be- 
yond reach  of  a  motion  for  rehearing. 
1917F,  974. 


JUDGMENT  IN  REM. 

Jurisdiction  to  render.    1917F,  562. 


JUDICIAL  EXAMINATION. 

Of  statute,  see  STATUTES. 


JUDICIAL  POWER. 

Delegation  of,  see  CONSTITUTIONAL  LAW. 
Encroachment     on,     see     CONSTITUTIONAL 
LAW. 


JUDICIAL   S£JLE. 

The  sale  generally. 
What  may  be  sold. 
Effect;   validity;   deed. 
Purchasers  and  their  rights  and  du- 
ties. 

Confirmation;  setting  aside. 
Redemption. 


The  sale  generally. 

Sale  of  decedent's  lands,  for  debts,  see  EXEC- 
UTORS AND  ADMINISTRATORS. 
On  foreclosure  of  mortgage,  see  MORTGAGE. 
By  receiver,  see  RECEIVERS. 
For  taxes,  see  TAXES. 

Validity  of  title  to  goods  seized  and  sold  by 
military  forces  in  foreign  court.  1917A, 
276. 


Injunction  against.     1915F,  1120. 
Injunction    against   suit    for    possession   of 

property  sold.     1916E,  1140. 
Appraisal  of  property.     1916E,  1140. 
Sufficiency  of  notice.     1916E,  1140. 

What  may  be  sold. 

What  may  be  levied  on,  see  LEVY  AND 
SEIZURE. 

Undivided' interest  of  partner.    1915F,  1279. 
Estoppel  to  attack  sale  of  exempt  property. 
1917F,  732. 

Effect;  validity;  deed. 

Annotations. 

Measure  of  restitution  where  property 
is  sold  under  a  judgment  or  order 
subsequently  reversed  without  in- 
tervening  supersedeas  or  stay. 
1917C,  1179. 

Effect  of  attachment  and  sale  of 
stranger's  property.  1917B,  4OO. 

Officer's  return  upon  judicial  sale  a.s  a 
Memorandum  satisfying  the  stat- 
ute of  frauds.  1917E,  899. 

Sale  under  void  process.     1917B,  395. 
Sale  under  erroneous  or  void  decree.    1917C, 

1176. 
Validity  of  sale  under  Statute  of  Frauds. 

1917E,  897. 
Injunction  against  delivery  of  deed.    1916E, 

303. 

Purchasers  and  their  rights  and  du- 
ties. 

Annotations. 

Right  of  purchaser  at  judicial  sale  of 
land  subject  to  a  mortgage  to  ques- 
tion the  validity  of  the  mortgage. 
1917C,  S3S. 

Right  of  plaintiff  in  a  suit  in  which  a 
decree  of  sale  was  rendered  to  as- 
sert, as  against  a  purchaser  there- 
under, a  title  or  interest  not  liti- 
gated in  the  suit.  1917C,  SS8. 

Execution  creditor  purchasing  at  his  own 
sale  as  bona  fide  purchaser  within 
meaning  of  recording  acts.  1916A,  588. 

Interference  with  rights  of  innocent  pur- 
chaser by  bill  to  review  decree.  1917A, 
671. 

Estoppel  to  assert  claim  to  property  as 
against  purchaser.  1917C,  838;  1917F, 
732. 

Validity  of  sale  of  crop  by  occupant  of  land 
as  against  purchaser  of  land  at  execu- 
tion sale.  1917C,  4. 

Right  of  mortgagee  bidding  in  equity  of 
redemption  at  execution  sale  under 
judgment  in  favor  of  stranger,  to  credit 
the  amount  of  his  bid  on  debt  secured 
by  his  mortgage.  1917E,  807. 

Right  of  purchaser  of  interest  of  partner  at 
judicial  sale  to  recover  amount  of  his 
bid  when  he  discovers  that  assets  of  the 
firm  are  insufficient  to  pay  partnership 
debts.  1916F,  1279. 


JUDICIAL  SALE— JURY. 


251 


Application    of    doctrine    caveat     emptor. 

1915E,  834. 
Effect  of  unknown  existence  of  public  right 

of  way  over  the  property.     1915E,  834. 

Confirmation;  setting  aside. 

Condition  to  setting  aside  tax  deed.    1915C, 

492. 
Inadequacy  of  price.     1916E,  1140. 

Redemptior. 

From  foreclosure  sale,  see  MORTGAGE. 


JUNK. 

Annotation. 

Constitutionality  of  statute  malting  the 
receiving  of  certain  kinds  of  prop- 
a   criminal    offense.      1917F, 


JUNKET. 

Annotation. 

Expenses  incurred  by  public  officials  or 
employees  in  attending  conventions, 
etc.,  as  a  proper  charge  on  public 
funds.  1917E,  332. 

Use  of  public  money  to  pay  expenses  of 
junket  by  public  officers.  1917E,  331. 


JURISDICTION. 

Of  admiralty,  see  ADMIRALTY.     '.'.  - 

Of  appellate  court,  see  APPEAL  AND  ERROR. 

Of  courts  generally,  see  COURTS. 

Of  consul,  see  DIPLOMATIC  AND  CONSULAR 
OFFICERS. 

In  divorce  suit,  see  DIVORCE  AND  SEPARA- 
TION. 

Of  equity,  see  EQUITY. 

Retention  of,  in  equity  case,  see  EQUITY. 

To  enter  judgment,  see  JUI^GMENT. 

To  appoint  receiver,  see  RECEIVERS. 

Sufficiency  of  service  of  process  to  confer, 
see  WRIT  AND  PROCESS. 

Effect  of  action  dismissed  for  lack  of  juris- 
diction to  toll  Statute  of  Limitations. 
3917C.  203. 

Waiver  of  objection  to,  by  appearance. 
1917D,  666. 

Inquiry  into  question  of,  on  habeas  corpus. 
1915E,  235. 

Collateral  attack  on  judgment  for  lack  of. 
1915B,  1149;  ]015C,  581;  191GD,  4,  7; 
1916E,  312;  1917B,  395;  1917C,  171. 

Prohibition  to  restrain  proceedings  because 
of  lack  of.  1916E,  1079. 

To  appoint  administrator.  1915D,  856; 
1916B,  794. 


JURI3DICTIONAL  AMOUNT. 

In  general.     1917B,  924. 
On  appeal.    1917B,  723. 


JURY. 

In  general. 
Right  to  trial  by. 

—  in   general. 

—  •when  right  exists. 

—  loss  or  waiver  of  right. 

—  denial  or  infringement  of  right. 
Impaneling;    selection;   competency. 

—  in   general.  I 

—  qualifications;   competency. 

—  examination. 


In  general. 

Prejudicial  error  in  matters  as  to,  see  AP- 
PEAL AND  ERROR. 

Review  of  discretion  as  to,  see  APPEAL  AND 
ERROR. 

As  to  grand  jury,  see  GRAND  JURY. 

New  trial  for  matters  pertaining  to,  see  NEW 
TRIAL. 

Questions  for,  see  TRIAL. 

Instructions  to,  see  TRIAL. 

Verdict  or  findings  of,  see  TRIAL. 

Annotation. 

Former  jeopardy  by  discharge  of  jury 
because  of  matter  affecting  wit- 
ness. 1917D,  114:8. 

Discharge  of,  as  bar  to  further  prosecution. 
1916E,  1264;  1917D,  1141;  1917E,  1085. 

Bribing  of  juror  as  contempt.     1917C,  845. 

Assault  on  juror  as  contempt.    1916D,  1190. 

Slander  by  charge  against  juror.  1915D, 
578. 

Affidavit  bv  juror  to  support  verdict. 
1915D,  569.  ^ 

Charging  jury  in  criminal  case  on  Sunday. 
1915D,  361. 

Prejudicial  error  in  conduct  of,  or  interfer- 
ence with.  1915C,  315;  1915F,  3; 
1917F,  210. 

Prejudicial  error  in  permitting  jury  to  sepa- 
rate. 1916B,  963. 

View  by.     191SF,  558. 

Right  to  submit  to,  question  of  punishment 
for  contempt.  1915D,  569. 

Right  to  trial  by. 

—  in  general. 

Trial  by  jury  as  one  of  the  rights  secured 
by  the  14th  Amendment  to  the  Federal 
Constitution.  1917D,  1. 

Right  to  jury  in  contempt  proceeding. 
1917E,  551. 

—  when  right  exists. 

Right  to  jury  to  try  case  in  which  defend- 
ant is  iii  default.  191 7C,  1190. 

In  bastardy  proceeding,  to  ascertain  ex- 
penses incident  to  birth  of  child. 
1917B,  1143. 


252 


JURY— JUSTIFIABLE  HOMICIDE. 


Right  to  jury  trial  of  party  ordered  to  in- 
terplead  and  whose  right  to  a  fund  paid 
into  court  depends  upon  the  power  of 
the  court  to  relieve  him  from  the  legal 
consequences  of  an  accepted  bid.  1917D, 
741. 

Right  to  jury  trial  on  question  of  validity 
of  insurance  policy  in  action  by  mort- 
gagee under  mortgage  clause.  1916A, 
784. 

In  proceeding  to  enjoin  violation  in  munic- 
ipal ordinance.  1915D,  209. 

In  proceeding  to  oust  public  officer.  1916D, 
1090. 

In  disbarment  proceedings.     1915D,  1218. 

•—  loss   or  waiver  of  right. 

By  acceptance  of  provisions  of  optional 
Workmen's  Compensation  Law.  1916D, 
412;  1917D,  15. 

—  denial  or  infringement  of  right. 

Annotations. 

Constitutionality     of    verdict     1>y     less 

than  all  the  jurors.     1917  A,   91. 
By      Workmen's     Compensation     Acts. 

1917D,    56. 
Effect  of  failure  to  swear  jury.  1917D, 

399. 

Right  of  appellate  court  in  reversing  judg- 
ment for  one  party  entered  upon  ver- 
dict which  should  have  been  directed 
for  the  other  party,  to  direct  that  the 
judgment  shall  be  entered  for  the  per- 
son for  whom  the  trial  court  should 
have  directed  the  verdict.  1917F,  167. 

Denial  of  right  to  trial  by  jury  by  Work- 
men's Compensation  Act.  1917D,  10, 
15. 

Failure  to  swear  jury  as  denial  to  right  of 
jury  trial.  1917D,  391. 

Number  of  jurors.     1917A,  86. 

By  imposition  of  indeterminate  sentence  by 
court.  1915F,  531. 

Refusal  of  demand  for  full  jury  panel  from 
which  to  select  jury.  1916A,  812. 

By  limiting  new  trial  to  question  of  dam- 
ages only.  1915E,  239. 

By  statute  permitting  less  than  unanimous 
verdict.  1917F,  367. 

By  change  of  venue.     1915F,  922. 

Power  of  .governor  to  establish  martial  law 
which  will  authorize  conviction  of 
civilian  for  crime  without  jury  trial. 
1915B,  988. 

Impaneling;   selection;    competency. 

—  in  general. 

Of  grand  jury,  see  GRAND  JUBT. 


Annotation. 

Effect      of      failure      to      swear 
1917D,    399. 


Preiudicial  error  i*i.     1916D,  5CfO. 
Sufficiency  of  record  on  appeal  10  show  im- 

paneling of  valid  jury.     1917A,  1226. 
Failure  to  swear  jury.     1917D,  391. 


Overruling    challenge    for    cause.      1916D,. 

590. 
Sufficiency  of  oath.     1917D,  391. 

—  qualifications;   competency. 

Of  grand  jury,  see  GRAND  JUBY. 

Withdrawal  of  case  from  jury  because  of 
partiality  of  a  juror.  1916E,  1264. 

Waiver  of  disqualification.     1916D,   820. 

Permitting  juror  to  testify  in  support  of 
his  own  competency.  1916E,  1264. 

Barring  citizens  from  jury  duty  because  of 
popular  demand.  1915A,  563. 

Bias.     1915D,  569;  1916E,  1264. 

—  examination. 

Permitting  juror  to  testify  in  support  of 
his  own  competency.  191 6E,  1264. 

Inquiring  whether  juror  is  a  stockholder  or 
agent,  or  interested  in  such  an  insur- 
ance company  in  action  in  which  de- 
fendant is  indemnified  by  employers'" 
casualty  company.  1915A,  153. 


JUSTICE. 

Obstruction  of,  see  OBSTRUCTING  JUSTICE. 


JUSTICE   OF   THE  PEACE. 

In  general. 
Liabilities. 

Jurisdiction;  procedure. 
Review;  appeal. 


In  general. 

Mandamus  to,  see  MANDAMUS. 

Liability  of  carrier  for  arrest  of  passenger 

by.     1916C,  439. 
Vacation  of  judgment  entered  by.     1915D, 

427. 

Liabilities. 

Annotation. 

Liability  for  false  imprisonment  of 
magistrate  failing  to  have  prisoner 
brought  before  him.  1917F,  429. 

Liability  for  false  imprisonment.  1916C, 
3295. 

Jurisdiction;  procedure. 

Jurisdiction  to  issue  warrant  of  arrest  up- 
on complaint  on  information  and  belief. 
1915B,  505. 


Review; 

Waiver  of  errors  below.     1916B,  686. 


4  «  » 


JUSTIFIABLE  HOMICIDE. 

See  HOMICIDE. 


JUSTIFICATION— LABOR  ORGANIZATIONS. 


253 


JUSTIFICATION. 

!For  assault,  see  ASSAULT  AND  BATTEBY. 
Admissibility   of   evidence   as   to,    see  EVI- 
DENCE. 

For  arrest,  see  FALSE  IMPRISONMENT. 
For  homicide,  see  HOMICIDE. 
Of  libel,  see  LIBEL  AND  SLANDER. 

^Annotation. 

Adultery  of  wife  with  consent  or  con- 
nivance of  husband  as  justifica- 
tion of  abandonment  or  nonsupport 
by  latter.  1917D,  64O. 

Presumption  and  burden  of  proof  as  to. 
1916C,  358. 


JUVENILE   OFFENDERS. 

tRight  of  legislature  to  require  municipality 
to  turn  over  a  portion  of  its  taxes  to 
county  to  assist  in  support  of  juvenile 
court.  1917D,  791. 


KEROSENE. 


Annotation. 
Keeping     of,     on 
1917C,  278. 


insured     premises. 


KEY. 

Sufficiency  of  delivery  of  gift  by  delivery 
of  key  to  room  in  which  gift  is  stored. 
1917D,  357. 


KIDNAPPING. 

'See  ABDUCTION  AND  KIDNAPPING. 


KNOWLEDGE. 


See  NOTICE. 


See  BRANDING. 


LABELS. 


LABOR  AND  MATERIAL. 

What  are  labor  and  material  within  mean- 
ing of  contractor's  bond,  see  BONDS. 


LABOR  CONTRACTS. 

Validity  of  statute  declaring  that  right  t6 
enter  into  labor  contracts  shall  no 
longer  be  a  property  right.  1915F,  831. 

Statute  forbidding  injunction  in  case  of 
threatened  violation  of  labor  contracts. 
1916F,  831. 


LABORERS. 

In  general,  see  MASTER  AND  SERVANT. 
Lien  of,  see  LIENS;  MECHANICS'  LIENS. 


LABOR  ORGANIZATIONS. 

Boycott  by,  see  BOYCOTT;  CONSPIBACY. 
Conspiracy  by,  see  CONSPIRACY. 

Annotations. 

Liability  of  labor  union  for  procuring 
one's  discharge  or  preventing  em- 
ployment. 1917C,  1O56. 

Right  of  labor  union  to  notify  person 
not  to  deal  with  certain  individuals. 
1917E,  391. 

Controversy  over  open  or  closed  shop 
as  justification  for  means  employed 
to  aid  strike.  1917F,  76O. 

Liability  of  master  for  intentional  Kill- 
ing or  injury  of  a  servant  by 
strikers.  1917F,  753. 

Libel  of  international  officer  of  labor  union. 
1917E,  510. 

Statute  forbidding  master  to  stipulate  that 
employee  shall  not  become  or  remain 
member  of  labor  organization.  1915C, 
960. 

Making  freedom  from  affiliations  with  labor 
unions  a  condition  of  employment  of 
teachers.  1917E,  1069. 

Refusal  of  injunction  against  blacklisting 
to  employee  who  has  participated  in 
unlawful  acts  of  labor  organization. 
1916C,  218. 

Validity  of  exclusion  of,  from  operation  of 
Federal  Income  Tax.  1917D,  414. 

Review  by  courts  of  expulsion  of  member. 
1917C,  1053. 

Validity  of  contract  between  employers  and 
labor  union.  1915A,  1217. 

Power  of  officers  to  contract  to  furnish 
union  labor  to  be  individually  per- 
formed by  members  of  the  union. 
1917F,  755. 

Effect  on  individual  members  of  union  of 
agreement  between  employer  and  labor 
union  that  only  union  labor  shall  be 
employed.  1917C,  1053. 

Extent  of  liability  of  members  of  Tinion 
who  refuse  to  work  for  an  employer 
until  he  signs  a  union  agreement. 
1917F,  755. 

Libel  in  charging  that  corporation  was  on 
the  unfair  list  and  had  its  advertising 
printed  in  scab  shops.  1916E,  667. 


254 


LABOR  ORGANIZATIONS— LANDLORD  AND  TENANT. 


Relief  under  pleadings   in  i-ijunction   suit 

against.     1917F,  755. 
Incorporated  labor  union  as  party  to  action 

to    enjoin    illegal    acts    by    members. 

1917F,  824. 
Statute    forbidding   injunction    in    case    of 

threatened  violation  of  labor  contracts. 

1916F,  831. 
Injunction    against    withdrawal    of    funds 

from  bank  by.    1915E,  1006. 
Injunction  against  picketing.     1917F,  824. 
Strike  as  conspiracy.     1916C,  218,  986. 
Injunction  against  strike  and  blacklisting. 

1917F,  755. 
Liability  for  injury  to  business  caused  oy 

threatened  strike.     1916C,  986. 
Liability  for  failure  to  notify  contractor  of 

change  in  wage  scale.     1915D,  1006. 


LABOR  UNIONS. 

See  LABOB  ORGANIZATIONS. 


LACHES. 

Estoppel  by,  see  ESTOPPEL. 

In  seeking  relief  from  judgment,  see  JUDG- 

MENT. 
To  bar  action,  see  LIMITATION  OF  ACTIONS. 


LAKES. 

Title  to  waters  of.     1917A,  1007. 

Title  to  land  under.     1916C,   139;    1917A, 

1007. 
Division    of    water    front    or    bed    between 

riparian  owners.     1917B,  783. 
Navigability  of.     1916C,  139. 


LAND  CONTRACT. 

See  VENDOR  AND  PURCHASER. 


LAND  DEPARTMENT. 

Disposal    by,    of    public    land,    see    PUBLIC 
LANDS* 

Relation  of  courts  to.     1916A,  1116. 


LANDLORD  AND  TENANT. 

In  general. 

Creation  and  existence   of  relation. 

Lease«- 

—  in   general. 

—  covenants. 

—  terms;    holding    over;    renewal. 

—  termination  of  lease;  forfeiture. 

—  assignment;    subletting. 


Rights  and  liabilities  of  parties  gen- 
erally. 

As  to  fixtures  and  property  on  prem- 
ises. 

Liability  of  landlord  or  his  agent  for 
defective  or  dangerous  prem- 
ises. 

—  to  third  persons  generally. 

—  to  tenant  and  his  family. 

—  to  guests  or  boarders  of  tenant. 

—  to  servants  of  tenant. 
At  to  rent. 

—  in  general. 

—  landlord's  lien. 

—  re-entry;  recovery  of  possession. 


In  general. 

Sufficiency  of  occupancy  of  homestead  by 
tenant.  1916A,  997*. 

Parol  evidence  in  action  on  covenant 
against  encumbrances  that  grantee 
agreed  to  take  property  subject  to 
lease.  1916E,  213. 

Agreement  of  one  giving  option  to  purchase 
his  real  estate  to  comply  with  terms  of 
a  lease  of  the  property.  1915A,  271. 

Creation  and   existence   of  relation. 

Definition  of  relation  of  landlord  and  ten- 
ant. 1917E,  298. 

When  relation  exists.  1915C,  601*  1917E, 
298. 

Attornment.     191 5C,  190. 

Leases. 

—  in  general. 

Lease  of  coal  mine,  see  MINES. 
Oil  and  gas  lease,  see  MIXES. 
Lease  of  railroad,  see  RAILROADS. 

Of  mine  generally.     1915B,  561. 

Validity  of  lease  under  Statute  of  Frauds. 
1915A,  288. 

Part  performance  to  take  lease  out  of  Stat- 
ute of  Frauds.  1917B,  141. 

Estoppel  of  lessor  to  deny  validity  of  lease. 
1915A,  288;  1915D,  467. 

Ratification  of  void  lease  or  one  made  by 
agent.  1915A,  288. 

Cancelation  of  lease  given  by  infant. 
1915E,  465. 

Novation  of  contract  of  lease.     1917C,  901. 

Specific  performance  of  provisions  of  lease. 
1917C,  809. 

Evidence  of  subsequent  oral  agreement  in 
action  for  breach.  1917B,  141. 

Measure  of  damages  for  fraud  in  inducing 
taking  of  lease.  1917B,  760. 

Estate  conveyed  by  lease-.     1017E,  298. 

Construction  of  lease  of  property  for  saloon 
business.  1917C,  931;  1917E,  777. 

Validity  of  lease  for  saloon.     101 7 K.  777 

Validity  of  provision  in  lease  of  town  lands 
that  lessor  will  pay  the  taxes.  1915C, 
698. 

Effect  of  acceptance  of  lease  by  mortgagor 
from  mortnasee  to  cut  off  right  of  re- 
demption. 1915B,  492. 

Consideration  for  option  to  purchase  insert- 
ed in  lease.  1915C,  367. 


LANDLORD  AND  TENANT. 


255 


Notice  of  tenant's  intention  to  exercise  op- 
tion to  purchase  given  by  lease.  1916F, 
352. 

Specific  performance  of  6ption  to  purchase 
contained  in  lease.  1915C,  367. 

— •  covenants. 

Binding  effect  of  covenant  on  assignee  of 
lessor.  1917A,  121. 

Implied  covenant  as  to  condition  of  prem- 
ises. 1917D,  1149. 

As  to  repairs.  191 6F,  1063,  1101,  1137, 
1149,  1155;  1917C,  387. 

Covenant  requiring  written  consent  of  lessor 
to  assignment.  1915E,  846. 

Breach  of  covenant  not  to  rent  another  store 
room  in  the  building  for  a  rival  busi- 
ness. 1915C,  854. 

Effect  of  landlord's  breach  of  covenant  on 
liability  for  rent.  1915C,  649;  1916F, 
1063. 

Breach  of  covenant  by  lessor  as  ground  for 
.rescission  of  contract  by  lessee.  1915C, 
854. 

Estoppel  to  set  up  lessor's  breach  of  cove- 
nant. 1916F,  1063. 

Waiver  of  covenant.     1915E,  846. 

—  terms;  holding  over;  renewal. 

Effect  of  holding  over  to  create  tenancy 
from  year  to  year.  1915C,  245;  1917D, 
512. 

Holding  over  as  creating  tenancy  from 
month  to  month.  1915A,  235. 

Holding  over  by  tenant  after  notice  of  in- 
tention to  quit.  1915A,  235. 

Optiiri  to  renew  as  a  covenant  running 
with  the  land.  1916E,  1227. 

Necessity  of  notice  of  intention  to  renew 
lease.  1916E,  1227. 

Compelling  landlord  to  execute  new  lease 
for  additional  period  on  tenant's  exer- 
cise of  option  to  renew.  191 6E,  1235. 

—  termination  of  lease;  forfeiture. 

Annotation. 

Effect  upon  lease  of  property  for  sa- 
loon purposes  of  passage  of  pro- 
hibitory laws  during  term.  1917C, 
935. 

Provision  that  lease  shall  terminate  upon 
sale  of  property  by  lessor  provided 
lessor  shall  pay  for  improvements. 
1915C,  234. 

Right  of  tenant  to  retain  possession  and 
sue  for  abatement  of  rent  on  theory  of 
partial  eviction.  1917F,  713. 

Eviction  by  failure  to  furnish  heat  and  elec- 
tric lights.  1916E,  739. 

Eviction  by  failure  to  comply  with  covenant 
to  keep  basement  water  proof.  1915C, 
649. 

Efi'cct  of  prohibition  law  on  lease  of  prop- 
erty for  saloon  business.  1917C,  929, 
931. 

Adoption  of  ordinance  making  bar  business 
illegal  as  eviction  ,of  tenant  leasing 
land  from  city  for  bathing  resort  with 
privilege  of  subletting  portion  for  bar 
purposes.  1917F,  713. 


Raising  of  rent  by  landlord  beyond  the 
means  of  the  tenant  as  an  eviction  un- 
der terms  of  special  agreement.  1917F, 
1086. 

Necessity  of  notice  of  intention  to  quit  to 
release  tenant  under  lease  from  month 
to  month.  1915A,  235. 

Breach  of  covenant  by  lessor  as  justifying 
tenant  in  surrendering  possession. 
1915C,  854. 

Waiver  of  forfeiture  of  lease.     1915B,  998. 

—  assignment;  subletting. 

Covenant  requiring  written  consent  of  lessor 

to  assignment.     1915E,  846. 
Effect    of    assignment    to    terminate    lease. 

1916F,  1149. 
Appointment  of  receiver  for  lessee  as  breach 

of     covenant    against     assignment    of 

lease.     1915B,  998. 
Effect  of  war  which  makes  lessee  an  alien 

enemy  to  suspend  his  remedies  against 

assignee  of  lease.     1917C,  644. 
Effect  of  assignment  of  lease  on  liability 

for    dangerous    condition    of    premises. 

1916F,  1149. 
Waiver    of    covenant    against    assignment. 

1915E,  846. 
Liability  for  rent  after  assignment.    1915E, 

846;   1917C,  644,  901;  1917D,  845. 

Rights  and  liabilities  of  parties  gen- 
erally. 

Annotations. 

Measure  of  damages  to  leasehold  from 
change  of  grade.  1917C,  428. 

Utilization  of  party  wall  by  lessee  as 
affecting  lessor's  duty  to  contribute 
to  cost  thereof.  1917B,  96O. 

Power  of  lessee  to  subject  owner's  in- 
terest to  mechanics'  lien.  1917V, 
577. 

Right  of  tenant  to  maintain  replevin 
for  crops.  1917C,  1114. 

Duty  of  tenant  to  repair  premises  used 
in  common.  1917C,  389. 

Effect  of  making  repairs  to  impose  on 
landlord  implied  duty  to  keep  the 
leased  premises  in  repair.  1917F, 
998. 

Right  of  tenant  icho  has  abandoned 
or  vacated  premises  to  increased 
rent  on  re-leasing  by  landlord. 
19171),  612. 

Liability  for  leased  railroads.     lb!7D,  344. 
Right  of  landlord  to  control  tenant.     1917E, 

238. 
Prejudicial  error  in  suit  to  prevent  lessor 

from    interfering    with    lease.      1915A, 

288. 

Estoppel  of  les?or.     1915A,  288. 
Estoppel    of   tenant.      1915E,    822;    1916E, 

696;  1916F,  1063. 
Effect  of  abandonment  of  premises.     1916F, 

1063;  1917D,  609. 
Application    to    dwelling    in    possession    of 

tenant  of  c^mption  of  dwelling  house 

from  condemnation.     1916A,  1079. 
Measure  of  recovery  by  tenant  in  eminent 

domain  proceedings.     1916C,  1090. 


256 


LANDLORD  AND  TENANT. 


Measure  of  damages  for  injury  to  lease- 
hold. 1917C,  420. 

As  to  repairs.  1917C,  387;  1917D,  1149; 
1917F,  997. 

Landlord's  duty  to  contribute  to  cost  of 
party  wall.  1917B,  949. 

Right  of  tenant  to  use  walls  of  huilding  for 
signs.  1915B,  1057. 

Lessee  as  agent  for  landlord  for  creation  of 
mechanics'  liens.  1917D,  575. 

Liability  of  vendor  to  vendee  for  improve- 
ments removed  by  tenant.  1917A,  415. 

Agreement  for  appraisal  of  premises  to  en- 
able lessee  to  exercise  option  to  pur- 
chase. 1917C,  809. 

Specific  performance  of  option  to  purchase 
contained  in  lease.  1915C,  367. 

Tender  of  amount  due  on  exorcise  by  lessee 
of  option  to  purchase.  1915F,  352. 

Effect  of  insertion  in  lease  of  option  to  pur- 
chase, to  work  a  conversion  of  the 
realty  into  personalty  in  case  lessor 
dies  before  exercise  of  option.  1917D, 
713. 

"When  lessor's  interest  is  converted  to  per- 
sonalty under  lease  giving  option  to 
purchase  on  notice.  1916F,  352. 

'Counterclaim  for  wrongful  eviction  in  ac- 
tion by  landlord  for  waste.  1916C,  491. 

Ac  to  crops.     1917C,  1111;  1917E,  298. 

As  to  taxes.     1915A,  334;  1916F,  204. 

{Right  of  tenant  to  damages  for  injury  to 
leasehold  by  change  of  grade  of  high- 
way. 1917C,  420. 

Right  to  recover  in  separate  action  damages 
for  loss  of  rent  caused  by  permanent  in- 
jury to  the  freehold.  1916E,  966. 

Eight  of  tenant  leasing  property  after  con- 
struction of  culvert  to  recover  for  in- 
jury inflicted  upon  him  by  subsequent 
overflow  of  water.  1916E,  962. 

Liability  of  landlord  to  electric  light  com- 
pany for  requiring  tenants  to  discon- 
tinue such  company's  service.  1916B, 
813. 

Refusing  water  to  tenant  because  of  unpaid 
dues  of  landlord  or  other  tenant. 
li/15A,  242;  1916E,  417. 

As  to  fixtures  and  property  on  prem- 
ises. 

As  to  what  arc  fixtures  as  between  landlord 
and  tenant,  see  FIXTUBES. 

Estoppel  of  tenant  as  to.     1915E,  822. 

False  representations  by  vendor  of  property 
in  possession  of  tenant  as  to  fixtures. 
1915F,  634. 

Authority  of  real  estate  agent  to  bind  prin- 
cipal by  representations  as  to  fixtures 
placed  on  property  by  tenant.  1915F, 
634. 

Right  of  tenant  to  remove  fixtures  as 
against  purchaser  of  property.  1915E, 
822. 

Tenant's  right  to  compensation  for  improve- 
ments. 1916E,  1235. 

Stipulation  that  landlord  may  sell  prop- 
erty and  terminate  lease  upon  paying 
for  improvements  by  tenant.  1915C, 
234. 


Trespass  de  bonis  asportatis  or  trover  for 
the  wrongful  removal  of  improvements 
by  tenant.  1915A,  654. 

Rigat  of  lessee  of  amusement  park  as  to 
trade  fixtures  placed  therein.  1915A, 
654. 

Liability  for  act  of  agent  in  removing  build- 
ings from  leasehold  or  injuring  them. 
1915A,  654. 

Liability  of  landlord  or  his  agent  for 
defective  or  dangerous  premises. 

—  to  third  persons  generally. 

Annotation. 

Liability  of  agent  of  leased  premises 
for  injuries  due  to  defects  there- 
in. 1917C,  S3. 

Review  on  appeal  of  verdict  in  action  for 
injury.  1316F,  1110. 

Evidence  in  action  for  injury.    1916F,  1110. 

Sufficiency  of  evidence  to  go  to  jury. 
I916F,  1110. 

Effect  of  transfer  of  reversion.    1915C,  190. 

For  injury  by  condition  of  stairway  con- 
trolled by  landlord.  1915B,  387; 
1916F,  1130,  1135. 

For  nuisances.     1915B,  364;  1915F,  700. 

Defective  elevator.     1915B,  364. 

Liability  for  injury  to  newsboy  visiting 
tenant.  1916F,  H10. 

Injury  to  patron  at  place  of  amusement. 
1915F,  700. 

To  licensee  of  tenant.     1916F,  1130,  1135. 

—  to  tenant  and  his  family. 
Negligence  of  landlord  as  to  elevators,  see 

ELEVATOBS. 

Annotations. 

Liability  of  agent  of  leased  premises 
for  injuries  due  to  defects  therein. 
1917C,  S3. 

Liability  of  landlord  to  tenant  for  dam- 
age by  u-ater.  1917B,  225. 

Liability  of  landlord  to  tenant  for 
damage  by  water,  due  to  faulty 
construction.  1917B,  236. 

Liability  of  landlord  to  tenant  for  loss 
due  to  bursting  ivater  pipes. 

1917B,     24:4:. 

Liability  of  landlord  to  tenant  for  sick- 
ness due  to  unsanitary  condition  of 
premises.  1917 A,  994. 

Liability  of  landlord  for  injuries 
caused  by  lack  or  insufficiency  of 
fire  escapes.  1917C,  1153. 

Question  for  jury  as  to  landlord's  negli- 
gence. 1915B,  98;  1917B,  222;  1917D, 
1149. 

Effect  of  assignment  of  lease  on  liability  for 
dangerous  condition  of  premises. 
1916F,  1149. 

Liability  of  landlord's  agent.  1915E,  721 ; 
19159,  566;  1917C,  77. 

Election  to  proceed  against  landlord  for 
injury,  a^  bar  to  action  against  land- 
lord's agent.  1917B,  222. 


LANDLORD  AND  TENANT. 


257 


Liability  of  independent  contractor.  1915E, 
766. 

Liability  of  workman  employed  to  do  repair 
work  for  injury  resulting  from  negli- 
gence in  doing  the  work.  1916F,  566. 

Husband's  liability  for  injury  to  tenant  of 
wife  by  negligence  as  to  elevator. 
1915D,  847. 

Effect  of  contributory  negligence.  1917A, 
993;  1917B,  238. 

Liability  for  lack  of  fire  escapes.  1917E, 
250. 

Due  to  failure  to  repair.  1915B,  324; 
1916F,  1149,  1155;  1917A,  993. 

Due  to  hidden  defects.     1916F,  1149. 

Defective  condition  of  porch.     1915B,  98. 

Condition  of  stairway.     1915B,  98. 

Injury  by  ice  on  sidewalk.     1915B,  324. 

Landlord's  duty  to  tenant  of  lower  story 
as  to  condition  of  upper  stories  of 
building  which  are  vacant.  1917B, 
222. 

Injury  to  property  by  negligence  as  to  part 
of  building  retained  by  landlord. 
1917D,  1149. 

Injury  uy  freezing  and  bursting  of  water 
pipes.  1917B,  238. 

Stipulations  exonerating  lessor  from  liabil- 
ity for  damage  from  leaky  pipes,  etc.; 
effect.  191 7B,  222. 

Injury  to  goods  by  leak  in  roof  due  to 
faulty  construction.  1917B,  235. 

—  to  guests  or  boarders  of  tenant. 

Proximate  cause  of  injury.     1915B,  364. 

Injury  by  structural  defect.  1916F,  1098, 
1101. 

Liability  of  owner  of  room  leased  for  ice 
cream  parlor  for  injury  to  patron  by 
defective  condition.  1916F,  1121. 

Injury  to  guest  as  result  of  negligent  per- 
formance by  landlord  of  his  gratuitous 
undertaking  to  repair  the  leased  prem- 
ises. 1916F,  1077. 

—  to  servants  of  tenant. 

Annotation. 

Liability  of  lessor  of  mine  under  Work- 
men's Compensation  Act  for  injury 
to  miners  therein.  1917  D,  145. 

Evidence  in  action  for  injury  to  servant  of 

tenant.     1916D,  311. 
Liability  of  landlord  after  sale  of  property. 

1915C,  190. 
Injury  through  breach  of  promise  to  repair. 

1916F,  1137. 
Injury  by  failure  to  furnish  heat.     1915C, 

390;  1916F,  1073. 
Death  of  servant  through  failure  to  replace 

carefully  an  unattached  covering  of  a 

cistern.    1916D,  1220. 

As  to  rent. 

—  in  general. 

Effect  of  termination  or  forfeiture  of  lease 
on,  see  supra. 

L.R.A.  Tri.  Index  1915-17.— 17. 


Annotations. 

Right  of  tenant  who  has  abandoned  or 
vacated  premises  to  increased  rent 
on  re-leacing  by  landlord.  1917D, 
612. 

Effect  of  re-entry  by  landlord  after 
bankruptcy  of,  or  assignment  for 
creditors  by,  tenant,  upon  latters' 
liability  for  subsequent  rent. 
19 17 A,  2O8. 

Under  oil  and  gas  lease.  1915D,  1186; 
1916B,  686. 

Rent  insurance.     1916F,  693. 

Duty  of  one  in  possession  of  land  under 
parol  contract  of  purchase,  to  account 
for  rent  upon  refusal  of  vendor  to  per- 
form. 1915E,  404. 

Acceptance  of  rent  from  assignee  as  a 
waiver  of  covenant  against  assignment 
of  lease.  1915E,  846. 

Waiver  of  right  to  declare  forfeiture  be- 
cause rent  is  in  arrears.  1915B,  998. 

Conflict  of  laws  as  to  validity  of  guaranty 
of  payment  of.  1917E,  777. 

Guaranty  by  brewing  concern  of  ler.3e  en- 
tered into  by  saloonkeeper.  1917E, 
777. 

Set-off  in  action  for  rent.  1916C,  491; 
1917B,  760. 

Amendment  of  answer  setting  up  a  counter- 
claim. 1917B,  760. 

Effect  of  war  which  makes  lessee  an  alien 
enemy  on  liability  for  rent.  1917C, 
644. 

Effect  of  transfer  of  reversion  by  landlord 
which,  by  terms  of  lease,  terminates 
it.  1915C,  234. 

Right  of  tenant  who  has  abandoned  prem- 
ises to  recover  increased  rents  ob- 
tained by  landlord  under  new  lease. 
1917D,  609. 

Right  of  tenant  to  retain  possession  and  sue 
for  abatement  of  rent  on  theory  of  par- 
tial eviction.  1917F,  713. 

Necessity  of  notice  of  intention  to  quit  t& 
release  tenant  under  lease  from  month 
to  month.  1915A,  235. 

Right  of  brewing  company  to  avoid  liabil- 
ity for  rent  of  premises  leased  for 
saloon  business  on  the  ground  that  it 
cannot  legally  engage  in  that  business. 
1917C,  929. 

Abatement  of  rent  of  bathing  resort  leased 
with  privilege  of  operating  bar  where 
change  of  law  makes  operation  of  bar 
illegal.  1917F,  713. 

Breach  of  covenant  by  landlord  as  defence 
to  liability.  1915C,  649;  1916F,  1063. 

After  destruction  of  the  property.  1916F, 
276. 

After  retaking  possession.     191 7A,  205. 

Provisions  in  lease  accelerating  maturity  of 
future  rents  and  giving  lessor  right  to 
possession  upon  default  in  payment,  or 
upon  insolvency  of  lessee,  as  alternative 
or  concurrent.  1916B,  1099. 

Liability  of  assignor.  1917C,  644,  901; 
1917D,  845. 

Liability  of  assignee  of  lease.     1915E,  846. 

Wife's  liability  for  rent  of  family  home. 
1917F,  860. 


258 


LANDLORD  AND  TENANT— LATERAL  SUPPORT. 


—  landlord's  lien. 

Waiver  of  landlord's  lien  for  rent  by  con- 
sent to  sale  of  tenant's  property. 
1915C,  166. 

Priority  between  landlord's  lien  and  chattel 
mortgage.  1916F,  446. 

Right  of  keeper  of  apartment  house  to  lien 
on  baggage  and  furniture  of  tenants. 
1915F,  664. 

—  re-entry;  recovery  of  possession. 

Annotation. 

Effect  of  re-entry  by  landlord  after 
bankruptcy  of,  or  assignment  for 
creditors  by,  tenant,  upon  latter'8 
liability  for  subsequent  rent. 
1917A,  208. 

Right  of  assignee  of  the  reversion  to  enter 
because  of  rent  unpaid  at  time  of  the 
assignment.  1915C,  245. 

Re-entry  because  of  arrest  and  imprison- 
ment of  lessee.  1917F,  626. 

Provisions  in  lease  accelerating  maturity  of 
future  rents  and  giving  lessor  right  to 
possession  upon  default  in  payment,  or 
upon  insolvency  of  lessee,  as  alternative 
or  concurrent.  1916B,  1099. 

Counterclaim  for  conversion  of  property  of 
tenant  upon  re-entry  by  landlord  in  ac- 
tion for  rent  and  waste.  1916C,  491. 


LAND  UNDER  WATER. 

See  WATKBS. 

4*» 


LAPSING. 

Of  legacy,  see  WILLS. 


LARCENY. 

Insurance  against  theft,  see  INSUBANCE. 

Annotation. 

Title  of  one  who  takes  money  from  a 
thief  or  embezzler.  19 17 A,  7O7. 

Probable  cause  for  prosecution  for.     1915D, 

16;   1916F,  192. 
Theft    from    passenger    on    sleeping    car. 

1915B,  621. 
Master's    liability    for    theft    by    servant. 

1915C,  712. 
Contract    that    consumer    served    through 

prepayment  gas  meter   shall  bear   loss 

by  theft  from  meter.     1915A,  1208. 
Rights  of  transferee  of  stolen  note.     1915E, 

351. 
How   sums  stolen  by  bookkeeper  should  be 

charged    in    determining    compensation 

of  manager  entitled  to  one-half  yearly 

net  profits.     1917D,  426. 


Validity  of  statute  aimed  to  prevent  lar- 
ceny of  cattle.  1915B,  213;  1917A, 
1185. 

Loss  by  theft  of  goods  stolen  while  in- 
sured was  removing  them  from  threat- 
ened destruction  by  fire.  1917D,  1091. 

Indictment  for.    1915B,  71;  1916F,  90. 

Sufficiency  of  indictment  for  robbery  to  sup- 
port conviction  for  larceny.  1915C, 
121. 

Plea  of  former  jeopardy  in  prosecution  for. 
1915C,  627. 

Admissibility  of  demonstrative  evidence. 
1915E,  848. 

Opinion  evidence  in  prosecution  for.  1915E, 
848. 

Admissibility  of  admissions  in  prosecution 
for.  1916B,  844. 

Relevancy  of  evidence  generally  in  prosecu- 
tion for.  1915B,  71. 

Sufficiency  of  proof  in  prosecution  for. 
1916B,  844. 

Evidence  as  to  identity  of  property  stolen. 
1915E,  848. 

Existence  of  trust  in  property  stolen. 
1915B,  442. 

Intent  to  steal  as  necessary  ingredient  of. 
1917F,  540. 

Appropriation  of  proceeds  of  check  honest- 
ly received  after  notice  that  by  mistake 
it  was  too  large.  191 6C,  580. 

Obtaining  title  to  horse  by  promise  to  ex- 
ecute mortgage  on  it  to  secure  purchase 
price  and  failing  to  comply  with  prom- 
ise. 1916E,  768. 

Larceny  of  cow  where  the  hide  only  is  taken 
after  killing  the  cow.  191 5E,  848. 

Of  property  found.     1916A,  465. 


LARD. 

Interstate  sales  of.    1916E,  380. 

Requiring    iard   to   be    sold    in    containers 

containing  a  certain  amount  net  weight. 

1916E,  380. 


LAST  CLEAR  CHANCE. 

See  NEGLIGENCE. 


LATERAL  SUPPORT. 

Annotation. 

Removal  of,  as  constituting  damage  or 
injury  within  meaning  of  constitu- 
tional provision  against  taking, 
damaging,  or  injuring  property 
for  public  use  without  compensa- 
tion. 1917E,  576. 

Right  to  compensation  for  injury  to  lateral 
support  by  negligent  construction  of 
SL.ver  trench.  1917E,  574. 


LAUNDRY— LEGACY. 


259 


LAUNDRY. 

What  constitutes  violation  of  ordinances 
regulating  carrying  on  of  laundry  busi- 
ness within  city.  1917B,  341. 


LAW. 

Common  law,  see  COMMON  LAW. 
Of  place,  see  CONFLICT  OP  LAWS. 
Presumption  as  to,  see  EVIDENCE. 

Necessity  of  pleading.     1916C,  767. 
False  representations   as   to   law   of   other 
state.     1915A,  675. 


LAW  OF  PLACE. 

See  CONFLICT  OF  LAWS. 


LAW  OF  THE  CASE. 

Decision  on  former  appeal  as.  1915D,  817; 
1915F,  13;  1916A,  519;  1916C,  803; 
1917D,  666,  802;  1917E,  539. 


LAW  OF  THE  ROAD. 

Liability  for  injury  by  violation  of.  1915E, 
1028;  1916A,  744,  943;  1917C,  477. 

Application  of,  to  automobile  turning 
around  in  street.  1915D,  628. 


LAWYERS. 

See  ATTOBNEYS. 


LEADING  QUESTIONS. 

To  witness.     1917D,  591. 


LEAD  POISONING. 

Eecovery  for  injury  by,  under  Workmen's 
Compensation  Act.    1916A,  283;  1916B, 
•    1277;  1916E,  510. 


LEASE. 

In  general,  see  LANDLORD  AND  TENANT. 
Of  coal  mines,  see  MINES. 
Oil  and  gas  lease,  see  MINIS. 
Of  railroads,  see  RAILROADS. 


Annotation. 

Lease  of  its  property  as  affecting  lia- 
bility of  foreign  corporation  to 
franchise  tax  or  tax  upon  privilege 
of  doing  business  within  the  state. 
1917D,  1O  73. 

Effect  of  lease  of  property  of  foreign  corpo- 
ration to  other  company  on  its  liability 
for  taxes.  1917D,  1070. 

Validity  of  provision  in  lease  of  town  lands 
that  lessor  will  pay  the  taxes.  1915C, 
698. 

Liability  of  owner  of  steam  roller  for 
fright  of  horse  thereby  while  roller  is 
in  possession  of  municipality  under 
lease.  1917B,  699. 

Effect  of  acceptance  of  lease  by  mortgagor 
from  mortgagee  to  cut  off  right  of  re- 
demption. 1915B,  492. 

Liability  for  injury  to  passenger  on  train 
operated  by  lessee.  1916D,  514. 

Parol  evidence  that  grantee  agreed  to  take 
property  subject  to  lease.  1916E,  213. 

Of  oyster  bed ;  impairment  of  contract  rights 
of  lessee.  1915E,  443. 

Of  mine  generally.     1915B,  561. 

Of  infant's  land.     1915E,  465;   1916F,  493. 


LEASEHOLD. 

In  general,  see  LANDLORD  AND  TENANT. 

Annotation. 

Measure    of    damages    for    injury    to, 

from,    change    of    grade.      1917C, 

428. 

Mortgage  of  leasehold  for  years.  1917C, 
628. 

Right  of  tenant  to  recover  damages  for  in- 
jury to.  1917C,  420. 

Measure  of  damages  for  injury  to.  191 7C, 
420. 

Measure  of  damages  on  condemnation  of. 
1916C,  1090;  1916D,  713. 

Evidence  on  question  of  damages  for  in- 
jury to,  by  change  of  street  grade. 
1917C,  420. 


LEAVE  OF  COURT. 

For  suit  against  receiver.  1915B,  998; 
1915D,  98;  1917D,  1002. 

Right  of  receiver  to  appeal  without  permis- 
sion of  court.  1915D,  802. 


LEGACY. 

In  general,  see  WILLS. 


260 


LEGAL  PAPERS— LEGITIMATION. 


LEGAL   PAPERS. 

Annotation. 

Typewritten,  printed,   or  stamped  sig- 
nature  of.    1911B,    285. 


LEGAL  PROCEEDINGS. 

Injunctions  against,  see  INJUNCTION. 


LEGAL  REPRESENTATIVES. 

See  EXECUTORS  AND  ADMINISTRATORS. 


LEGATEES. 

Annotation. 

Liability  to,  for  mutilation  or  spolia- 
tion of  will.  1917B,  558. 

Liability  of  legatee  of  drug  store  for  debts 
contracted  in  the  course  of  its  business. 
1917D,  426. 

Liability  to,  for  mutilation  of  will.  1917B, 
556. 


LEGISLATIVE  AUTHORITY. 

Right  to  compensation  for  injury  by  gar- 
bage incinerator  authorized  by  legisla- 
ture. 1917B,  329. 

defense  to  nuisance.  1915B,  1207; 
1916C,  1260;  1917B,  329;  1917C,  1046; 
1917D,  317. 


As 


LEGISLATIVE  JOURNALS. 

See  STATUTES. 


LEGISLATURE. 

In  general. 

Relation  of  courts  to,  see  COURTS. 

Presumption  as  to  regularity  of  action  by. 
1917B,  710. 

Presumption  that  legislature  intended 
statute  to  operate  as  it  does  in  fact 
operate.  1917D,  740. 

Definition  by,  of  terms  of  statute.  1917A, 
1116. 

Legislative  intent  as  guide  to  interpreta- 
tion of  statute.  1915C,  898;  1916E, 
602;  1917 A,  1116;  1917C,  897.. 


Authority  from,  to  maintain  nuisance. 
1915B,  1207;  1916C,  1260;  1917B,  329; 
1917C,  1046;  1917D,  317. 

Duty  of  legislature  consolidating  different 
departments  to  apportion  fees  for  in- 
spection. 1917D,  746. 

Powers. 

Delegation  of,  see  CONSTITUTIONAL  LAW. 
Usurpation   of,   see   CONSTITUTIONAL   LAW. 
Police  power,  see  CONSTITUTIONAL  LAW. 
As  to  courts,  see  COURTS. 
As  to  public  funds,  see  PUBLIC  MONEYS. 
Power  to  regulate  rates,  see  RATES. 
As  to  taxes,  see  TAXES. 
Regulation  or  control  of  public  waters,  sec 
WATERS. 

Annotation. 

Power  of  legislative  tody  to  punish 
for  contempt.  1917F,  288. 

Inherent  powers  of.     1917C,  1034. 

Power  over  municipality.  1915C,  261; 
1915D,  927;  1916D,  913;  1917A,  1244; 
1917D,  791. 

Power  to  authorize  municipality  to  create 
and  abolish  its  municipal  offices  and 
to  define  the  powers  and  duties  of  the 
incumbents.  1916D,  913. 

Power  to  repeal  law  enacted  upon  people's 
initiative.  1917B,  1. 

Power  to  create  militia  and  establish  courts 
martial.  1915E,  235. 

Powers  as  to  raising  of  revenue.  1915D, 
322. 

Power  to  exempt  from  taxation  state  pub- 
lic building  bonds.  1917B,  294. 

Power  to  authorize  appeal  to  courts  from 
county  board  of  equalization.  1915B, 
875. 

Amendment  to  state  Constitution  denying 
to  legislature  power  to  enact  prohibi- 
tory liquor  law.  1917B.  7. 

Control  over  public  highways.     1917E,  456. 

Power  to  impose  lien  upon  automobile  for 
injury  done  by  it.  1917E,  925. 

Power  to  prescribe  rules  of  evidence. 
1916C,  278;  1917B,  710;  1917D.  15. 

Power  as  to  nuisances.     1917F,  1076. 

Power  to  require  company  to  raise  its  serv- 
ice rates  from  those  fixed  in  municipal 
franchise.  191 5C,  287. 

Power  to  grant  suffrage  to  women.  191 5B, 
247. 

Power  to  appoint,  by  joint  resolution,  com- 
mittee to  exist  beyond  adjournment  of 
legislature.  1915E,  496. 

Power  to  pay  expense  of  committee  out  of 
contingent  fund  of  legislature.  1915E, 
496. 

Right  to  divert  proceeds  of  county  bonds. 
1915D,  274. 

Power  to  forl>id  existence  of  Greek  letter 
fraternities  in  institutions  for  learning. 
1915D,  588. 


LEGITIMATION. 

Of  illegitimate  child,  see  PARENT  AND  CHILD. 


LESSOR— LIBEL  AND   SLANDER. 


261 


LESSOR. 

In  general,  see  LANDLORD  AND  TENANT. 


LETTERS. 

As  evidence,  see  EVIDENCE. 

Admissibility  of  parol  evidence  of  contents. 
1917D,   529. 


LEVEES, 

Annotation. 

What  property  other  than  realty  may 
be  assessed  for  the  construction  and 
maintenance  of  levees.  191T/F, 
1OO3. 

Assessment   of  personal   property  for   cost 

of  levee.     1917F,  999. 
Rignt  to  compensation  for  property  taken 

or  damaged  in  construction  of.    1916F, 

1181,  1194. 
Review  by  court  of  finding  of  engineers  as 

to  necessary  height  of.     1916F,  1181. 


LEVY   AND    SEIZURE. 

In  general. 

What  property  subject. 
Mode  and  sufficiency. 

Effect;  rights  and  liabilities  growing 
ont  of  levy. 

—  in   general. 

—  of   officer  levying. 
Discharge;  extinguishment. 


In  general. 

Sale  under,  see  JUDICIAL  SALE. 
Levy  of  tax,  see  TAXES. 

Injunction  against.     1916A,  965. 
Parol  evidence  as  to  ownership  of  property 
levied  on.    1916A,  588. 

What  property  subject. 

As  to  exemptions,  see  EXEMPTIONS;  HOME- 
STEAD. 

Property  subject  to  garnishment,  see  GAR- 
NISHMENT. 

On  interest  of  remainderman  under  devise 
for  life  with  remainder  to  child  of  life 
tenant.  1916B,  1139. 

Seizure  under  execution  against  agent  of 
title  to  chattel  placed  in  agent  to  en- 
able him  to  transfer  the  property  to  a 
purchaser.  191 6A,  588. 

Foreign  railroad  cars.     3915D,  838. 

Property  in  hands  of  executors.  1915D, 
1064. 


Mode  and  sufficiency. 

Raising  objection  to  client's  right  to  prop- 
erty for  first  time  on  appeal.  1916A, 
588. 

Attachment  of  potatoes  in  car.  1915F, 
1184. 

Effect;  rights  and  liabilities  growing 
out  of  levy. 

—  in  general. 

Annotation. 

Levy  upon  property  as  including  sub- 
sequent increase  thereof.  19 nil, 

94:4=. 

—  of  officer  levying. 

Liability  of  marshal  seizing  boat  in  ad- 
miralty proceedings  for  loss  thereof. 
1915A,  193. 

Liability  for  damages  for  detention  of 
exempt  property  levied  on  with  other 
property  where  execution  defendant 
failed  to  make  selection  of  the  exempt 
property  out  of  the  entire  lot.  1915D, 
381. 

Discharge;  extinguishment. 

Loss  of  attachment  on  potatoes  in  car  where 
keeper  permits  car  to  be  taken  away  by 
train  crew  without  notifying  them  of 
attachment.  1915F,  1184. 


LEWDNESS. 

As   to   disorderly   houses,    see   DISORDERLY 
HOUSES. 

As  nuisance.     1916C,  651. 
Indictment  for.     1915F,  640. 
Instruction  in  prosecution  for  resorting  to 
house  for  purpose  of.     1916D,  767. 


LIBEL  AND  SLANDER.      . 

In  general. 
Who  liable. 
What  actionable. 

—  in   general. 

—  charging    lewdness.     bad     char- 

acter,  crime,   etc. 

—  damaging         business;          social 

standing. 

—  •words   about   officials   or   candi- 

dates. 

—  privileged  communications. 

—  what   constitutes  a  publication. 
Actions;    defenses. 

—  in   general. 

—  who  may  recover. 

—  defenses;  justification. 
Criminal  responsibility. 


In  general. 

Conspiracy    in     oirculating    libelous    state- 
ment.    1917C,  65. 


262 


LIBEL  AND  SLANDER. 


Effect  of  proceeding  against  attorney  for 
criminal  libel  on  right  to  disbar  him 
for  the  same  offense.  1915D,  1218. 

Who  liable. 

Liability  of  corporation  for.     1916E,   771; 

1917D,  559. 
Liability  of  master  for  act  of  servant  or 

agent.    1915D,  867 ;  1917D,  55S. 

"What  actionable. 

—  in  general. 

tnmitiit  inns. 
Defamation  of  deceased  person.   1917C, 

615. 
Words  used  as  mere  words  of  abuse. 

917D,  2O5. 

Libel  by  falsely  ascribing  matter  to  an- 
other. 1917F,  1O93. 

Malicious  defamation  of  historical  char- 
acter. 1917C,  610. 

Comments  upon  a  truthful  publication  of 
the  utterances  of  another,  intended  to 
hold  him  up.  to  public  ridicule.  1917D, 
855. 

Liability  of  clergyman  for  refusing  the  sac- 
raments. 1916D,  371. 

Reply  by  seller  of  hay  to  claim  of  shortage 
by  attorney  for  buyer,  that  it  is  a  case 
where  the  buyer  wishes  to  get  an 
allowance  on  a  car  of  hay.  1915E, 
275. 

Charging  juror  with  returning  verdict 
which  he  knew  to  be  wrong.  1915D, 
578. 

Effect  of  failing  to  name  corporation  in  libel 
plainly  aimed  at  it.  19^GE,  667. 

—  charging    lewdness,    bad    character, 

crime,  etc.      . 

Privilege  as  to,  see  infra. 

Annotation. 

Imputing  sedition  or  disloyalty.  1917D, 
£61. 

Words  having  a  tendency  to  degrade  or  dis- 
grace person,  or  to  render  him  ridicu- 
lous or  contemptible.  1916E,  667. 

Charging  one  with  being  a  spreader  of  dis- 
trust, discontent,  and  sedition.  1917D, 
855. 

—  damaging  business;  social  standing. 

Annotation. 

What  words  uttered  concerning  clergy- 
men are  actionable  per  se.  1917F, 
551. 

By  charging  discharged  employee  with  be- 
ing an  agitator.  1916D,  587. 

Giving  name  of  slow-pay  patients  to  list 
prepared  by  medical  association. 
1916B,  915. 

Statement  to  plaintiff  in  presence  of  others 
that  defendant  wanted  him  to  pay  his 
honest  debts.  1915E,  455. 


Charging  that  corporation  placed  negro 
foreman  as  boss  over  white  girls. 
1916E,  667. 

Charging  that  corporation  was  on  the  un- 
fair list  of  union  labor  and  had  its  ad- 
vertising printed  in  scab  shops.  1916E, 
667. 

Charging  that  corporation  pays  less  wages 
than  its  rivals,  or  that  the  'sanitary 
conditions  of  its  factory  are  not  good. 
1916E,  667. 

Mailing  by  a  business  rival  to  a  person 
whose  wife  is  critically  ill,  of  under- 
taker's card  signed  by  his  name. 
1917F,  1088. 

Publishing  fact  that  charges  against  a  min- 
ister were  read  and  by  unanimous  vote 
sustained  by  a  church  conference  and 
that  the  church  had  withdrawn  fellow- 
ship from  him.  1917F,  548. 

—  words  abont  officials  or  candidates. 
Juror  as  an  officer  within  rule  that  it  is 

slanderous  to  impute  unfitness  for  office 
or  employment.     1915D,  578. 

—  privileged  communications. 

As  to  what  constitutes  publication  depriv- 
ing statement  of  privilege,  see  infra. 

Annotations. 

Privilege  of  communications  by  or  to 
school  authorities  regarding  con- 
duct of  pupil  or  teacher.  1917D, 
784:. 

Privilege  of  comment  upon  conduct  of 
citizen  deemed  to  be  acting  in  op- 
position to  public  welfare.  1917E, 
516. 

Privilege  as  to  proceedings  of  grand 
jury.  1917F,  765. 

Communication  by  principal  of  school  to 
keeper  of  boarding  house  for  students 
in  regard  to  student.  1917D,  779. 

Letter  to  county  superintendent  of  schools 
charging  impropriety  of  pupil.  1915A, 
104. 

Newspaper  comment  upon  acts  of  citizen 
deemed  contrary  to  interests  of  the 
town.  191 7E,  510. 

Statement  by  father  of  one  who  had  aban- 
doned his  wife  to  father  of  the  latter. 
1915 A,  572. 

Communications  to  sheriff  charging  com- 
mission of  felony.  1915E,  413. 

Privilege  of  reply  by  seller  of  hay  to  claim 
of  shortage  made  by  buyer's  attorney. 
1915E,  275. 

Privilege  of  master  in  answering  inquiry  as 
to  charactc-  of  servant.  1915C,  774. 

Report  by  grand  jury,  unaccompanied  by  in- 
dictment, upon  conduct  of  official. 
1917F,  761. 

Words  used  in  judicial  proceedings.  1915C, 
986;  1915D,  578;  1915E,  1051;  1916E. 
779. 

—  what  constitutes  a  publication. 
Statements  made  in  presence  of  third  per- 
son.    1915E,  131. 


LIBEL  AND  SLANDER— LICENSE. 


263 


Actions;  defenses. 

—  in  general. 

As  to  pleading,  see  PLEADING. 

Appealability  of  action  for  slander.    1915E, 

455. 
Publications  of  libel  in  different  "ditions  of 

newspaper  as  distinct  causes  of  action. 

1916A,  1074. 
Presumption  and  burden  of  proof.     1915A, 

404;   191 5C,  774;   1917F,  761. 
Admissibilily    of    evidence    in    action    for. 

1915C,   774;    1915E,   131,   413;    1917D, 

855. 
Right  of  witness  in  libel  suit  to  state  how 

the   libel   seemed   to    make   the   person 

libeled  feel.     1917D,  855. 
Necessity     of     proving     special     damage. 

1916B,  915. 

Necessity  of  proving  malice.     1915A,  104. 
Sufficiency  of  proof  of  malice.     1915A,  104. 
Refusal    of     instruction     as     to     damages. 

1915E,  413. 
Necessity     of     pleading     special     damages. 

1916E,  667. 

—  who  may  recover. 

Right  of  corporation  to  maintain  action  for 
libel.     1916E,  667. 

—  defenses;    justification. 

Privilege  as  defense,  see  supra. 

Annotation. 

Fact    that   ^vords    otherwise    actionable 

were    used    merely    as    words    of 

abuse.     1917D,  205. 

Right  of  free  speech  as  defense  to.     1917D, 

192. 
Absence  of  malice;  good  motive.    1917C,  65; 

1917F,  761. 
Truth  or  belief  in  truth.    1917C,  65;  1917D, 

855. 
Defense   that  words   were   intended   merely 

as  abuse  and  not  to  charge  commission 

of  crime.     1917D,  199. 

Criminal  responsibility. 

Sufficiency   of    verdict   in    prosecution    for. 
1916F,  960. 


LIBERAL,  CONSTRUCTION. 

Of  statutes,  see  STATUTES. 


LIBERIA. 

Trust  to  provide  means  to  transport  colored 
persons  to.     1917C,  937. 


LIBERTY  OF  CONTRACT. 

Constitutional  guaranty  of  freedom  of  con- 
tract, see  CONSTITUTIONAL  LAW. 


LIBRARY. 

Effect  of  acquisition  of  lot  for  library  pend- 
ing determination  of  contingency  upon 
which  testator  has  devised  lot  for  a  li- 
brary building,  to  defeat  the  devise. 
1916F,  787. 


LICENSE. 

From  private  persons. 

From  public;  of  right  to  do  business. 

—  in  general. 

—  power  as  to,  generally. 

—  on  what  business. 

—  uniformity    and    equality;    dis- 

crimination. 

—  reasonableness;  amount. 


From  private  persons. 

To  use  patented  article,  see  PATENTS. 

Negligence  as  to  licensee  generally,  see  NEG- 
LIGENCE. 

Injury  to  licensee  on  railroad  track,  see 
RAILROADS. 

To    run    motor    car    over    railroad    tracks. 

1915E,  1170. 
Injury   to   licensee   by   electricity.      1915A, 

ulOj  1915B,  1127;  1915E,  316. 
Landlord's   liability  for   injury   to   licensee 

of  tenant.     1916F,  1130,  1135. 
Revocation.     1917D,  344. 

From  public;  of  right  to  do  business. 

—  in  general. 

License  laws  as  affecting  interstate  com- 
merce, see  COMMERCE. 

Constitutionality  of  statute  as  to,  see  CON- 
STITUTIONAL LAW. 

To  foreign  corporations,  see  CORPORATIONS. 

To  use  streets  generally,  see  HIGHWAYS. 

As  to  marriage  license,  see  MARRIAGE. 

Annotation. 

Effect    of   devise    or   beque't   of   shop, 

store,   or  business  to  pass  license. 

1917D,   439. 

Gross  production  tax  as  a  business  or  occu- 
pation tax.  1916F,  141. 

Local  and  special  legislation  as  to.  1916E, 
1146. 

Judicial  power  to  review  municipal  action 
as  to.  1916C,  224;  1916D,  246. 

Prescriptive  period  for  license  tax.  1915F, 
1140. 

Liability  for  violation  of  license  law. 
1917C,  528. 

Duty  of  state's  attorney  to  prosecute  ac- 
tions to  recover  fines  for  failure  to  pro- 
cure license.  1917B,  176. 

Who  may  enjoin  operation  of  unlicensed  jit- 
ney'busses.  191 6B,  1143. 

Effect  of  failure  to  procure  license  on  lia- 
bility for  negligent  injury.  1916E, 
1216,  1222. 


264 


LICENSE— LIENS. 


Effect  of  operating  automobile  without  li- 
cense on  right  to  recover  for  injury. 
1915D,  628. 

Validity  of  contract  by  unlicensed  person. 
1915B,  851. 

Liability  for  killing  unlicensed  dog.  1917F, 
434. 

Sufficiency  of  proof  in  action  for  penalty 
for  transacting  business  without  license. 
1915D,  260. 

Criminal  liability  of  agent  for  conducting 
business  of  principal  without  license. 
1915A,  106. 

Right  to  revoke  license  for  erection  of  gaso- 
lene pump  in  street.  .1917F,  1004. 

Revocation  of  physician's  license.  1915A, 
691;  1916D,  436. 

Liability  for  conspiracy  of  persons  petition- 
ing for  revocation  of  license.  1916D, 
391. 

Injunction  ag'inst  revocation  of  license. 
1916JC,  224. 

—  power  as  to,  generally. 

Constitutionality  of  statute  as  to,  see  CON- 
STITUTIONAL LAW. 

Annotation. 

May  a  license  -for  a  bank  be  refused  up- 
on general  considerations  of  public 
policy.  1917D,  316. 

Delegation  of  power  as  to.  1915B,  151; 
1916E,  1146;  1917D,  996. 

Construing  act  empowering  municipality  to 
license  so  as  to  sustain  act.  1915B, 
1097. 

Statutory  power  to  license  theatricals, 
shows,  and  amusements  as  including 
power  to  impose  license  tax  on  golf 
course.  1917E,  314. 

Right  of  municipality  to  refuse  license  for 
picture  show  within  200  feet  of  church 
under  charter  authority  to  regulate 
amusements.  1916D,  95. 

Power  to  require  license  under  charter  au- 
thority to  regulate  occupations.  1915D, 
260. 

Exacting  bond  for  protection  of  persons  or 
property  as  condition  to  issue  of  license 
to  operate  jitney  bus.  1915F,  850. 

—  on  -what  business. 

Of  dentists,  see  DENTISTS. 

For  use  of  jitney  bus  on  city  streets,  see 

JITNEY  BUSSES. 
Of  physician   or   surgeon,   see  PHYSICIANS 

AND  SUBQEONS. 

Annotation. 

Requiring  license  for  sale  of  milk. 
1917C,  245. 

Requiring  Federal  license  for  sale  of  anti- 
hog-cholera  serum.  1916F,  136. 

On  golf  course  to  which  entrance  fee  is 
charged.  1917E,  314. 

For  dealing  in  corporate  or  quasi  corporate 
securities.  1917F,  514. 

On  foreign  insurance  company.    191 5E,  708%. 


Business   of   keeping  hotel,   lodging   house, 

etc.     1915B,  1097. 

'Employment  agencies.     1916E,  1146. 
Trading  stamps.     1915B,  241. 
Messenger  business.     1915D,  260. 
Peddlers.     1916B,  1291. 
Vehicles.    1915F,  840;  1917B,  553. 

—  uniformity    and    equality;    discrim- 

ination. 

Special  and  local  legislation  as  to.     1916E, 

1146. 
Discrimination    against    nonresidents    and 

aliens  by  license  statute.     1915B,   151. 
Tax  on  motor  vehicles  graduated  according 

to  the  power  of  the  machines.     1915D, 

322. 

—  reasonableness;  amount. 

Annotation. 

Validity  of  license  tax  on  sale  of  non- 
intoxicating  beverages  as  affected 
by  amount.  1917C,  463. 

For  sale  of  sweet  cider  by  keeper  of  restau- 
rant. 1917C,  460. 

Graduating  license  tax  on  automobiles  ac- 
cording to  horse  power  of  the  machine. 
1917B,  553. 

Tax  on  right  to  use-motor  vehicles  on  high- 
way in  excess  of  cost  of  policing  the 
highways.  1915D,  322. 

Pro  rata  tax  under  statute  fixing  fee  at 
certain  amount  per  annum  where  busi- 
ness is  conducted  for  part  of  year  only. 
1916E,  1146. 

Instances  of  amount.  1916D,  246,  1146; 
1917C,  460;  1917E,  314. 


LICENSEE. 

Injury  to  licensee  on  railroad  track,  see 
RAILROADS. 

Negligence  toward,  generally,  see  NEGLI- 
GENCE. 

Annotation. 

Duty  of  licensee  as  to  railroad  fences. 
1917A,  539. 

Injury    to,    by    electricity.      1915 A,    510; 

1915B,  1127;  1915E,  316. 
Landlord's  liability  for  injury  to  licensee  of 

tenant.     1916F,  1130,  1135. 


LIENS. 

In  general. 

Priorities. 

Loss;   waiver;   discharge. 


In  general. 

Of  attorney,  see  ATTORNEYS. 
Of  carrier,  see  CARRIERS. 


LIENS— LIFE  TENANTS. 


265 


Of  chattel  mortgage,  see  CHATTEL  MORT- 
GAGE. 

On  corporate  stock,  see  CORPORATIONS. 

Of  innkeeper,  see  INNKEEPERS. 

Of  landlord,  see  LANDLORD  AND  TENANT. 

Maritime  liens,  see  MARITIME  LIENS. 

Of  mechanic  or  materialmen,  see  MECHAN- 
ICS' LIENS. 

Of  mortgage,  see  MORTGAGE. 

Subrogation  to,  see  SUBROGATION. 

Of  tax,  see  TAXES. 

Of  vendor,  see  VENDOR  AND  PURCHASER. 

Annotations. 

Constitutionality  of  statute  Diving  lien 

on  automobile  for  injury  done  by 

it.     1917E,  928. 
Who    is    a    "farm"    or    "agricultural" 

laborer  within  statute  giving  lien. 

1917D,  382. 

Sufficiency  of  title  of  statute  creating  lien. 
1917E,  925. 

Effect  of  adoption  of  Constitution  on  rights 
of  city  under  lien.  1917D,  365. 

Modifying  judgment  for  alimony  so  as  to 
make  it  a  specific  lien  on  after-acquired 
real  estate.  1917C,  1140. 

Cancelation  of  lien  on  land  given  to  secure 
payment  of  money  under  contract 
against  public  policy  at  suit  of  person 
in  pari  delicto.  1916D,  722. 

Effect  of  institution  of  bankruptcy  proceed- 
ings to  destroy  jurisdiction  of  state 
court  over  proceedings  to  enforce  a  stat- 
utory lien.  1916E,  303. 

Relief  against  judgment  in  action  to  estab- 
lish. 1916E,  303. 

Collateral  attack  on  judgment  foreclosing 
lien  on  real  estate.  193  6E,  303. 

Lien  for  amount  which  cotenant  should  con- 
tribute for  expenses  paid  by  other  co- 
tenant.  1915B,  961. 

Lien  of  creditors  of  insolvent  on  proceeds 
of  insurance  with  which  he  has  prom- 
ised to  pay  them.  1917 B,  130. 

Of  state  on  assets  of  insolvent  bank  in 
which  public  money  has  been  deposited 
without  authority.  1916C,  1. 

Lien  of  state's  attorney  upon  fines  collect- 
ed by  him.  1917B,  176. 

For  compensation  for  injury  to  abutting 
property  by  location  of  railroad  in 
street.  19151),  397. 

For  labor;  who  is  a  "farm  laborer."  1917D, 
377. 

Of  bank  on  deposit.     1915A,  728. 

On  future  wages  assigned  by  employee. 
1916E,  247. 

Power  of  legislature  to  impose  lien  upon 
automobile  for  injury  done  by  it,  al- 
though machine  was  at  the  time  of  the 
injury  in  possession  of  a  stranger. 
1917E,  925. 

Priorities. 

Lien  of  chattel  mortgage,  see  CHATTEL 
MORTGAGE. 

Lien  of  mechanic  or  materialmen,  see  ME- 
CHANICS' LIENS. 

Impairing  obligation  of  contract  by  statute 
as  to.  1916E,  524. 


Power  of  legislature  to  impose  on  auto- 
mobile lien  for  injuries,  superior  to- 
that  of  a  chattel  mortgage  executed 
after  the  passage  of  the  statute  but 
before  the  injury  is  done.  1917E,  925. 

Giving  lien  on  cattle  taken  damage  feasant 
priority  over  recorded  liens  on  the  ani- 
mals. 1916E,  524.  . 

Priority  between  lien  on  automobile  for  in- 
jury done  by  it  and  rights  of  condi- 
tional vendor.  1916F,  935. 

Priority  of  lien  for  purchase  money  paid, 
on  default  of  vendor,  over  subsequent 
mortgage.  1916F,  430. 

For  labor  and  repairs.  191 5D,  1141,  1146, 
1149. 

Loss;  waiver:  discharge. 

Waiver    of    purchaser's    lien    for   purchase 

money     paid    on    default    of    vendor. 

1916F,  430. 


LIFE  ESTATE. 

Creation  of,  by  deed,  see  DEEDS. 
Creation  .of,  by  will,  see  WILLS. 
In  general,  see  LIFE  TENANTS. 


LIFE  INSURANCE. 

See  INSURANCE. 


LIFE  TABLES. 

Admissibility    in    evidence.      1915D,    334; 
1915F,  558. 


LIFE  TENANTS. 

In  general. 

Possession,     enjoyment,     and     nse     of 
property. 

—  in  general. 

—  corporate      stocks      and     bonds; 

dividends. 
Liability  for  expenses,  stc. 


In  general. 

Adverse   possession    against   remaindermen, 

see    ADVERSE    POSSESSION. 
By  curtesy,  see  CURTEST. 
As   to    life    estates   generally,    see    DEEDS; 

WILLS. 

Effect  on  remainder  estate  of  refusal  of  life 
tenant  to  accept  deed.  1915A,  671. 

Estoppel  of  heirs  of  remainderman  by  his 
acts.  1916B,  1139. 

Right  of  life  tenant  to  recover  damages  to 
both  life  estate  and  remainder  in  case 
of  negligent  injury.  1916A,  787. 


266 


LIFE  TENANTS— LIMITATION  OF  ACTIONS. 


Duty  of  trustee  directed  to  collect  income  of 
property  and  pay  it  to  a  life  tenant,  to 
convert  stock  into  other  securities 
which  will  produce  an  income  without 
consuming  the  estate.  1915A,  738. 

Right  to  charge  debt  of  life  tenant  to  the 
estate  against  the  remaindermen  in 
case  it  is  not  collected  during  the  life- 
time of  life  tenant.  1917D,  563. 

Collusiveness  of  decree  as  to  payment  of 
debt  which  the  will  made  a  charge  on 
the  share  of  the  life  tenant.  1917D, 
563. 

When  limitation  of  actions  begins  to  run 
against  remaindermen.  1917E,  266. 

Effect  of  death  of  life  tenant  to  stop  run- 
ning of  Statute  of  Limitations  against 
remaindermen.  1917E,  1103. 

Loss  of  corporate  stock  to  remaindermen 
by  wrongful  transfer  to  life  tenants. 
1917E,  266. 

Possession,  enjoyment,  and  use  of 
property. 

—  in  general. 

Purchase  by  remainderman  at  tax  sale. 
1915E,  343. 

Lability  of  life  tenant  for  selling  timber 
from  the  property.  1915B,  219. 

Right  of  estate  of  life  tenant  under  devise 
for  life  of  retail  business  to  the  differ- 
ence in  value  of  the  stock  at  the  time 
he  received  possession  and  at  the  time 
of  his  death.  1915C,  846. 

—  corporate    stocks    and    bonds;    divi- 

dends. 

Right  to  distributive  share  of  assets  of  cor- 
poration received  on  dissolution  of  the 
company.  1916A,  718. 

Stock  dividends.  1916A,  718;  1916B,  626; 
1916D,  201. 

Cash  dividends.    1915A,  738. 

Liability  for  expenses,  etc. 

Taxes  and  assessments.    1915E,  343. 


LIGHT. 

As  to  electric  lights,  see  ELECTRIC  LIGHTS. 

• 

Annotations. 

Street  lighting  as  a  local  improvement 
assessable  against  property  bene- 
fited. 1917A,  1O98. 

Duty  owed  to  others  by  one  bl'nded  by 
light  on  highway.  1917E,  1O45. 

Easement  of.     1915D,  1115;  1917 A,  524. 

Absence  of,  in  street.     1915A,  325. 

At  railroad  crossing.     1915A,  363. 

On  train  passing  over  crossing.    1917C,  784. 

Duty  of  master  to  maintain  light  on  low 

'bridge.     1915F,  838. 
Failure  to  light  bridge  as  proximate  cause 

of  injury.     1917C,  203. 
On  car  platform  to  show  space  between  cars. 

1916D,  1109. 
Special     assessments     for     street     lighting. 

1917A,  1093. 


LIGHTNING. 

Insurance  against.    1917F,  1061. 

Recovery    under    Workmen's    Compensation 

Act  for  death  by.    1916A,  339,  342,  344. 
Opinion  evidence  that   fire  was  caused  by 

lightning      following      electric      wire. 

1915A,  1045. 


LIGHTNING  RODS. 

Confining  licenses  to  sell  lightning  rods  to 
residents  of  the  state.  1917C,  528. 

Liability  for  selling  without  license.  1917C, 
528. 


LIMITATION   OF   ACTIONS. 

Limitation   in   general. 
Laches,  equitable  remedy. 

—  in  general. 

—  as  to   land. 

Bar  of  prior  or  other  claim,  or  of  por- 
tion of  claim  or  defense. 
By  and  against  whom  available. 
To  what  claims  applicable. 
When  statute  runs. 

—  in  general. 

—  contracts;  mortgages. 

—  corporations;  officers  and  s.ock- 

holders. 

—  fraud;  concealment. 

—  torts;     negligence;     injuries     to 

person  or  property;  crimes. 

—  suits  relating  to  real  property. 

—  decedents'  estates;  executors  and 

administrators. 
"When  action  is  barred. 

—  contracts. 

—  torts;  negligence. 

—  suits  relating  to  real  property. 

—  taxes. 

Interruption    of    statute;    removal    of 
bar. 

—  in  general. 

—  by   suit. 

—  by  payment  or  promise. 


Limitation  in   general. 

Adverse  possession,  see  ADVERSE  POSSES- 
SION. 

Stipulation  in  carrier's  contract  as  to  time 
of  commencing  suit  for  injury  to  or  loss 
of  goods,  see  CARRIERS. 

Easements  created  by  prescription,  see 
EASEMENTS. 

Time  to  present  claims  against  decedent's 
estate,  see  EXECUTORS  AND  ADMIN- 
ISTRATORS. 

Contractual  limitation  for  actions  on  poli- 
cies of  insurance,  see  INSURANCE. 

Prescriptive  rights  as  to  waters,  see 
WATERS. 


LIMITATION   OF   ACTIONS. 


267 


Annotation. 

Availability  of  plea  of  limitation  and 
plea  to  the  merits  against  the  same 
cause  of  action.  1917C,  71. 


Conflict  of  laws  as  to.    191 5C,  976. 

Constitutionality  of  statute  as  to.  1915E, 
675. 

Negation  of  defense  of.     1915E,  1192. 

Raising  defense  of,  by  demurrer.  1917F, 
935. 

Agreement  by  property  owner  to  waive 
statutory  limitation  of  public  improve- 
ment assessments.  1917F,  493. 

Payment  of  mortgage  barred  by  limitations 
as  condition  of  decree  quieting  title  as 
against  mortgagee.  1916B,  1218. 

Time  to  present  claim  against  decedent's 
estate.  1915B,  797;  1915D,  754. 

Laches,  equitable  remedy. 

—  in  general. 

Estoppel  by  laches,  see  ESTOPPEL. 
In  seeking  relief  from  judgment,  see  JUDG- 
MENT. 

Annotation- 
Effect   of   laches   in   attaching   divorce 
decree.     1917B,   5O3. 

Raising  defense  of  laches  for  first  time  on 
appeal.  1917A,  685. 

Delay  in  asserting  right  against  vendor  of 
dentistry  business  contracting  not  to 
re-engage  therein.  1917B,  267. 

Effect  of  inaction  or  delay  by  public  officers 
on  right  of  state  to  recover  inheritance 
tax.  1917E,  1160. 

Imputing  laches  to  the  state.    1915A,  715. 

Effect  of  laches  on  right  to  injunction. 
1915A,  615;  1916C,  1260;  1917B,  267. 

Effect  of  delay  for  five  years  to  apply  for 
benefit  of  bequest.  1915B,  1156. 

Of  street  contractors  in  attempting  to  re- 
move pavement  not  accepted  by  city. 
1915B,  173. 

Delay  in  issuing  execution.     1915B,  797. 

—  as  to  land. 

Estoppel  by  laches,  see  ESTOPPEL. 

Annotation. 

Effect  of  laches  of  mortgagee  on  right 
to  reinstatement  of  mortgage  re- 
leased or  discharged  by  mistake. 
1917  E,  1O58. 

Effect  of  delay  in  bringing  action  for  can- 
celation  of  contract  for  purchase  of 
land  while  parties  are  negotiating  in 
attempt  to  settle  their  differences  out 
of  court.  1917F,  744. 

Suit  to  recover  from  one  claiming  tax  title. 
1916A,  999. 

Laches  in  seeking  a  rescission  of  land  con- 
tract. 1916C,  996. 


Bar  of  prior  or  other  claim,  or  of  por- 
tion of  claim  or  defense. 

Annotations. 

Right  of  surety  to  indemnity  from 
principal  or  contribution  from  co- 
surety as  affected  by  the  fact  that 
an  action  by  the  creditor  against 
the  principal  or  cosurety  would  be 
barred.  1917F,  1O74. 

Lien  of  corporation  upon  stock  as  af- 
fected by  bar  of  limitations  against 
action  on  debt  of  stockholder. 
1917F,  11OO. 

Right  of  surety  compelled  to  pay  the  debt 
of  his  principal  to  contribution  from 
cosurety  in  other  state  whose  liability 
is  barred  by  the  law  of  his  domicil. 
1917F,  1065. 

Enforcement  by  corporation  of  its  lien  on 
.stock  and  dividends  for  claim  barred 
by  limitations.  1917F,  1100. 

Effect  of  bar  of  debt  and  mortgage  on  right 
to  exercise  power  of  sale  in  mortgage. 
1916B,  1209. 

Effect  of  bar  of  action  by  person  injured  on 
administrator's  right  to  maintain  ac- 
tion for  his  death.  1915E,  1178,  1185. 

By  and  against  whom  available. 

State  institutions.     1916E,  94. 
United  States.     1916B,  734. 
Counties.     1916E,  92. 
Foreign  corporation.     1915C,  544. 

To  ivliat  claims  applicable. 

Proceeding  to  disbar  attorney.    191 5D,  1218. 
Bar  of  interest  on  award  in  eminent  domain 
proceedings.     1916C,  1106. 

When  statute  rnns. 

—  in  general. 

Is  action  governed  by  statute  in  force  in 
territory  at  time  judgment  was  ob- 
tained in  territorial  court  or  by  stat- 
ute which  became  applicable  on  admis- 
sion of  state  to  Union.  1917A,  187. 

Against  right  of  contractor  to  remove  pave- 
ment for  which  he  has  not  been  paid. 
1915D,  173. 

Against  claim  for  contribution  by  cotenant 
for  taxes.  1915B,  961. 

—  contracts;  mortgages. 

When  limitations  begin  to  run  against 
rights  under  novation  contract.  1915B, 
1. 

Claim  for  continuous  services  rendered 
under  contract.  1916D,  1260. 

Contract  to  render  services  for  compensa- 
tion to  be  made  at  death  of  person 
served.  1917A,  1. 

Claim  of  attorney  discharged  before  comple- 
tion of  services  for  which  employed. 
191 7F,  402. 

Action  for  breach  of  warranty  on  sale. 
1916F,  810. 


268 


LIMITATION   OF   ACTIONS. 


—  corporations;  officers  and  stockhold- 

ers. 

Annotations. 

Limitation  of  actions  against  directors 
of  corporation  for  malfeasance  or 
nonfeasance.  1917 A,  9SO. 

Accrual  of  right  of  action  to  put  Stat- 
ute of  Limitations  into  operation  as 
to  stockholders'  liability  for  corpo- 
rate debts.  1917E,  397. 

Action  against  bank  directors  for  loss  due 
to  their  negligence.  1917A,  971. 

Action  for  wrong  transfer  of  corporate 
stock  to  life  tenant  so  that  it  is  lost 
to  the  remaindermen.  191 7E,  266. 

Liability  of  stockholders.     1917E,  393. 

—  fraud;  concealment. 

Annotation. 

Concealment  or  ignorance  of  cause  of 
action  as  suspending  Statute  of 
Limitations  against  the  action  for 
personal  injuries  or  death.  1917B, 
1259. 

Concealment  of  material  facts  preventing 
discovery  of  wrong.  1917C,  1253. 

Mere  failure  to  disclose  that  a  cause  of  ac- 
tion exists.  1917B,  1253. 

Action  of  gas  company  whose  negligence 
causes  explosion  in  preventing  investi- 
gation as  fraud.  1917B,  1253. 

Secret  removal  of  ore  beyond  boundary  line 
of  mine  as  fraud.  1917C,  113. 

Effect  of  fraud  preventing  action  under  Fed- 
eral Employers'  Liability  Act  within 
prescribed  time.  191 7E,  322. 

False  assurance  by  carrier  that  no  rebates 
were  being  given  as  fraud.  1917F,  414. 

—  torts;  negligence;  injuries  to  person 

or  property;   crimes. 

Tort  of  corporate  officer,  see  supra. 

Annotation. 

When  statute  commences  to  run 
against  physician  or  surgeon  for 
malpractice.  1917C,  1172. 

Action  against  sheriff  for  failure  to  return 

attachment.     1915D,  1163. 
Action  under  Federal  Employers'  Liability 

Act.    1916E,  1Q95. 
Action    for    sickness    caused    by   nuisances. 

1916E,  960. 

Injury  by  explosion  of  gas.     1917B,  1253. 
Action  for  malpractice.     1917C,  1169. 

—  suits  relating  to  real  property. 

Annotation. 

When  does  statute  begin  to  run  against 
action  based  upon  removal  of  min- 
erals from  real  estate.  1917C,  116. 

Action  for  wrongful  removal  of  ore.  1917C, 
113. 


When  limitations  begin  to  run  in  favor 
of  grantee  of  husband's  interest  in  ten- 
ancy by  entireties  against  the  wife, 
where  parties  are  divorced  after  con- 
veyances made.  1917D,  736. 

—  decedents'     estates;    executors     and 

administrators. 

Authority  of  administrator  to  waive  bar  of 
statute  so  as  to  set  new  date  from 
which  statute  would  begin  to  run. 
1915B,  1016. 

When  action  is  barred. 

—  contracts. 

Action  for  return  of  money  paid  upon  re- 
scission of  contract.  1916F,  430. 

Action  for  breach  of  saloonkeeper's  bond. 
1916E,  269. 

—  torts;  negligence. 

Action  for  damages  for  personal  injuries. 
1917B,  1253. 

Action  for  injury  to  servant.     1016F,  949. 

Statute  providing  that  where  time  limited 
for  commencement  of  personal  injury 
action  which  survives  shall  not  naTC 
elapsed  at  the  time  of  the  decease  of 
the  one  in  whose  favor  the  claim  exist- 
ed, the  term  of  one  year  from  the  time 
of  such  decease  shall  be  allowed  to  in- 
stitute suit.  1917D,  809. 

Claim  for  malicious  prosecution  of  civil  ac- 
tion. 1915B,  1179. 

—  suits*  relating  to  real  property. 

Creating  easement  by  prescription,  see 
EASEMENTS. 

When  action  to  assert  right  under  fifty- 
vear  option  for  mining  lease  is  barred. 
1917D,  900. 

When  suit  by  remaindermen  to  recover  land 
is  barred.  1917E,  1103. 

Limiting  damages  for  continuing  mrsance 
to  injury  caused  within  limitation  pe- 
riod. 1916E,  974. 

—  taxes. 

Statute  requiring  officers  to  commence  pro- 
ceedings to  collect  inheritance  tax 
within  certain  time  as  a  statute  of 
limitations.  1917E,  1160. 

Computation  of  prescriptive  period  for  li- 
cense tax.  1915F.  1140. 

Interruption  of  statute;  removal  of 
bar. 

—  in  general. 

Effect  of  bank's  right  to  apply  deposit  on 
note  to  toll  running  of  limitations. 
1915E,  794. 

Effect  of  adjudication  in  bankruptcy  to  in- 
terrupt running  of  limitations.  1915B, 
1221. 

—  by  suit. 

Annotations. 

Failure  of  action  because  planted  in 
u-rong  court  as  ground  for  tolling 
limitation  statute.  1917C,  2O8- 


LIMITATION  OF  ACTIONS— LOAN. 


269 


Right  of  one  creditor  to  intervene  in 
another  creditor's  action  after  the 
period  for  beginning  such  action 
has  expired.  1917D,  885. 

Effect  of  action  dismissed  for  lack  of  juris- 
diction to  toll  statute.  1917C,  203. 

Right  of  one  creditor  to  intervene  in  a  pend- 
ing action  by  another  creditor,  after 
the  period  for  bringing  such  action  has 
expired.  1917D,  882. 

Amendments.  1916B,  910;  1916D,  316; 
1917F,  414. 

—by  payment  or  promise. 

Payment.    1915B,  1221;  1915E,  794;  1916A, 

731. 
Promise  or  acknowledgment.     1915B,  1016; 

1916A,  731? 


LIMITATION   OF  INDEBTEDNESS. 

Of   municipal    corporation,    see   MUNICIPAL 

CORPORATIONS. 
Of  school  district,  see  SCHOOLS. 

Of  county.     1916F,  892. 

Of  corporation,  liability  of  officers  for  ex- 
cess.    1915D,  1028;    1916C,  189. 


LIMITATION    OF    LIABILITY. 

% 

Of  carrier,  see  CARRIERS. 

Of  shipowner,  see  SHIPPING. 

By  telegraph  company,  see  TELEGRAPHS. 

Conflict  of  laws  as  to.     1916B,  637,  1041. 
On  insurance  policy  where  there  are  other 
policies  on  the  property.     1916F,  992. 


LIMITATION  OVER. 

Validity  of,  see  PERPETUITIES. 


LIQUIDATED  DAMAGES. 

See  DAMAGES. 


LIS  PENDENS. 

Abatement     by     pendency     of     action,     see 
ABATEMENT  AND  REVIVAL. 


LIST. 

Of    property    by    taxpayer.      1915C,    929; 
1915F,  648. 


LITERACY  TEST. 

Statute  prescribing  literacy  test  for  voters. 
1916A,  1124. 


LIVERY  STABLE. 

As  a  nuisance.     1917E,  366. 

Condition  in  deed  against  conducting  livery 

stable  on  premises.     191 5A,  679. 
Payment  of  board   furnished   to  horses   as 

condition  precedent  to  action  to  recover 

possession.    1916B,  748. 
Priority  between  chattel  mortgage  on  horses 

and  lien  for  their  board.    191 6B,  748. 
Liability  of  one  hiring  a  team  with  driver, 

for  injury  to  animals  by  negligence  of 

driver.    1916F,  1036. 


LIVE  STOCK. 

In  general,  see  ANIMALS. 
Transportation  of,  see  CARRIERS. 

Liabilitv    for    false    pretenses    in    selling. 
1916C,  1101. 

*-•-• 


LOAN. 

By  building  and  loan  associations,  see 
BUILDING  AND  LOAN  ASSOCIATIONS. 

Damages  for  breach  of  contract  for,  see 
DAMAGES. 

Usurious   loans,    see   USURY. 

Annotation. 

Effect  of  loan  as  working  forfeiture  of 

options     under     insurance     policy. 

1911A,  1241. 

Distinction  between  bailment  and  loan. 
1915F,  90. 

Effect  of  loan  to  insured  to  work  forfeiture 
of  option  for  extended  insurance. 
1917A,  1237. 

Power  of  corporation  to  loan  money. 
1917B,  814. 

Failure  of  money  lender  to  comply  with 
statute  as  invalidating  loan.  1915B, 
851. 

Lack  of  mutuality  in  contract  to  lend 
money.  1916F,  501. 

Nature  of  action  for  breach  of  contract  to 
lend  money.  1916F,  501. 

Lending  money  to  competitor  of  covenantee 
as  breach  of  covenant  not  to  engage  in 
business.  1915B,  1204. 

Lien  of  homestead  for  money  loaned  to  re- 
tire purchase  money  notes.  1915E,  875. 

Duress  in  demanding  premium  for  accept- 
ance of  sum  due  on  long  time  loan  and 
release  of  security.  1915B,  4PS. 

Power  of  trustee  of  insolvent  to  loan  funds 
of  trust.  1916C,  6. 

General  deposit  by  trustee  as  a  loan  of  the 
trust  funds.  "1916C,  6. 


270 


LOAN— LONGSHOREMEN. 


Effect  of  loan  by  will  of  land  to  one  for  life, 
with  a  devise  of  it  in  fee  to  his  heirs 
at  his  death,  to  pass  the  fee  to  him. 
1915D,  496. 

To  whom  payment  may  be  made.  1915D, 
271. 

Of  intoxicating  liquor  as  violation  of  liquor 
laws.  191 5C,  648. 

Of  credit  by  municipality.    1915B,  306. 


LOAN  ASSOCIATION. 

See  BUILDING  AND  LOAN  ASSOCIATIONS. 


LOCAL  IMPROVEMENTS. 

See  PUBLIC  IMPBOVEMENTS. 


LOCAL  LEGISLATION. 

See  STATUTES. 


LOCAL  OPTION. 

See  INTOXICATING  LIQUORS. 


LOCAL  SELF-GOVERNMENT. 

Constitutional  right  of,  see  CONSTITUTION- 
AL LAW. 


LOCAL  STATUTES. 

See  STATUTES. 


LOCOMOTIVE  FIREMEN. 

Liability  of  master  for  death  of  locomotive 
fireman  by  overturning  of  engine. 
1917E,  210. 

Fireman  injured  while  going  to  work  after 
entering  company's  property  as  an  em- 
ployee. 1915C,  39. 


LODGE. 

See  BENEVOLENT  SOCIETIES. 


LODGING  HOUSES. 

Annotation. 

Hiring  room  in,  as  affecting  Comicil  or 
residence.     1917D, 


Statute  requiring  fire  escapes  and  fireproof 
stairways.  1917C,  1146;  1917E,  250. 

Requiring  license  for  business  of  keeping. 
1915B,  1097. 

Pleading  in  action  by  lodging  house  keeper 
to  enjoin  interference  with  her  busi- 
ness by  city  officers.  1915D,  1097. 


LOGGING  RAILROAD. 

Annotation. 

Exercise     of     eminent     domain 
19 17  A,   102. 


0 
for. 


Exercise  of  power  of  eminent  domain  for. 
1916B,  1089. 


LOCATION. 

Of  mining  claim,  see  MINES. 

Of  insured  property.     1915B,  361;    1915C, 
408;  1915D,  239. 


LOCOMOTIVE  ENGINE. 

Master's  duty  as  to  safety  of.     1917F,  802. 

Injury  to  child  invited  by  engineer  to  ride 

on  locomotive  engine.    1915E,  888. 


LOCOMOTIVE  ENGINEER. 

Homicide    in    operation    of    train.      1917C, 
533. 


LOGS  AND  LOGGING. 

Annotation. 

Eminent   domain   for   purpose   of   log- 
i        ging     road     or     logging     railroad. 
1917A,    1O2. 

Exercise  of  eminent  domain  for  logging  rail- 
road. 1916B,  1089. 

Breach  of  contract  to  manufacture  logs  into 
lumber.  1916F,  3. 

Exclusive  contract  by  carrier  with  private 
corporation  for  loading  of  logs  tendered 
for  shipment.  191 5C,  250. 


LONG  DISTANCE  MESSAGES. 

Rule  of  telephone  company  as  to.     1915E, 
323. 


LONGSHOREMEN. 

Recovery  for  injuries  to,  under  Workmen's 
Compensation  Act.     1916A,  403. 


LOOKOUT. 


LOOKOUT— MACHINERY. 

LOVE  AND  AFFECTION. 


271 


Duty  as  to,  at  railroad  crossing.  1915B, 
140. 

Duty  to  keep,  for  persons  on  or  near  rail- 
road track.  1915F,  1151. 

Duty  of  driver  of  automobile  as  to.  1916A, 
943. 


LOOSE  LEAF  SYSTEM. 

Admissibility  in  evidence  of  loose  leaf  sys- 
tem of  accounts.  1916B,  631;  1916F, 
209. 


LORD'S  PRATER. 

Repeating  of,  in  schools.     1915D,  941. 


LOSS. 

Of  property  in  hands  of  bailee,  see  BAIL- 

MENT. 

Of  freight,  see  CARRIERS. 
Of  homestead,  see  HOMESTEAD. 
Of  insured  property,  see  INSURANCE. 

-  4  »» 


LOSS    OF    PROFITS. 

As  element  of  damages,  see  DAMAGES. 

Annotation. 

Insurance  against.     1917C,  726. 

Insurance  against.     1917C,  722. 


LOST  PROPERTY. 

Finder  of,  see  FINDEB. 

Larceny  of  property  found.     1916A,  465. 


LOTTERY. 
What  constitutes. 

Annotation. 

Legality  of  voting  or  popularity  con- 
test. 1917D,  4:89. 

Scheme  to  increase  trade  by  voting  contest 
as  a  lottery.  1917D,  485. 

Scheme  by  which  articles  are  contracted  for 
at  uniform  price  to  be  paid  in  instal- 
ments, with  possibility  of  receiving  ar- 
ticles before  all  instalments  are  paid 
and  having  contract  canceled  for  adver- 
tising purposes,  and  losing  all  right  to 
this  privilege  by  default  in  payments. 
1915F,  1018. 


As  consideration  for  contract.     1917C,  582. 


LOW  BRIDGE. 

Injury   to   railroad   employee   by.      1915  F, 
838. 


LOWEST  BIDDER. 

For  public  contract,  see  CONTRACTS. 


LUBRICANTS. 

Mechanic's  lien  for.    1915B,  708. 


LUMBER. 


See  TIMBER. 


LUMBER  DEALERS. 

Illegal  con:'  ination  of.     1915A,  788. 


<»•» 


LUMBER  YARDS. 

Local  tax  on  lumber  yards  on  right  of  way 
of  interstate  railroad.  1916E,  404. 

Separate  taxation  of  lumber  yards  on  rail- 
road right  of  way.  1916E,  404. 


LUMP  SUM. 

Award  of,  under  Workmen's  Compensation 
Act.     1916D,  970;  19JL6F,  957. 


LUNATICS. 

See  INCOMPETENT  PERSONS. 

4  >  » 


LUNCH   STANDS. 

Grant  to  individual   of  exclusive   right  t< 
operate  in  park.    1916D,  491. 


MACHINERY. 

Injury   to   employee   by,    see   MASTER   AND 
SERVANT. 

Claim  for,  as  witiiin  protection  of  contract- 
or's bond.     1917A,  336. 


272 


MACHINERY— MALICIOUS    PROSECUTION. 


Claim  for  -rental  of,  as  within  protection 
of  contractor's  bond.  1917B,  558. 

Claim  for  material  for  repair  and  equip- 
ment of,  as  within  protection  of  con- 
tractor's bond.  1917A,  336. 

Warranty  on  sale  of.  1915B,  477;  1916D, 
997;  1917C,  1076. 

As  a  fixture.  1915A,  654;  1916E,  615; 
1016F,  1275. 


MAGISTRATE. 

In  general,  see  JUSTICE  OF  THE  PEACE. 

Annotation. 

Liability  for  false  imprisonment  of 
magistrate  failing  to  have  prisoner 
brought  before  him.  1917F,  429. 


Liability  for   false   imprisonment. 
1295;  1917B;  360;  1917F,  427. 


1916C, 


MAGNETIC  HEALERS. 

Annotation. 

Application   to,    of  statutes   regulating 

the  practice  of  medicine.     1917C, 

827. 


MAIL   CARRIER. 

As  a  public  officer.     1917A,  228. 
Ordinance  giving  right  of  way  to,  in  street. 
1915D,  1021. 


MAIL  CLERK. 

Duty  of  carrier  to  heat  mail  car.     1916E, 
464. 


MAILS. 


See  POSTOFFICE. 


MAINS. 

As  to  water  mains,  see  WATER  MAINS. 
-  *  •  » 
MAINTENANCE. 

See  CHAMPERTY  AND  MAINTENANCE. 


MALICE. 

Presuir.ption  and  burden  of  proof  as  to,  see 
EVIDENCE. 


Sufficiency  of  proof  of,  see  EVIDENCE. 

In    action    or    prosecution,    see   MALICIOUS 

PROSECUTION. 
Question  for  jury  as  to,  see  TBIAL. 

In  use  of  property.     1916F,  903. 

As  element  of  action  of  libel  or  slandei. 
1915A,  104;  1917F,  761. 

Of  citizens  petitioning  for  closing  business. 
1916D,  391. 

In  inducing  breach  of  contract.  1915F, 
1076. 

In  erection  of  fence.     1916F,  903. 

Of  mortgagee  in  taking  possession  of  prop- 
erty under  insecurity  clause.  1915E, 
192. 


MALICIOUS  ARREST. 

Liability  for,  see  FALSE  IMPRISONMENT. 


MALICIOUS   ATTACHMENT. 


iability  for,  see  MALICIOUS  PROSECUTION. 


MALICIOUS  PROSECUTION. 

In  general. 

Want  of  probable  cause;  malice. 

—  in-  criminal  prosecution. 

—  of  civil  action. 
Termination  of  prosecution. 


In  general. 

Measure  of  damages  for,  see  DAMAGES. 
As  to  false  imprisonment,  see  FALSE  IM- 
PRISONMENT. 

Annotation. 

Liability  of  public  prosecutor  to  action 

for  malicious  prosecution.     1917F, 

699. 

Prematurity  of  action  for.     1917B,  350. 

When  action  for,  is  barred.     1915B,  1179. 

Opinion  evidence  in  action  for.  1915B, 
1179. 

Evidence  of  privileged  communications. 
1915D,  1. 

Evidence  to  show  relation  of  joint  defend- 
ants in  action  for.  1915B,  1179. 

Sufficiency  of  evidence  in  action  for.  19]  6F, 
192;  1916E,  1277. 

Conclusiveness  in  action  for,  of  judgment  in 
prior  action  to  recover  treble  damages 
under  Sherman  Anti-trust  Act.  1915B, 
1179. 

Right  to  maintain  action  for,  where  the 
malicious  proceedings  were  terminated 
by  compromise.  1915A,  601. 

For  alleged  infringement  of  patent.  1915B, 
1178. 

Joint  liability  for.    19]  5B,  1179. 

Liability  of  attorney  who  maliciously  brings 
action  for  client.  1915A,  1186. 


MALICIOUS  PROSECUTION— MANDAMUS. 


273 


Immunity  of   city  attorney  from   liability 

for.    1917F,  698. 
Effect  of  advice  of  counsel.     1915D,  16. 

Want  of  probable  cause;  malice. 

—  in  criminal  prosecution. 

Question  for  jury  as  to.    1915D,  1,  16. 

What  constitutes  probable  cause.  1915D, 
1;  1916F,  192;  1915D,  16. 

Instruction  as  to  probable  cause.     1915D,  1. 

Effect  of  motive  where  probable  cause  exists. 
1916F,  192. 

Conviction  secured  by  perjury  of  complain- 
ing witness  as  evidence  of  probable 
cause.  1917D,  408. 

Discharge  of  one  accused  of  crime  because 
not  guilty  of  offense  charged  as  proof 
of  want  of  probable  cause  where  he 
was  guilty  of  offense  under  another 
statute.  1917D,  1194. 

Effect  of  malice  on  immunity  of  city  attor- 
ney. 1917F,  698. 

—  of  civil  action. 

Annotation. 

Bringing  civil  action  in  remote  district 
or  foreign  jurisdiction.  1917B, 
752. 


Question  for  jury  as  to.     1915B,  1179. 

Necessity  of  alleging  and  proving  malice 
and  want  of  probable  cause.  1915B, 
1179;  1916E,  1277;  1917B,  350. 

Sufficiency  of  proof  of  probable  cause. 
1916E,  1277. 

Want  of  probable  cause  as  necessary  ele- 
ment of  liability.  1915A,  541. 

Serving  summons  in  foreign  state  when  both 
parties  are  residents  of  the  state. 
1917B,  749. 

Termination  of  prosecution. 

Termination  of  proceedings  out  of  which 
cause  of  action  arose  as  condition  pre- 
cedent to  action  for  malicious  prosecu- 
tion. 1915A,  601;  1915B,  1179. 


MALPRACTICE. 

Liability  for,  see  PHYSTCIAXS  AND  SUB- 
GEONS. 

Right  of  employee  accepting  provisions  of 
Workmen's  Compensation  Act  to  main- 
tain action  for  malpractice.  1C16F, 
319. 

Augmenting  recovery  under  Workmen's 
Compensation  Act,  where  injury  was 
prolonged  by  negligent  surgical  treat- 
ment. 1916E,  1201. 

Employer's  liability  insurance  as  covering 
claim  for  malpractice  of  physician  fur- 
nished by  employer  to  treat  injured  em- 
ployee. *1915C,  155. 

'  L.R.A.  Tri.  Index  1915-17.— 18. 


MALT  LIQUOR. 

What   included   in   prohibition   of  sale   of. 
1917B,  962. 


MANDAMUS. 

When  may  issue. 

—  in  general. 

—  to  court  or  judge. 

—  to  state  or  Federal  officers. 

—  to    county,    town,    or    municipal 

officers. 

—  to  corporations. 

—  concerning   elections;    to    deter- 

mine title  to  office. 

—  to  school  officers. 
Procedure. 

—  in  general. 

—  parties. 

—  pleading;  writ  and  return. 

—  hearing  and  determination;  de- 

fenses. 


When  may  issue. 

—  in  general. 

Effect  of  repeal  of  statute  on  right  to  man- 
damus to  compel  action  thereunder. 
1915A,  639. 

Application  of  statute  giving  as  auxiliary 
relief  writ  of  mandamus  to  compel  per- 
formance of  duty  established  in  the  ac- 
tion. 1915B,  611. 

Ordinary  office  of  writ.     1917F,  776. 

Refusal  of  mandamus  to  compel  perform- 
ance of  a  series  of  continuous  acts. 
1917F,  776. 

Existence  of  other  remedy.    1917F,  912. 

Ministerial  duty;  exercise  of  discretion. 
1915B,  232. 

—  to  court  or  judge. 

Annotation. 

Mandamus  to  compel  change  of  venue. 
1917F,  914:. 

Mandamus  as  appropriate  remedy  in  absence 
of  other  adequate  remedy.  1915E,  936. 

Mandamus  as  proper  remedy  where  court 
has  exceeded  its  power  by  ordering  in- 
definite suspension  of  execution  of 
sentence.  1917E,  1178. 

To  compel  grant  of  application  for  change 
of  venue.  1917F,  912. 

To  compel  allowance  of  alimony  or  suit 
•money.  1916F,  1257. 

—  to  state  or  Federal  officers. 

Annotations. 

Mandamus  to  compel  public  officer  to 

execute  a  contract.     1917F,  538. 
Mandamus  to  governor.     1917F,   774. 

To  require  governor  to  perform  ministerial 
act.  1917F,  770. 


274 


MANDAMUS— MANSLAUGHTER. 


To  compel  issuance  of  warrant  on  state 
treasury.  1915E,  858. 

To  compel  state  appropriation  for  official  ex- 
penses. 1915E,  858. 

To  compel  county  clerk  to  .record  mortgage 
without  payment  of  registration  tax. 
191 6E,  602. 

To  compel  destruction  of  photographs  of 
pardoned  convict.  1916A,  737. 

—  to    county,    town,    or   municipal    of- 

ficers. 

Concerning  election,  see  infra, 

Annotation. 

Mandamus  to  compel  public  officer  to 
execute  a  contract.  1917F,  53S. 

To  mayor  to  compel  him  to  execute  contract. 

1917F,  535. 
To  compel  countersigning  of  warrants  by 

mayor.     1916D,  321. 
To    compel    counties    to    unite    in    making 

necessary    repairs    to    county    bridge. 

1916F,  508. 
To  compel  collection  of  taxes.     1915A,  639. 

—  to  corporations. 

To  compel  calling  of  meeting.     1915E,  774. 
To   enforce    stockholder's   right   to   inspect 

•books.    1916F,  1033. 
To  compel  removal  of  telephone  wires  and 

poles  from  highway.     1917D,  660. 
To    compel    irrigation    company    to    issue 

shares  of  stock  to  purchaser  of  land  in 

irrigation  district.     1916F,  236. 
To  compel  canal  company  to  maintain  its 

canal  according  to  dimensions  and  ca- 

?acity  required  by  its  charter.     1917F, 
76. 

—  concerning   elections;  to   determine 

title  to  office. 

Annotations. 

Mandamus  as  a  proper  remedy  to  en- 
force duties  with  respect  to  nomina- 
tions. 1917E,  4SO. 

Mandamus  to  compel  steps  preliminary 
to  an  election  before  the  arrival  or 
expiration  of  the  time  fixed  there- 
for. 191T/F,  221. 

To  compel  rescission  of  acceptance  of  cer- 
tificate of  nomination  and  to  prevent 
placing  of  candidate's  name  on  ballot. 
1917E,  475. 

To  compel  omission  fro»n  ballot  of  name 
of  one  who  has  withdrawn  his  candi- 
dacy. 1917A,  996. 

To  admit  to  office  person  wrongfully  ex- 
cluded therefrom.  1917A,  1244. 

To  compel  county  officials  to  take  necessary 
»  steps  to  holding  of  election,  although 
time  has  not  yet  arrived  for  the  per- 
formance of  any  act.  1917F,  215. 

To  control  discretion  of  clerk  in  determin- 
ing sufficiency  of  recall  petition. 
1915B,  232. 


—  to  school  officers. 

To  compel  issuance  of  diploma  of  gradua- 
tion. 1916B,  611. 

To  prevent  holding  of  graduating  exercises 
in  church.  1916D,  399. 

To  reinstate  school  teacher  wrongfully  dis- 
missed. 1916C,  789. 

Procedure. 

—  in    general. 

Conditions  precedent.    1915D,  98. 

Waiver  of  irregularities.     1916F,  1033. 

Necessity  of  giving  bond  for  costs.  1916F, 
1033. 

Directing  rule  to  show  cause  why  man- 
damus should  not  issue  to  court  or  the 
judge  thereof  rather  than  to  the  clerk 
1917E,  1178. 

—  parties. 

Right  of  governor  to  maintain  action  for. 

1917F,  215. 
Parties    defendant.      1915D,    288;     1916F, 

1033. 

—  pleading;  writ  and  return. 

Necessity  of  verifying  facts  stated  in  appli- 
cation for  mandamus.  1916F,  1033. 

General  demurrer  to  petition.    1916B,  611. 

Sufficiency  of  writ.    1917F,  776. 

Motion  for  award  of  peremptory  writ  un- 
accompanied by  replication  to  alterna- 
tive writ  as  equivalent  to  demurrer  to 
the  return.  1915D,  288. 

Necessity  of  filing  by  respondent  of  certifi- 
cate showing  obedience  to  writ.  191 7  F, 
776. 

Sufficiency  of  return;  amendment.  1915D, 
288. 

—  hearing      and      determination;      de- 

fenses. 

Consideration  of  reasonableness  of  order  for 
alimony  and  wife's  motives,  in  manda- 
mus to  compel  court  to  proceed  with 
trial  of  divorce  action  on  its  nu  its. 
1915E,  567. 

Conclusiveness  of  certificate  of  election  in 
mandamus  to  secure  office.  1915A,  832. 

Refusal  to  consider  questions  not  properly 
raised  by  the  pleadings  on  motion  to 
quash  alternative  writ.  1917F,  776. 

Quashing  alternative  writ  with  leave  to  re- 
lator  to  amend.  191 7F,  776. 

Defenses.  1915D,  288;  1915E,  774;  1916F, 
1033;  1917F,  776. 


MANDATORY  INJUNCTION. 

Right  to.  1916C,  1260;  1917F,  680. 


MANSLAUGHTER. 

In  general,  see  HOMICIDE. 

Competency  as  witness  of  person  convicted 
of  manslaughter.    1917F,  896. 


MANUFACTURER— MARKET  VALUE. 


275 


MANUFACTURER. 

Liability  for  injury  due  to  defects  in  ar- 
ticles manufactured,  see  NEGLIGENCE. 

Annotation. 

Purchase  of  supplies  by  foreign  manu- 
facturing  corporation  as  doing 
business  ^vithin  state.  1917E, 
1157. 

Liability  of,  on  warranty  to  purchasers 
from  retailer.  1915D,  875. 

Recovery  from  executor  of  funds  deposited 
with,  to  secure  performance  of  agree- 
ment to  purchase  his  product.  1915F, 
1041. 

Liability  of  owner  of  passenger  elevator  for 
negligence  of  manufacturer  of  the  ap- 
paratus. 1915D,  305. 


MANUFACTURING. 

Annotations. 

Manufacturing  of  intoxicating  liquor 
under  contract  as  a  sale.  1917B, 
GO  6. 

Modification  of  food  products  as  man- 
ufacturing within  tax  exemption 
provisions.  Iff  17 A,  53. 

Right  to  forbid  manufacture  of  intoxicating 

liquors  within  the  state.    1916F,  177. 
Of  intoxicating  liquor  under  contract,  as  a 

sale.     1917B,  605. 
What  constitutes,  within   meaning  of  tax 

exemption.     1917A,  48. 
What    constitutes,    within    hours    of    labor 

statute.     1917C,   922. 
Exemption  of  manufacturing  establishment 

from  taxation.     1916D,  108;  1917 A,  48. 
Right    of     landowner    to    use    percolating 

waters     for     manufacturing     purposes. 

1915A,  3C9. 


MANUFACTURING  PLANT. 

Annotation. 

Modification  of  food  prodticts  as  manu- 
facturing, \cithin  tax  exemption 
provisions.  1917 A,  53. 

Exemption  of,  from  taxation.     1916D,  108; 

1917A,  48. 
Compensation   for   consequential  injury  to, 

by    construction    of    railroad.      1916A, 

1079. 


MAPS  AND  PLATS. 


Annotation. 

Effect  of  lines  or  other  indications  on 

recorded  plat  to  create  an  implied 

covenant.      1917A,    458. 


Right  of  public  to  maps  and  plats  prepared 
by  officer  out  of  office  hours  upon  paper 
taken  from  discarded  public  books. 
191-7B,  1176. 

Effect  of  lines  on  plat  to  create  restrictive 
covenant  as  to  building  line.  1917A, 
455. 


MARGIN. 

Validity    of    contract    for    purchase    on. 
1916B,  1050. 


MARINE  INSURANCE. 

Construction  of  policy.     1916F,  1168. 
Change    of    location    of    insured    property. 

1915C,  408. 
Total    loss    of    insured    vessel    or    cargo. 

1916F,  1168. 


MARITAL  INTERCOURSE. 

I 

Refusal  of,  as  ground  for  divorce.     1915B, 
770. 


MARITIME  LIENS. 

Annotation. 

May  two  or  more  vessels  "be  subjected 

to  'a  joint  maritime  lien.     1917E, 

529. 

Priority    over    chattel    mortgage.      1917E, 
526. 


MARK. 

Signature  to  deed  by.    191 5B,  678. 


MARKET. 

Loss  of,  by  delay  of  goods  in  transporta- 
tion.    1917A,   193. 


MARKETABLE  TITLE. 

See  VENDOB  AND  PURCHASER 


MARKET  VALUE. 

Opinion  evidence  as  to.     1917A,  58. 
As  measure  of  damages  for   loss  of  goods. 
1917D,  493. 


276 


MARKET  VALUE— MARRIAGE. 


Decline  in  market  value  as  element  of  dam- 
ages for  delay  in  transportation. 
1917A,  193. 


MARRIAGE. 
In  general. 
Mode  or  form;  validity  generally. 

—  in  general. 

—  common-law  marriage. 

—  effect    of    cohabitation    or    con- 

duct. 
Capacity  of  parties;  who  may  marry. 

—  in  general. 

—  validation      of      marriage      void 

when  entered  into. 
Annulment;  termination. 


In  general. 

As  to  breach  of  promise  of  marriage,  see 

BREACH  OF  PROMISE. 
Conflict   of    laws   as    to,    see   CONFLICT   CF 

LAWS. 
Divorce    or    separation,    see    DIVORCE    AND 

SEPARATION. 
Presumption    and   burden   of   proof   as   to, 

see  EVIDENCE. 
Hnsband  and  wife,  see  HUSBAND  AND  WIFE. 

Ainiotutiotif*. 

Validity  and  construction  of  condition 
against  marriage  with  a  certain 
person  or  a  particular  class  of  per- 
sons. 1917A,  44. 

Validity  and  effect  of  conditions  re- 
quiring consent  to  marriage  of 
legatee  or  devisee.  1917D,  468. 

"Devise  or  bequest  of  one  described  as 
"husband,"  "unfe"  or  "icidoic," 
as  affected  by  illegality  or  nonex- 
istence  of  marriage.  1917B,  1153. 

Promise  of  marriage  as  a  false  pre- 
tense. 1917E,  SOS. 

Liability  for  improperly  issuing  mar- 
riage license  or  performing  mar- 
riage ceremony.  1917E,  S68. 

As    part    performance    of    oral     contract. 

1916D,  1211. 

Sufficiency  of  proof  of.    1915E,  121. 
Promising  to  marry  a  man  so  as  to  obtain 

money  from  him  with  no  intention  of 

fulfilling  the  promise.     191 7E,  797. 
Statute  imposing  penalty  on  one  who  issues 

marriage  license  without  reasonable  in- 
quiry.    1917E,  863. 
False  swearing  in  affidavit  that  persons  for 

whom  marriage  certificate  is  asked  are 

of  lawful  age.     1916B,  848. 
Illegality    of    contract    affecting.       1915D, 

1064;   1917F,  618. 
Condition    in    will    against.      1915A,    311; 

1916D,  1194;  1917A,  40;  1917D,  464. 
Condition  in  conveyance  for  reverter  in  case 

of  marriage.     1916B,  1077. 
Effect  of  illegality  of  marriage  on  devise  to 

reputed  wife.     1917B,  1150. 
Of    divorced    person,    effect    on    alimony. 

1915F,  820. 


Effect  of  remarriage  of  divorced  parties 
on  provisions  of  decree  as  to  custody  of 
children.  1916E,  682. 

Effect  of  marriage  of  owner  of  insured  prop- 
erty, not  exempt  as  homestead  when 
destroyed  by  fire,  which  entitles  him 
to  claim  homestead  exemption.  1917C, 
353. 

Effect  of,  to  terminate  antenuptial  contract. 
1915E,  161. 

Effect  of  marriage  of  mortgagee  to  mort- 
gagor to  extinguish  debt.  1915D,  1126. 

Effect  of  remarriage  of  widow  on  homestead 
rights.  1916A,  999. 

Effect  of  provision  permitting  marriage  of 
white  person  and  one  having  small  ad- 
mixture of  negro  blood  on  right  to  ex- 
clude from,  schools  children  of  mixed 
blood.  19 15 A,  828. 

Reasonableness  of  rule  providing  that  mar- 
riage of  woman  teacher  shall  automat- 
ically vacate  her  position.  1916C,  789. 

Mode  or  form;  validity  generally. 

—  in  general. 

Conflict   of   laws  as   to,   see   CONFLICT   OF 

LAWS. 
Presumption  and  burden  of  proof  as  to,  see 

EVIDENCE. 

Annotation. 

Remarriage  of  divorced  Catholics. 
1917C,  1O20. 

When  void  ab  initio.     1916C,  686. 

Right  to  assert  nullity  of  marriage  in  con- 
troversy between  widow  and  heirs  as  to 
rights  in  homestead.  191 6C,  720. 

Binding  effect  of  sham  marriage  where  one 
party  acted  in  good  faith.  1916F,  793. 

Effect  of  invalidity  of  marriage  entered  into 
in  good  faith  by  woman,  on  her  right 
to  inherit  from  husband.  191 7E,  968. 

Presumption  and  burden  of  proof  as  to. 
1917E,  921. 

Sufficiency  of  proof  to  overcome  presump- 
tion of  validity  of  marriage.  1917E, 
921 

Necessity  of  license.  1915E,  109;  1916F, 
793;  1917C,  1017. 

Necessity  of  presence  of  clergyman  to  con- 
firm contract.  1915E,  109;  1916F,  793. 

Sufficiency  of  ceremony  for  remarriage  of 
divorced  Catholics.  1917C,  1017. 

—  common-law  marriage. 

Validity  of,  when  not  expressly  forbidden  by 
statute.  1915E,  109;  1916F,  793. 

Effect  or  necessity  of  cohabitation.  1915E, 
1,  56,  109;  1916B,  1243. 

—  effect  of  cohabitation  or  condnct. 

Effect  of  cohabitation  by  parties  whose  mar- 
riage ceremony  is  invalid.  1917D,  829. 

Capacity  of  parties;  who  may  marry. 

—  in  general. 

Liability  for  issuing  license  to  infant  with- 
out reasonable  inquiry.  1917E,  863. 


MARRIAGE— MASTER  AND  SERVANT. 


277 


Marriage  of  woman  incompetent  to  marry 

because      of      physical      malformation. 

1916C,  693-. 

Incestuous  marriage.     1916C,  720,  752. 
Insane  persons.     1916F,  697. 
Infants.     1916C,  732,  737. 
Person  already  married.     19]  6C,  707. 
Divorced  persons.     1915E,  87;   1916C,  686, 

741,    744;    1917B,    1150;    1917C,    353; 

1917D,  829. 

—  validation  of  marriage  void  when 
entered  into. 

By  cohabitation  after  removal  of  impedi- 
ment. 1915E,  87;  19 160,  686;  1917A, 
492. 

Annulment;  termination. 

Application  to  action  to  annul  marriage  of 
statutory  requirements  in  case  of  di- 
vorce proceedings.  1916C,  704. 

Conclusiveness  of  foreign  judgment  as  to. 
1917E,  490. 

Refusal  to  set  aside  void  marriage  where 
parties  are  in  pari  delicto.  1916C,  740. 

Effect  of  annulment  of  illegal  marriage  on 
insurance  previously  taken  by  wife  on 
husband's  life.  1917B,  375. 

For  duress.    1915F,  977. 

For  fraud.    1916E,  1273;  1916F,  526. 

Infancy  as  ground  for.     1916C,  737. 

Other  existing  marriage.     1916C,  704,  737. 


MARRIED  WOMEN. 

Measure   of   damages   for   injuries  to,   see 

DAMAGES. 

Estoppel  of,  see  ESTOPPEL. 
In  general,  see  HUSBAND  AND  WIFE. 


MARSHAL. 

Liability  of  marshal  seizing  boat  in  admi- 
ralty proceedings  for  loss  thereof. 
1915A,  193. 

Liability  for  false  imprisonment.  1917F, 
427. 

Liability  on  bond  of.    1916D,  278. 


MARSHALING  ASSETS. 

Effect  of  fact  that  wife  had  other  property 
upon  which  execution  might  have  been 
levied,  on  levy  under  judgment  which 
was  a  lien  on  entirety  estate  of  execu- 
tion after  the  estate  has  passed  to  the 
husband  by  the  death  of  the  wife. 
1916D,  113. 


MARTIAL  LAW. 

As  to  militia,  see  MILITIA. 

Right  of  commander  of  army  to  seize  pri- 
vate property  or  levy  contributions. 
1917A,  276. 


Power  of  governor  to  establish  martial  law 
which  will  authorize  conviction  of  civil- 
ian for  crime  without  jury  trial. 
1915B,  988. 

Power  of  governor  during  existence  of  mar- 
tial law  to  cause  arrest  and  im- 
prisonment of  persons  believed  to  be 
encouraging  disorder  and  to  suppress 
newspaper  containing  articles  believed 
to  have  that  effect.  1915A,  175. 


MASONS. 

See  FREEMASONS. 


MASSEURS. 

Annotation. 

Application   to,   of  statute*  regulating 
the  practice  of  medicine.     1917C, 

825. 


4 


MASTER. 

Powers  of,  on  reference,  see  REFEBENCE. 


MASTER  AND  SERVANT. 

In  general;  authority  to  employ  serv- 
ant or  physician. 

'When  relation  exists. 

Compensation;   wages. 

Hours   of  labor. 

Termination  of  relation;  discharge. 

Liability  of  master  to  servant  gener- 
ally. 

Federal  Employers'  Liability  Act. 

Rules  and  regulations;  methods  of 
work. 

Duty  to  warn  or  instruct. 

Safety  as  to  place  and  appliances. 

—  in  general. 

—  machinery. 

—  in  mines. 

—  railroad      and      street      railway 

cases. 

—  inspection. 

Selection  and  retention  of  employees. 
Liability   to  volunteers   and   servants 

of  third  persons. 
Servant's  assumption  of  risks. 

—  in  general. 

—  dangers   obvious   and   incidental 

to  work. 

—  defective     or     dangerous     tools, 

machinery;  appliances,  placer  . 
or  methods  of  work. 

—  knowledge  by  servant  of  defect 

or  danger. 

—  compliance  with  commands. 

—  minor  employees. 

—  fellow  servant's  negligence. 


278 


MASTER  AND  SERVANT. 


Contributory  negligence  of  servant. 

—  in  general. 

—  railroad      and      street      railway 

cases. 

Disobedience  of  rnles. 
Fellow  servants  and  their  negligence. 

—  in  general. 

—  delegation  of  master's  duty  to. 

—  concurrent  negligence  of  master 

and  fellow  servant. 

—  change  of  rule  by  statute. 

—  who  are  fellow  se  rvants. 

—  for  what  acts  of  fellow  servant 

master  is  liable. 

Master's  liability  for  acts  of  servant 
or  independent  contractor. 

—  for  acts  of  servant  or  agent. 

—  for    acts    of    independent    con- 

tractors. 

Liability   of  servants   or  independent 
contractors. 


In  general;  authority  to  employ  serv- 
ant or  physician. 

Bonds  for  fidelity  of  employees,  see  BONDS. 
Combinations    of    employees,    see    CONSPIR- 

ACY;  LABOR  ORGANIZATIONS. 
As   to   employment   agencies,   see   EMPLOY- 

MENT AGENCIES. 
Proof    of    servant's    declarations,    see   EVI- 

DENCE. 
Imputing  servant's  knowledge  to  employer, 

see  NOTICE. 
As  railroad  relief  association,  see  RAILBOAD 

RELIEF  ASSOCIATION. 
As  to  seamen,  see  SEAMEN. 
As  to  strikes  by  employees,  see  STRIKES. 


Bight  of  public  to  benefit  o*  disco  v- 
eries,  inventions,  devices,  data, 
etc.,  made  or  prepared  by  em- 
ployee. 1917B,  1183. 

Liability  of  labor  union  for  preventing 
employment.  1917C,  1O56. 

Assignment  or  release  of  the  right  to  a 
third  person's  services.  19171?, 
842. 

Imprisonment  of  servant  as  affecting 
rights  and  obligations  under  con- 
tract for  services.  1917F,  628. 

Claim  *or  material  for  outfitting  boarding 
house  for  contractor's  employees,  as 
within  protection  of  his  bond.  1917A, 
336. 

Claim  for  provisions  to  feed  contractor's 
employees,  as  within  protection  of  his 
bond.  *  1917A,  336. 

Capitalization  of  payrolls  as  basis  for  esti- 

mating   damages    for    construction    of 

railroad  through  manufacturing  plant, 

where  loss  of  operatives  is  anticipated 

.    as  result  thereof.    1916A,  1079. 

Collection  of  tax  to  compensate  county  em- 
ployee for  injuries  received  in  course  of 
employment.  1916D,  628. 

Existence  of  relation  of  physician  and  sur- 
geon between  injured  employee  and  phy- 
sician employed  by  master.  1916D,  644. 


Acceptance  by  injured  employee  of  compen- 
sation from  employer  for  physician'* 
services  as  jar  to  action  for  malprac- 
tice against  physician.  1917A,  392. 

Indivisibility  of  contract  for  services. 
1916F,  926. 

Injunction  to  compel  performance  of  con- 
tract for  personal  services.  UU.lA, 
820;  1916E,  682. 

Public  policy  as  affecting  contract  with  em- 
ployee. 1917D,  641. 

Effect  on  individual  members  of  union  of 
agreement  between  employer  and  labor 
union  that  only  union  labor  shall  be 
employed.  1917C,  1053. 

Anti-alien  labor  law.    1916D,  545,  550. 

Validity  of  statute  declaring  that  right  to 
enter  into  labor  contracts  shall  no  long- 
er be  a  property  right.  1915F,  831. 

Statute  forbidding  master  to  stipulate  that 
employee  shall  not  become  or  remain 
member  of  labor  organization.  1915C, 
960. 

Forbidding  er-ployer  to  refuse  to  employ 
one  who  has  participated  in  a  strike. 
1917B,  1108. 

Compelling  employer  to  disclose  to  em- 
ployees communications  as  to  qualifica- 
tions of  one  seeking  employment. 
1917B,  1108. 

Statute  forbidding  injunction  in  case  of 
threatened  violation  of  labor  contracts. 
3916F,  831. 

Prohibiting  person  to  act  as  conductor  with- 
out having  previously  served  as  freight 
conductor  or  fireman.  1915D,  677. 

Prohibiting  employment  of  children  under 
certain  age.  1915A,  1196. 

Requiring  maintenance  of  washhouses  for 
employees.  1915B,  420. 

Authority  to  employ  servant.  1916B,  629; 
1917C,  1199. 

Right  of  guardian  of  incompetent  to  em- 
ploy servant.  1917B,  676. 

Authority  of  servant  to  employ  physician; 
liability  for  physician's  services. 
1915C,  808;  1916E,  110. 

Binding  effect  on  infant  of  contract  for  serv- 
ices signed  by  himself  and  his  father. 
1916E,  682. 

Blacklisting  of  employee.     1916C,  218. 

Forfeiture  of  railroad  employee's  accident 
insurance  policy.  1916A,  475. 

Probable  cause  for  prosecution  of  employee. 
1915D,  16. 

Burglary  by  employee.     1915D,  1015. 

Existence  of  trust  in  property  stolen  bv  em- 
ployee. 1915B,  442. 

Trust  in  property  purchased  with  employ- 
er's funds.  1916C,  578. 

Action  by  master  to  recover  of  manager 
money  paid  out  by  him  without  author- 
ity. 1916D,  777. 

Recovery  by  elevator  company  against  its 
manager  for  money  collected  by  him  for 
use  of  its  scales.  JiHGD,  777. 

Right  of  master  to  earnings  of  agent  in  out- 
side employment.  1916D,  777. 

Libel  or  slander  in  giving  character  to  serv- 
ant. 1915C,  774,  777;  1916D,  587. 


MASTER  AND  SERVANT. 


279 


'When  relation  exists. 

Annotation. 

Liability  where  automobile  is  being 
used  by  a  member  of  owner's  fam- 
ily. 1917F,  365. 

Definition  of  master  and  servant.     1917E, 

298. 
Question   whether   relation   of   parties   was 

that  of  landlord  and  tenant  or  that  of 

master   and   servant.      1917E,   298. 
For  purpose  of  fixing  master's  liability  to 

servant.     1915C,  39,  428;   1915D,  510; 

1915E,  417;   1916C,  1249;   1916D,  311; 

1917C,  1199. 
For  purpose   of  holding  master   liable  for 

servant's     acts.       1915  A,     328,     1130; 

1915C,  1183;    1916B,  629,  757;   1916F, 

1036;  1917A,  417;  1917B,  699;  1917E, 

357,  961;  1917F,  363,  380. 

Compensation;  -wages. 

Lien  of  laborer,  see  LIENS. 

Annotation. 

Amount  of  wages  exempt  upon  succes- 
sive garnishments.  1917D,  S99. 

Garnishment  of  wages  of  employee.     1915A, 

1186;  1915E,  1047;  1917D,  898. 
Libel  in  charging  that  corporation  pays  less 

wages  than  its  rivals.     1916E,  667. 
Liability  of  trade  union  for  failure  to  notify 
contractor    of    change    in    wage    scale. 
1915E,  1006. 

Evidence  of  customary  rate  for  services. 
1915C,  1208. 

Validity  of  contract  as  to  deductions  from 
wages.  1915E,  1017. 

Implied  power  of  corporation  to  contract  to 
pay  employees  half  wages  during  disa- 
bility. 1917B,  1158. 

Construction  of  contract  between  employer 
and  employee  as  to  payment  of  wages 
during  disability.  1917B,  1158. 

Unauthorized  contract  by  superintendent 
on  employing  servant  to  pay  him  half 
pay  while  disabled.  1917E,  539. 

Implied  contract  for  extra  compensation 
where  servant's  duties  are  increased  by 
increase  in  size  of  family.  1917D,  809. 

Sufficiency  of  proof  of  contract  to  pay  serv- 
ant for  extra  services.  1917D,  809. 

Effect  of  death  oi  servant  before  master  on 
contract  to  leave  servant  certain  sum 
by  will  if  he  continued  to  serve  the 
master  until  the  latter's  death.  1917D. 
809. 

Right  of  employee  compensated  on  basis  of 
percentage  of  sales  to  itemize  state- 
ments of  accounts  and  copies  of  corres- 
pondence. 1915B,  1052. 

Sufficiency  of  title  of  statute  as  to.  19]  6A, 
651. 

Special  legislation  as  to.     1916  A,  651. 

Delegation  of  power  by  statute  regulating. 
1917C,  944. 

Fixing  minimum  wage  for  children.  1917C, 
944. 

Denial  to  employer  of  right  to  appeal  from 
findings  of  industrial  commission  fix- 
ing minimum  wage.  1917C,  944. 


Power  of  Congress  to  make  temporary  wage 
regulation  for  interstate  railroad  em- 
ployees to  avert  strike.  1917E,  938. 

Statute  providing  fine  for  fr.ilure  to  pay 
wages  in  cash.  191 5B,  645. 

Requiring  payment  of  employees  within  cer- 
tain time  after  termination  of  service. 
1915A,  884. 

Forbidding  assignment  of  future  wages. 
1915B,  191. 

False  pretenses  by  employee  who,  having  as- 
signed his  wages,  procures  them  to  be 
paid  to  himself.  1916D,  267. 

Rights  of  assignee  of  wages.  1915E,  1017 : 
1916E,  247. 

Effect  of  discharge  of  employee  in  bank- 
ruptcy on  assignment  of  future  wages. 
1916E,  247. 

Hours  of  labor. 

Annotation. 

Construction,   applicability,   and  effect 

of  Hours  of  Service  Laws.  1917 A, 

12O2. 

Indictment  for  violation  of  statute  as  to. 

1917C,  922. 
Burden  of  proof  in  prosecution  for  violation 

of  statute  as  to.    1915D,  408. 
Delegation  of  power  by  statute  regulating. 

1917C,  944. 

Unconstitutional  discrimination  by  regulat- 
ing. 1915F,  829;  1916B,  1270;  1917C, 

62. 
Unintentional   omission   of   single   instance 

of  excessive  service  by  employee  from 

master's  report  to  Interstate  Commerce 

Commission.     1917A,  1198. 
What  constitutes  act  of  God  within  meaning 

of   proviso   in   Hours   of    Service   Act. 

1915D,  408. 
Admissibility  under  pleadings  of  evidence  in 

action  for  violation  of  hours  of  service 

act.     1915D,  408. 
Power    of   Congress   to    regulate   hours    of 

labor  of  interstate  railroad  employees. 

1917E,  938. 

Validity  of  ten-hour  law.     191 7C,  1162. 
Regulating  hours  of  labor  of  stationary  fire- 
men.   1916B,  1270. 
Forbidding  merchants  to  keep  stores  open 

after  6  P.  M.    1916A,  651. 
Limiting  hours  of  labor  of  women.     1915F, 

829;  1916B,  1236. 
Limiting     hours     of     labor     for     children. 

1917C,  944. 
Computation  of  time  in  determining  Avhether 

statute  regulating  hours  of  labor  has 

been  violated.    1915D,  408. 
Excessive  hours  of  work  as  cause  of  accident 

resulting  in  injury  to  employee.    1916B, 

1281. 

Termination  of  relation;  discharge. 

Annotations. 

Constitutionality  of  statutes  restricting 
right  of  employer  to  discharge  em- 
ployee. 1917B,  1122. 


280 


MASTER  AND  SERVANT. 


Constitutionality  of  statutes  requiring 
the  employer  to  furnish  a  dis- 
charged employee  u-ith  a  state- 
ment of  the  cause  of  his  discharge. 
1917B,  1115. 

Liability  of  labor  union  for  procuring 
one's  discharge.  1917C,  1O56. 

Wliere  service  is  restricted  to  a  single  act. 
1915E,  439. 

Effect  of  death  of  servant  to  terminate  con- 
tract relation?.  1917D,  809. 

Conspiracy  to  procure  discharge  of  em- 
ployee. 1915D,  785,  789;  1917C,  1053. 

What  constitutes  breach  by  employer  of  in- 
divisible contract  for  services  for  a  cer- 
tain time.  1916F/926. 

Libel  by  service  letter  issued  to  discharged 
employee.  191 6D,  587. 

Requiring  employer  to  give  discharged  em- 
ployee true  statement  of  cause  of  dis- 
charge. 1917B,  1108. 

Compelling  employer  to  disclose  to  em- 
ployees communications  made  by  or  to 
him  as  to  qualifications  of  discharged 
employee.  1917B,  1108. 

Forbidding  discharge  of  employee  upon  in- 
formation furnished  by  any  person 
without  giving  him  an  opportunity  to 
be  heard  in  the  presence  of  the  inform- 
er. 1917B,  1119. 

Giving  inefficiency  as  cause  for  discharge 
where  evidence  tends  to  show  that  em- 
ployee was  efficient.  1917B,  1108. 

Discharge  for  failure  to  comply  with  con- 
tract to  render  services  satisfactory  to 
the  employer.  1916F,  882. 

Successive  actions  for  wrongful  discharge. 
1916F,  926. 

Right  of  one  employed  on  commission  to 
recover  loss  of  profits  on  unlawful 
termination  of  employment.  1916B, 
868. 

Suit  by  member  of  railroad  relief  associa- 
tion for  accounting  on  his  wrongful  dis- 
charge. 1916A,  1145. 

Right  of  employer  who  has  failed  to  accept 
conditional  offer  of  employee  to  resign, 
to  discharge  the  employee  thereafter. 
1915D,  477. 

Requiring  payment  of  employees  within 
few  hours  after  termination  of  service. 
1915A,  884. 

Liability  of  master  to  servant  gener- 
ally. 

When  relation  exists,  see  supra. 

Proximate  cause  of  injury  to  employee,  see 
PROXIMATE  CAUSE. 

Release  of  employer  from  liability  for  in- 
jury to  servant,  see  RELEASE. 

Injury  to  seaman,  see  SEAMAN. 

As  to  validity  and  effect  of  Workmen's 
Compensation  Law,  see  WORKMEN'S 
COMPENSATION. 

Annotations. 

Applicability  of  rule  res  ipsa  loquitur 
as  between  master  and  servant. 
1917E,  4. 


Employer's  agreement  to  pay  employee 
during  disability,  or  his  contribu- 
tion to  insurance,  as  affecting,  or 
affected  by,  recovery  against  him. 
for  personal  injury.  1917 B,  116O. 

Liability  of  master  for  the  intentional 
killing  or  injury  of  a  servant  by  a 
third  person.  1917F,  753. 

Insurance  against  master's  liability.  1915A, 
153,  629;  1915C,  155;  1915F,  958; 
1916D,  395,  1027;  1916E,  597;  1916F, 
876;  1917D,  952. 

Raising  objection  for  first  time  on  appeal 
in  action  for  injury  to  servant.  1915E, 
519. 

Allegations  as  to  negligence  toward  servant! 
1917E,  182. 

Presumption  and  burden  of  proof  in   case 
.  of    injury    to    servant.      1915D,    503 ; 
1915F,  15;  1917E,  1,  178,  182,  198,  215, 
233,  242. 

Presumption  from  withholding  of  evidence 
in  action  for  injury  to  servant.  1915D, 
557. 

Evidence  in  action  for  injury  to  servant. 
1915A,  153;  1916D,  311;  1915E,  613, 
1021;  1915D,  503;  1917F,  1043. 

Special  interrogatories  in  action  for  injury. 
1915F,  803. 

Master's  negligence  as  question  for  jury. 
1917F,  671. 

Sufficiency  of  proof  of  negligence.    1917E,  1. 

Sufficiency  of  proof  of  cause  of  death  of  serv- 
ant. 1915E,  519. 

Instructions  in  action  for  injury  to  servant. 
1915F,  803;  1917E,  242. 

Requiring  defendant  employer  to  permit 
plaintiff  to  take  measurements  and 
photographs  for  purpose  of  preparing 
for  trial  in  action  for  personal  injury. 
1917E,  833. 

Judgment  in  favor  of  injured  employee 
based  on  negligence,  as  bar  to  rction 
on  employer's  agreement  to  pay  em- 
ployee during  disability.  1917B,  1158. 

Collateral  attack  on  settlement  with  sanc- 
tion of  court  of  suit  against  employer 
for  death  of  employee.  1917A,  270. 

Waiver  by  employee  of  benefit  of  constitu- 
tional provision  forbidding  statutory 
limitation  of  recovery  for  personal  in- 
juries. 1916A,  389. 

Garnishment  of  proceeds  of  employer's  lia- 
bility insurance.  1917C,  1061.' 

Conflict  of  laws  as  to  master's  liabilitv. 
1916A,  428,  432;  1916D,  637,  685. 

When  right  of  action  for  injury  to  servant 
is  barred.  1916F,  949. 

Examination  of  jurors  in  action  in  which 
defendant  is  indemnified  by  employers' 
casualty  company.  1915A,  153. 

Municipal  liabilitv  for  injurv  to  employees. 
1915C,  741;  1916C,  388." 

Personal  liability  of  officer  of  corporation 
for  injury  to  employee.  1915C,  874. 

Joint  liability  for  injury  to  servant.  1915C, 
20. 

Liability  where  there  was  no  reasonable 
ground  to  anticipate  that  particular  act 
would  cause  injury.  1916F,  866. 


MASTER  AND  SERVANT. 


281 


Excessive  hours  of  work  as  cause  of  accident 
resulting  in  injury  to  employee.  1916B, 
1281. 

Unlawful  employment  of  children.  1915A, 
1196;  1915F,  803,  1082;  1917A,  1128; 
1917D,  75. 

Duty  to  employ  a  suitable  number  of  serv- 
ants. 1917D,  959. 

Notice  to  employer  of  injury  to  employee. 
1915E,  519;  1915F,  551;  1917A,  76. 

Liability  for  failure  to  employ  physician  for 
injured  employee.  101 50,  789. 

Federal    Employers'    Liability   Act. 

Effect  of  Federal  Employers'  Liability  Act 
to  invalidate  contract  exempting  car- 
rier from  liability  for  injury  to  Pull- 
man porter.  1915D,  510. 

Amendment  of  complaint  to'  bring  action 
within  Federal  Employers'  Liability 
Act  as  affecting  limitation  of  actions. 
1916D,  316. 

When  right  of  action  under  Federal  Em- 
ployers' Liability  Act  accrues.  1916E, 
1095. 

Abatement  of  action  under  Federal  Employ- 
er's Liability  Act.  1916C,  964. 

Joining  counts  at  common  law  and  under 
the  Federal  Employer's  Liability  Act. 
1915C,  33. 

Application  of  doctrine  res  ipsa  loquitur  in 
action  under  Federal'  Employers'  Lia- 
bility Act.  1917E,  215. 

Application  of  ordinary  rules  in  action  un- 
der Federal  Employers'  Liability  Act. 
1917E,  741. 

Looking  to  law  of  state  to  determine 
question  left  in  doubt  by  Federal  Em- 
ployers' Liability  Act.  1915C,  27. 

Effect  of  Federal  Employers'  Liability  Act 
to  supersede  state  statute.  1915C,  1. 

Abrogation  of  defense  of  assumption  of  risk 
by.  1915C,  1,  9;  1916E,  927. 

Abrogation  of  fellow  servant  rule  by. 
1917C,  37. 

What  constitutes  ways  and  works  of  the  em- 
ployer within  meaning  of.  1915F,  1036. 

Duty  under  Federal  Employers'  Liability 
Act  to  keep  trains  under  control,  main- 
tain lookout,  or  give  warning  of  ap- 
proach of  trains.  1915C,  27. 

Question  as  to  construction  of  Federal  Em- 
ployers' Liability  Act  as  conferring  ap- 
pellate jurisdiction.  1915C,  1. 

Questions  reviewable  on  appeal  from  allow 
ance  of  damages  under  Federal  Employ- 
er's Liability  Act.  1916C,  817. 

Effect  of  fraud  preventing  action  under  Fed- 
eral Employers'  Liability  Act  within 
prescribed  time.  1917E,  322. 

Setting  off  against  judgment  in  action  un- 
der Federal  Employers'  Liability  Act 
amount  which  employer  owes  employee 
for  insurance  under  special  contract. 
1917E,  539. 

Permitting  less  than  unanimous  verdict  in 
action  under.  1917F,  367. 

When  injured  servant  is  within  protection 
of  the  Federal  Employers'  Liability 
Act.  1915C,  17;  1915D,  503,  557; 
1916A,  403;  1916C,  797;  1916E,  916; 
1916F,  540;  1917D,  1;  1917E,  262,  677, 
734. 


Liability  under  Federal  Employers'  Lia- 
bility Act  for  assault  on  servant  by 
fellow  servant.  1917E,  741. 

Applicability  to  injury  within  operation  of 
Federal  Employers'  Liability  Act  of 
contract  requiring  servant  to  notify 
master  of  injury.  1915F,  551. 

Duty  of  jury  to  apportion  negligence  cf  em- 
ployer and  employee  under.  Federal  Em- 
ployers' Liability  Act.  1916C,  800. 

Who  entitled  to  recover  for  death  under 
Federal  Employers'  Liabilitv  Act. 
1916C,  800,  964;  1916E,  185. 

Apportionment  of  damages  for  death. 
1916C,  800. 

Extent  of  recovery  under  Federal  Employ- 
ers' Liability  Act.  1915E,  1201;  1916C, 
817;  1916E,  185;  1917E,  1050. 

Recovery  of  punitive  damages  under  Fed- 
eral Employer's  Liability  Act.  1917 F, 
717. 

Reduction  to  present  cash  val'-e  of  future 
benefits  of  which  beneficiaries  are  de- 
prived by  death  in  action  under  Federal 
Employers'  Liability  Act.  1917F,  367. 

Rules  and  regulations;  methods  of 
•work. 

Servant's  disobedience  to  rules,  see  infra. 

Failure  to  establish  proper  rules  as  proxi- 
mate cause  of  injury  to  servant.  1915C, 
33. 

Question  for  jury  as  to  care  of  employer  to 
see  that  rules  are  enforced.  1917C, 
328. 

Reasonableness  of  rule.    1916E,  927. 

Effect  of  rule  to  relieve  yard  engines  of  duty 
of  taking  precautions  to  protect  them- 
selves from  extras.  1916E,  927. 

Waiver  by  employer  of  obedience  to  rule. 
1915F,  558. 

Sufficiency  of  proof  of  abrogation  of  rule. 
1916E,  927. 

Sufficiency  of  proof  of  custom  to  violate 
rule.  1915F,  1114. 

Burden  of  proving  that  servant  violating 
rules  did  so  in  performance  of  duty. 
1915D,  503. 

Duty  to  warn  or  instruct. 

Annotation. 

Liability  of  master  for  intentional  "kill- 
ing or  injury  of  a  servant  by  a  third 
person  where  the  master  knoirhif/- 
ly  exposed  the  employee  to  danf/er 
without  warning  him.  1917F, 
753. 

Delegation  of  duty.     191 7C,  328. 

Duty  under  Federal  Employer's  Liability 
Act  to  give  servant  working  on  tract 
warning  of  approach  of  trains.  1915C, 
27. 

Liability  of  master  on  ground  that  he  has 
failed  to  perform  his  nondelegable  duty 
of  giving  signals,  for  injury  to  employee 
under  duty  to  give  them  himself. 
1916F,  907. 

Duty  to  warn  employee  working  on  tracks 
of  approach  of  trains.  1916F,  551. 


MASTER  AND  SERVANT. 


Failure  to  warn  street  car  conductors  of 
danger  from  intoxicated  passengers. 
191 6E,  332. 

Duty  to  warn  servant  of  risk  of  in  ..ry  by 
nails  in  scaffolds.  1915F,  1036. 

Warning  to  children.     1915F,  658. 

Safety  as  to  place  and  appliances. 

—  in  general. 

Delegation  to  fellow  servant  of  duty  as  to, 

see  infra. 
Assumption  of  risk  as  to,  see  infra. 

Annotations. 

Applicability  of  rule  res  ipsa  loquitur 
as  between  master  and  servant. 
1917E,  4. 

Applicability  of  rnle  res  ipsa  loquitur 
in  case  of  injury  to  servant  by  ex- 
plosion. 1917E,  187. 

Applicability  of  res  ipsa  loquitur  in  case 
.  of  injury  to  servant  by  fall  of  ob- 
ject. 1917E,  20 1. 

Applicability  of  res  ipsa  loquitur  in 
case  of  injury  to  servant  by  break- 
ing of  rope,  chain,  etc.  1917 'E, 
239. 

Applicability  of  res  ipsa  loquitur  in  case 
of  injury  to  servant  by  electrical 
appliances.  1917E,  248. 

Liability  for  injuries  caused  by  lack,  or 
insufficiency  of  fire  escapes. 
1917C,  1153. 

Duty  under  Employers'  Liability  Acts 
of  oivner  to  servants  of  contractor, 
or  of  principal  contractor  to  serv- 
ants of  subcontractor,  as  to  con- 
dition of  place  or  appliance. 
1917 D,  991. 

General  rule  as  to.     1915F,  21. 

Effect  on,  of  Workmen's  Compensation  Act. 
1916A,  389. 

Presumption  and  burden  of  proof  as  to  neg- 
ligence. 1915F,  15;  1917D,  115;  1917E, 
178,  182,  233,  242. 

Question  for  jury  as  to  safety  of  appli- 
ances. 1917F,  671. 

Rule  as  to  master's  duty  embraces  both 
human  instrumentalities  and  mechani- 
cal devices.  1917D,  959. 

Notice  to  foreman  of  defective  condition  of 
tools,  as  notice  to  master.  1916F,  1237. 

Injury  to  employee  from  defect  in  simple 
tool  used  by  fellow  servant.  1915F, 
1237. 

Liability  for  injury  through  failure  to  make 
necessary  repairs,  to  servant  whose 
duty  it  is  to  see  that  repairs  are  made 
when  needed.  1915F,  806. 

Duty  to  furnish  employee  in  wood  working 
plant  timber  free  from  knots.  1916F, 
d66. 

Injury  by  vicious  horse.     1015B,  433. 

Injury  by  chip  from  steel  chisel.     1915C,  9. 

Injury  by  head  flying  off  maul.  1916F, 
1237. 

Duty  as  to  fire  escapes.     1915E,  519. 

Injury  on  elevators.     101 5F,  712. 

Scaffolds.    1915F,  15,  1036;  1917F,  497,  500. 


Explosions    and    explosives.      1917E,    178, 

182:  1917F,  1043. 
Breaking  of  cable.    1917E,  233. 
Electrical    uses    and    appliances.      1916C, 

1270;  1916D,  962,  1064;  1917E,  242. 

—  machinery. 

Enforcement    in    other    state    of    statutory 

right  of  action  for  injury  by  defective 

machinery.     1916D,  685. 
Attempting  to  move  machinery  with  crane 

of  insufficient  capacity.     1917C,  1199. 
Guarding    dangerous     machinery.       1915F, 

1000;   1916F,  866,  949. 

—  in  mines. 

Effect  of  statute  requiring  employment  of 
mine  foreman,  and  absolving  master 
from  liability  for  their  negligence,  on 
master's  duty  as  to  place  and  appli- 
ances. 1916C,  1270. 

What  places  must  be  made  safe.  1916F, 
1220. 

Injury  by  uninsulated  electric  wire  in  mine 
entry.  1916C,  1270. 

—  railroad  and  street  railway  cases. 
Proximate  cause  of  injury,  see  PBOXEMATE 

CAUSE. 

Annotations. 

Applicability  of  res  ipsa  loquitur  in 
case  of  injury  to  servant  by  derail- 
ment of  rolling  stock.  1917E,  212. 

Applicability  of  res  ipsa  loquitur  in 
case  of  injury  to  servant  from  de- 
fect in  rolling  stock.  1917E,  226. 

Presumption    and    burden    of    proof    as    to 

negligence.     1917E,  210,  215. 
Duty  to  servant  while  in  company's  yards 

in  disobedience  of  order  of  his  superior. 

1916F,  95. 
What  is  a  "way"  within  meaning  of  statute. 

1915C,  39. 

Requiring  inexperienced  and  youthful  em- 
ployee to  travel  along  top  of  cars  while 

train  is  in  motion  and  wind  is  blowing 

and  while  boards  on  one  car  are  loose. 

1917E,  215. 
Duty    as    to    track    and    roadbed.      1916E, 

204;   1916F,  1219;   1917D,  959;    1917F, 

802. 
Failure  to  illuminate  at  night  low  bridge 

over  tracks.     1915F,  838. 
Condition  of  cars  generally.     191 7E,  215. 
Safety  appliances;  couplers.     1916D,  1042; 

1917A,  558;  1917E,  1,  210. 
Using  light  locomotive.     1917F,  802. 
Using  stub  pilot  instead  of  long-nosed  pilot 

on  engine.     1917F,  802. 
Statute   regulating   form    and   construction 

of  caboose  cars.     1915D,  458. 
Death  of  fireman  by  overturning  of  engine. 

1917E,  210. 
Running    of    trains.      1916C,    27,    39,    428; 

1916F,  95;  1916E,  204. 

—  inspection. 

Dutv  to  inspect  simple  tools.  1916F,  1237 ; 
1917E,  677. 


MASTER  AND  SERVANT. 


283 


Duty  to  ascertain  whether  charge  of  dyna- 
mite has  exploded  before  permitting  em- 
ployees to  go  to  the  spot  to  work. 
1916D,  311. 

Selection  and  retention  of  employees. 

Master's  duty  to  furnish  reasonably  com- 
petent fellow  servants.  1915F,  21. 

Statute  abolishing  assumption  of  risk  aris- 
ing out  of  failure  to  exercise  care  in 
selection  of  servant;  effect  on  master's 
defense  of  freedom  from  negligence. 
1917D,  15. 

Liability  to  volunteers  and  servants 
of  third  persons. 

Landlord's  liability  to  servants  of  tenant, 
see  LANDLORD  AND  TENANT. 

Annotations. 

Duty  -under  Employers'  Liability  Acts  of 

owner  to  servants  of  contractor,  or 

of  principal  contractor  to  servants 

^of  subcontractor,  as  to  condition  of 

•  place  or  appliance,     1917D,  991. 

Responsibility  of  general  employer  for 
negligence  of  employee  in  operat- 
ing elevator  for  convenience  of 
^cor^tman  not  in  former's  employ. 
1917E,  96-. 

Question  for  jury  as  to.     1916B,  987. 
Volunteers.     1915F,  25;   1916F,  95;   1917C, 

1199. 
Servants  of  third  person  generally.     1915F, 

1125;  1916B,  987;  1916D,  311. 
Injury  to   servants   of   contractor.     1916D, 

836. 

Servant's  assumption  of  risks. 
—  in  general. 

Annotations. 

Effect  of  rule  as  to  assumption  of  risk 
on  application'  of  rule  of  res  ipsa 
loquitur.  1917E,  52,  194,  2O9. 

Inference  of  assumption  of  risk,  as  af- 
fecting applicability  of  res  ipsa  lo- 
quitur in  case  of  injury  to  servant 
by  explosion.  1917E,  194. 

Question  for  jury  as  to.  19150,  9;  1916D, 
1042. 

Right  of  master  to  benefit  of  evidence  given 
by  plaintiff  tending  to  show  assumption 
of  risk.  19]  5C,  9. 

Effect  of  erroneous  statement  in  instruc- 
tions as  to  assumption  of  risk  in  case 
where  that  doctrine  does  not  apply. 
1917E,  242. 

Application  of  maxim  of  res  ipsa  loquitur 
where  doctrine  of  assumption  of  risk 
has  been  abrogated.  1917E,  242. 

Application  of  rule  of  assumption  of  risk 
to  interstate  as  well  as  intrastate  com- 
merce. 1917C,  481. 

Validity  of  contract  as  to.     1917D,  641. 

Validity  of  statute  abolishing  defense  of. 
1916A,  389;  1917D,  15,  71. 


Effect  of  statute  to  abolish  defense  of  as- 
sumption of  risk.  1915C,  1,  9,  39; 
1916E,  927. 

Effect  on,  of  Workmen's  Compensation  Act. 
1916A,  389;  1916B,  1281;  1916D,  412. 

Effect  of  statutory  provisions  abolishing  de- 
fense of  assumption  of  risk  on  master's 
right  to  set  up  defense  of  freedom  from 
negligence.  1917D,  15. 

Duty  of  servant  to  exercise  his  own  skill 
and  diligence  to  protect  himself. 
1917C,  481. 

—  dangers    obvions   and  incidental  to 

•work. 

Effect  on,  of  Workmen's  Compensation  Act. 

1916B,  1281. 
By   servant   employed   to  work   on   electric 

wires.     1916B,  1281;  1916D,  962. 
Risk  of  falling  from  roof  because  of  absence 

of  gutters  or  hangers.     1915D,  157. 
Risk  of  heat  prostration.    1915E,  613. 

—  defective    or    dangerous    tools,    ma- 

chinery,     appliances,      places,     or 
methods  of  work. 
Effect  of  servant's  knowledge,  see  infra. 

Effect  of  Federal  Employers'  Liability  Act 

on.     1915C,  1. 
Risk  of  maul  flying  from  handle.     1916F, 

1237. 
Risk  of  injury  by  explosion  of  missed  shot 

in  blasting.     1915F,   578;    1916D,   311. 
Danger   of   being  caught  between   standing 

post  and  an  engine  of  unusual   width 

while  moving  engines  in  round  house. 

1916D,  1206. 
Danger  arising  from  condition  of  track  and 

roadbed.    1915E,  417. 

Defective  couplings  on  cars.    191 6D,  1042. 
Method  of  running  trains  or  cars.     1916E, 

927. 


—  knowledge  by  servant  of  defect  or 
danger. 

Injury  to  minor  employees,  see  infra. 

Opinion  evidence  as  to  mental  capacity  to 
appreciate  danger.  1915F,  558. 

Recovery  at  common  law  where  servant 
knew  of  the  danger.  1917E,  242. 

Assumption  of  risk  from  improper  method 
of  work,  of  which  employee  knows  but 
the  danger  of  which  he  does  not  appre- 
ciate. 1917F,  1043. 

Statute  permitting  recovery  under  certain 
conditions  notwithstanding  servant 
knew  of  the  danger.  1917E,  242. 

Effect  of  knowledge  on  duty  to  comply  with 
command.  1917C,  481. 

Assumption  by  street  car  conductor  of  risk 
of  injury  of  working  with  incompetent 
motorman.  1916F,  1208. 

Risk  of  epileptic  seizure  by  servant  working 
about  blast  furnace.  1915E,  369. 

Danger  of  unsafe  roof  of  tunnel.  1915F, 
810. 

Master's  promises  and  assurances.  1915C, 
9. 


284 


MASTER  AND  SERVANT. 


—  compliance  with  commands. 

Knowledge  by  servant  of  danger  of  comply- 
ing with  order,  or  equal  means  with 
employer  of  knowing  danger.  1917C, 
481. 

Where  order  was  not  a  negligent  one. 
1917C,  481. 

Obeying  direction  of  employer  to  drive  coun- 
try horse  not  broken  to  streets  of  city 
a  second  day  after  reporting  its  bad 
behavior  on  first  day  of  trial.  1915JB, 
433. 

Attempt  of  servant  to  operate  lifting  jack 
which  is  beyond  his  strength  when  com- 
manded to  do  so  by  his  foreman. 
1916D,  445. 

—  minor  employees. 

Question  for  jury  as  to  ability  of  minor  to 
appreciate  danger.  1915F,  558. 

Evidence  of  admissions  by  minor  injured 
during  course  of  work.  1915F,  558. 

Opinion  evidence  as  to  mental  capacity  to 
appreciate  danger.  1915F,  558. 

Risk  of  handling  dangerous  or  defective  ma- 
chinery. 1915F,  558. 

—  fellow  servant's  negligence. 

Assumption  by  servant  of  risk  of  injury 
from  negligence  of  fellow  servant  aug- 
mented by  that  of  the  master.  1916C, 
1270. 

Assumption  by  street  car  conductor  of  risk 
of  injury  of  working  with  incompetent 
motorman.  1916F,  1208. 

Contributory  negligence  of  servant. 

—  in  general. 

Annotation. 

Inference  of  contributory  negligence  as 
affecting  applicability  of  rule  res 
ipsa  loquitur  in  case  of  injury  to 
servant  by  explosion.  1917E,  194, 
209,  215,  231,  24=1,  249. 

Abrogation  of  defense  by  statute.  1916A, 
389;  1916D,  412;  1916F,  949;  1917D, 
15. 

Question  for  jury  as  to.     1916D,  962,  1042. 

Special  interrogatories  as  to.     1915F,  803. 

Presumption  and  burden  of  proof  as  to. 
"1915F,  558;  1917D,  15. 

Evidence  on  question  of.     1917A,  1128. 

Admissibility  under  pleadings  of  evidence 
of  mental  incompetency  of  injured 
servant  offered  to  negative  contribu- 
tory negligence.  1917D,  556. 

Contributory  negligence  as  proximate  cause 
of  injury.  1916D,  1064. 

Application  of  doctrine  of  last  clear  chance. 
1916F,  95. 

Effect  of  negligence  of  servant  in  choosing 
dangerous  method  of  doing  work  though 
master  has  been  negligent  in  failing  to 
warn  him  and  in  failing  to  supply  safe- 
ty appliances.  1917F,  881. 

Duty  of  servants  to  determine  whether  ma- 
terial furnished  for  scaffold  is  suitable 
for  the  purpose.  1917F,  500. 


Going  upon  wet  and  slippery  walk  along 

mill    dam    in    performance    of    duty. 

1916A,  10.    . 
Hitting  mule  with  whip  while  stopping  near 

its  heels.     1916D,  1229. 
Tripping  over  foot  scraper  set  adjacent  to 

space     leading     into     master's     office. 

1915F,  583. 
Of  infant.     1915F,  558,  803;   1917A,  1128; 

1917F,  187. 

—  railroad  and  street  railway  cases. 

Disobeying  rules,  see  infra. 

Question  for  jury  as  to.     1916D,  1042. 

Application  of  doctrine  of  last  clear  chance. 
1916F,  95. 

Drunkenness  of  section  foreman.    1916F,  95. 

Of  employee  struck  by  fender  of  engine 
whose  presence  he  was  anticipating. 
1916C,  428. 

Right  of  foreman  of  construction  gang  to 
rely  on  observations  by  those  in  charge 
of  trains  of  rules  established  for  move- 
ment of  trains.  191 5C,  27. 

In  coupling  cars.     1915F,  3. 

Disobedience  of  rules. 

Effect  of  usage  or  practice  to  violate  rule. 
1915F,  1114. 

Sufficiency  of  proof  of  abrogation  of  rule. 
1916E,  927. 

Exercising  only  ordinary  care  to  comply 
with  rules.  1916E,  263. 

Effect  of  disobedience  of  rule  where  observ- 
ance of  it  would  interfere  with  compli- 
ance with  another  rule.  1916E,  263. 

Liability  for  injury  to  servant  through  dis- 
obedience of  rule  by  other  servant. 
1916E,  263;  1916F,  869. 

Failure  of  servant  entering  mine  to  obey 
rule  as  to  signal  before  entering. 
1916F,  907. 

Railroad  and  street  railway  cases.  1915C, 
33;  1916E,  263;  1916F,  95. 

Fellow  servants  and. their  negligence. 

—  in  general. 

Negligence  in  selection  and  retention  of  fel- 
low servnt,  see  supra. 

Annotations. 

Effect  of  fellow  servant  rule  on  appli- 
cation of  rule  res  ipsa  loquitur. 
1917E,  52,  194,  208,  232,  241, 
249. 

Inference  of  negligence  of  fellow  serv- 
ant as  affecting  applicability  of 
rule  res  ipsa  loquitur  in  case  of 
in  jury  to  servant  by  explosion. 
1917E,  194. 

Liability   of   fellow   servant.      1916F,    561; 

1917E,  1152. 
Validity   of   statute   abolishing   defense   of. 

1916A,  389. 
1  Act  of   fellow   servant   as   proximate  cause 

of  injury.    1916D,  311. 
Liability  of  shipowner  for  injury  to  seaman 

by    negligence    of    boatswain.       1917F, 

671. 


MASTER  AND  SERVANT. 


285 


—  delegation  of  master's  duty  to. 

Of  master's  own  positive  duty.     1915F,  810. 
As  to  warning  of  danger.     1917C,  328. 
Duty  to  repair  defects  in  tools  arising  from 

daily  use.    19i5E,  699. 
Duty  to  provide  all  permanent  conditions  of 

safety  for  the  service  required.    1915F, 

810. 
Duty  to  keep  roof  of  tunnel  safe.     1915F, 

810. 
Negligence   of   foreman    in   construction   of 

scaffolds.     1915F,  15. 

—  concurrent     negligence     of     master 

and  fellow  servant. 

Assumption  by  servant  of  risk  of  injury 
from  negligence  of  fellow  servant  aug- 
mented by  that  of  the  master.  1916C, 
1270. 

Theory  that  negligence  of  foreman  combined 
with  his  negligence  as  a  fellow  servant 
in  causing  injury.  1916F,  1208. 

—  change  of  rule  by  statute. 

Application  of  maxim  res  ipsa  loquitur 
where  doctrine  of  fellow  servant  has 
been  abrogated.  191 7E,  242. 

Constitutionality  of  statute.     1917D,  15. 

Abolition  of  defense  that  injury  was  caused 
by  fellow  servant  on  ri^it  to  set  up 
defense  of  freedom  from  negligence. 
1917D,  15. 

Effect  of  Federal  Employers'  Liability  Act. 
1915C,  37. 

Abrogation  of  fellow  servant  doctrine  by 
Workmen's  Compensation  Act.  1916D, 
412. 

—  who  are  fellow  servants. 
Servants  of  independent  contractor  as  fellow 

servants  of  employees  of  property  own- 
er. 1916D,  836. 

Boatswain  supervising  unloading  of  cargo  as 
vice  principal  with  respect  to  seamen. 
1917F,  671. 

Operator  of  elevator  as  fellow  servant  of 
stenographer  riding  thereon.  1915F, 
782. 

Employees  in  sacking  department  of  cement 
plant  as  fellow  servants  of  employee  in 
packing  department.  1915E,  699. 

Boiler  maker  and  his  helper  as  fellow  serv- 
ants. 1915C,  17. 

One  operating  ore  cars  in  mine  as  fellow 
servant  of  employee  injured  by  negli- 
gence of  former  in  failing  to  place  a 
lamp  on  the  front  of  the  car  when  start- 
ing on  a  trip.  1916D,  405. 

—  for    -what     acts     of    fellow     servant 

master  is  liable. 
Who  are  fellow  servants,  see  supra. 
Under    Workmen's    Compensation   Act,    see 

WORKMEN'S  COMPENSATION. 

Acts  done  in  disobedience  of  master's  rules. 

1916F,  869. 
Negligence   of   servant   acting   in   violation 

of  express  orders.     1915F,  21. 
When    negligent    servant    is    acting   within 

scope  of  his  employment.     1915F,  21. 


Liability  of  owner  of  building  applying  to 
labor  union  for  foreman  to  paint  it,  for 
the  latter's  negligence  in  construction 
of  scaffolds,  though  it  was  agreed  that 
the  painters  should  construct  their  own 
scaffolds.  191 5F,  15. 

Negligence  of  fellow  servant  in  dislodging 
brace  of  scaffold.  1917F,  497. 

Negligence  of  fellow  servant  in  foiling  to 
place  light  on  reversed  engine  accord- 
ing to  rule.  1915C,  428. 

Assault  by  servant  on  fellow  servant. 
1916C,  1200,  1203;  1916E,  1151;  1917E, 
741. 

Master's  liability  for  acts  of  servant 
or  independent  contractor. 

—  for  acts  of  servant  or  agent. 

When  relation  exists,  see  supra. 

Carrier's  liability  for  acts  of  employees 
towards  passenger,  see  CABRIEBS. 

Damages  for,  see  DAMAGES. 

Liability  of  city  for  negligence  of  its  offi- 
cers or  agents,  see  MUNICIPAL  CORPO- 
RATIONS. 

Annotations. 

Liability  of  bank,  -for  misappropriation 
of  collections  by  its  employees. 
19 17 A,  522. 

Liability  of  railroad  company  for  per- 
sonal injuries  by  objects  thrown 
from  moving  train.  1917B,  916. 

Effect  of  verdict  for  servant  in  an  ac- 
tion against  master  and  servant  for 
servant's  negligence  or  misfea- 
sance. 1917E,  1O29. 

Liability  of  railroad  company  for  act 
of  employee  in  inviting  pedestrians 
to  cross  train  obstructing  highway. 
1917E,  823. 

Liability  of  master  for  injury  to  person 
riding  with  servant  by  latter's  in- 
vitation or  permission.  1917F, 
425. 

Liability  of  owner  of  automobile  upon 
the  ground  of  dangerous  agency  or 
negligence  in  intrusting  car  to  in- 
competent or  negligent  person  for 
injuries  inflicted  while  the  latter  is 
operating  the  car  for  his  own  pur- 
pose. 1917F,  384. 

General  rule  as  to.    191 7F,  1043. 
Applicability  to  rule  of  respondeat  superior 

to  corporations.     1916E,  771. 
Liability  of  hospital  for  negligence  of  nurse. 

1915D,  334,  1167. 

Liability  of  county.     1916B,  1261. 
Right  to  enter  judgment  against  master  for 

wrongful  act  of  servant  where  verdict 

has  been  returned  in  favor  of  the  serv- 
ant.   1917E,  1023. 
Question   for   jury   as   to   whether    servant 

was  acting  within  scope  of  authority. 

1917E,  715. 
Admissibility  against  master  of  admissions 

of  agent  or  servant.     191 5A,  153. 
Evidence  to  show  real  character  of  act  for 

which  master  is  sought  to  be  held  liable. 

1915F,  516. 


286 


MASTER  AND  SERVANT— MATERIALITY. 


Admissibility  in  action  against  railroad  to 
recover  for  assault  by  its  agent,  since 
deceased,  of  testimony  of  the  victim  as 
to  the  assault.  1916D,  810. 

Sufficiency  of  evidence  to  take  case  to  jury. 
1916D,  836. 

Liability  for  employee's  failure  to  observe 
prescribed  rules  and  instructions. 
1917F,  1043. 

Liability  for  injury  to  business  of  physician 
by  act  of  employee  in  carrying  into 
effect  rules  of  relief  association.  1916B, 
835. 

Liability  for  acts  of  special  policemen. 
1915F,  714. 

Liability  of  telegraph  company  for  injury 
to  pedestrian  by  its  messenger  who,  hav- 
ing snatched  a  paper  from  a  newsboy, 
in  attempting  to  escape  runs  heedlessly 
against  the  person  injured.  1917F,  489. 

Liability  of  owner  of  ranch  for  injury  to  em- 
ployee of  one  contracting  to  saw  wood 
for  him  by  negligence  of  his  foreman 
who  attempts  to  feed  the  wood  to  the 
saw  himself.  191 6D,  836. 

Failure  of  servant  in  charge  of  powder 
house  to  object  to  removal  of  powder 
by  small  boys;  effect  on  master's  lia- 
bility for  injury.  1917 A,  1290. 

Liability  of  one  conducting  school  for  in- 
struction in  automobile  driving  for  in- 
jury through  incompetence  of  pupil 
intrusted  with  management  of  car  by 
teacher.  1917A,  394. 

Liability  of  owner  of  automobile  for  negli- 
gence of  driver  while  using  car  for  his 
own  purpose.  1916A,  954. 

Authority  of  driver  of  moving  van  to  in- 
vite owner  of  goods  to  accompanv  them 
on  the  van.  1917F,  422. 

Act  of  engineer  in  inviting  child  to  ride  on 
engine.  1915E,  888. 

Injury  by  wood  thrown  from  engine  by 
fireman  for  his  own  use  against  rules 
of  company.  1917B,  915. 

Invitation  of  crossing  tender  to  cross  be- 
hind train  blocking  highway  crossing 
as  beyond  scope  of  authority.  1917E, 
819. 

Act  of  fireman  in  ordering  trespassing  boy 
off  moviag  train,  as  within  scope  of  au- 
thority. 1917C,  1066. 

Damages  resulting  from  fire  maintained  by 
laborers  on  railroad  right  of  way  for 
their  own  domestic  purposes.  1917F, 
1120. 

Liability  for  injury  to  eight  year  old  boy 
attempting  to  assist  in  pushing  car 
along  track  in  disobedience  of  orders. 
1917F,  116. 

Negligent  use  of  signal  torpedo  by  brake- 
man.  191 6F,  945. 

Liability  of  railroad  company  for  negligence 
of  servants  causing  loss  of  mail  in 
transportation.  191 5 A,  374. 

Act  of  elevator  operator  in  agreeing  with 
independent  contractor  engaged  in 
work  upon  the  shaft  not  to  let  the 
car  descend  below  a  certain  floor  with- 
out permission  from  the  contractor. 
1917E,  961. 


Liability  of  one  maintaining  elevator  for 
negligence  of  persons  employed  to  in- 
spect it.  1916C,  1245. 

Tortious  act  of  servant  toward  trespasser. 
1916E,  1134. 

Wanton  or  malicious  acts  generally.  1915C, 
1183. 

Abuse  by  servant.     1915F,  516;  191 6E,  912. 

Assault.  1915E,  704;  1916C,  1200,  1203; 
1-916E,  356,  1151;  1917E,  741. 

Libel  or  slander  by  servant.  1915D,  867; 
1917D,  559. 

Act  of  bartender  in  pouring  alcohol  over 
foot  of  guest  and  setting  fire  thereto. 
1916E,  269. 

Conversion.     1915F,  1009. 

Theft.    1915C,  712. 

False  imprisonment.    1915F,  1247. 

—  for  acts  of  independent  contractors. 
Liability  of  municipality.     1917D,  234. 
Injury  to  employee  of  subcontractor,  due  to 

defective  appliances.     1917D,  988. 
Liability  for  injury  to  one  volunteering  to 

assist  independent  contractor.     19l5F, 

1125. 

Injuries  by  defective  appliances.    1915F,  15. 
Negligence  in  blasting.     1916D,  101. 
Negligence  in  permitting  loose  materials  to 

blow  from  top  of  building.    1915F,  835. 
Drowning  of  child  in  well  dug  by  independ- 
ent   contractor    for    his    own    purpose. 

1915A,  731. 
Liability  of  carrier  for  injury  to  business 

of  shipper   by   failure   of   its   agent  to 

forward    promptly    logs    tendered    for 

shipment.     1915C,  250. 
Who   are  independent  contractors.     1915D, 

476;  1915F,  1125. 

Liability  of  servants  or  independent 
contractors. 

Liability  of  agent  for  negligence.  1917C, 
77. 

Right  of  agent  of  city  to  city's  exemption 
from  liability  for  injury  by  his  negli- 
gence. 1916D,  508. 

Liability  of  workman,  employed  to  repair 
work,  for  injury  resulting  from  negli- 
gence in  doing  the  work.  1916F,  566. 

For  injuries  to  other  servants.  1916F,  561 ; 
1917E,  1152. 

Liability  of  independent  contractors.  1915E, 
766;  1917A,  128;  1917C,  907;  1917D, 
234;  1917E,  1092. 


MATCHES. 

Annotation. 

Construct  inn  and  effect  of  provisions 
against  Jteepinf/.  on  insured  prem- 
ises. 1917C,  27S. 


MATERIALITY. 

Of  alteration  of  instrument,  see  ALTEBATION 

OF  INSTRUMENTS. 
Of  evidence,  see  EVIDENCE. 


MATERIALS— MECHANICS'  LIENS. 


287 


MATERIALS. 

What   are   materials   within    protection   of 

contractor's  bond,  see  BONDS. 
Lien  for,  see  MECHANICS'  LIENS. 

« • » 


MATTRESSES. 

Forbidding  use  of  secondhand  material  in 
making.     1916C,  775. 


MATURITY. 

Of  note,  see  BILLS  AND  NOTES. 


MAUL. 

Injury  to   employee  because   of  defect  in. 
1916F,  1237. 


MAXIMS. 

As     to     equity    principles     generally,     see 
EQUITY. 


MAYHEM. 

Wilfulness  as  part  of  the  offense.     1916E, 

492. 
Biting  ear  of  adversary  in  mutual  combat; 

right  to  instruction  on  simple  assault. 

1916E,  492. 


MAYOR. 

Effect  of  acceptance  by  mayor  of  other  office 
to  vacate  office  of  mayor.  1917A,  211. 

Removal  of,  from  office.     1916D,  1090. 

Mandamus  to.     1916D,  321;   1917F,  535. 

Authority  of  mayor  to  sign  contracts  as 
including  authority  to  sign  bonds. 
1915A,  1009. 


MEANING. 

Parol  evidence  as  to,  see  EVIDENCE. 


MEASURES. 

See  WEIGHTS  AND  MEASURES. 


MEAT. 

Liability   for   sale  of   unfit  meat. 
1272. 


1917B, 


Sufficiency  of  proof  of  violation  of  ordinance 
penalizing  fraudulent  sale  of  spoiled 
meat.  1916E,  326. 

Prosecution  under  state  statute  for  sale  in 
original  package  of  diseased  meat 
shipped  from  other  state.  1917B,  1272. 


MECHANICS'  LIENS. 

In  general. 

The  right;  when  lien  exists. 

Priorities. 

For  what  work  or  materials. 

To  what  property  attaches. 

Of    subcontractors    and    materialmen. 

How  waived  or  defeated. 

Enforcement;  procedure. 


In  general. 

Annotation. 

Who  may  take  advantage  of  failure  to 
file  assignment  of  a  building  con- 
tract or  of  the  money  due  there- 
under. 1917F,  1127. 

Application  in  favor  of  attaching  creditor 
of  contractor,  or  one  having  judgment 
against  him  for  personal  injuries,  of 
provision  in  Mechanics'  Lien  Law,  that 
no  assignment  by  a  building  contractor 
of  funds  due  under  the  contract  shall 
be  valid  unless  recorded.  1917F,  1123. 

Application  of  payments  made  by  contractor 
to  materialmen.  1916D,  1247. 

The  right;  •when  lien  exists. 

Annotation. 

Power  of   lessee   or  vendee  to  subject 

owner's  interest  to  mechanics'  lien. 

1917D,   577. 

Lessee  as  agent  of  landlord  for  creation  of 
mechanics'  liens.  1917D,  575. 

Right  of  architect  to,  where  owner  abandons 
construction  of  the  building.  1915D, 
204. 

Priorities. 

Over  mortgage.     191 7C,  1116. 

Between  mechanics'  lien  and  attorneys'  fees 
provided  for  by  mortgage.  1917C, 
1116. 

Priority  between  judgment  creditors  of  rail- 
road company  and  mechanic's  lien  in 
favor  of  construction  company,  members 
of  winch  are  directors  of  the  railway. 
1916A,  779. 

For  what  work  or  materials. 

Annotation. 

Mechanics'  liens  for  cultivation,  care 
or  improvement  of  soil,  or  beau- 
tifying premises  generally.  1O17D, 
351. 


288 


MECHANICS'  LIENS— MEMORANDA. 


Lien  for  cultivating  and  caring  for  an  or- 
chard. 1917D,  349. 

Necessity  of  actual  delivery  upon  the  prem- 
ises of  material  sold  contractor  for  use 
in  building.  1915E,  302. 

Materials  not  used.  1915B,  708;  1915E, 
302. 

Supplies  for,  and  repairs  to,  machinery  of 
contractors  used  in  excavating.  1915B, 
708. 

Materials  for  erection  of  tool  house.  1915B, 
708. 

Lighting  materials  and  supplies.  1915B, 
708. 

Lubricants.    1915B,  708. 

Explosives.    1915B,  708. 

Coal  consumed  by  machine  used  in  construc- 
tion of  railway.  1917C,  580. 

Coal  sold  to  highway  contractor  and  used  to 
generate  steam  to  propel  engines. 
1915E,  986. 

Coal  and  gasolene  for  generation  of  power. 
1915B,  708. 

To  what  property  attaches. 

Annotation. 

Mechanics'  liens  upon  building  distinct 
from  the  land.  1917C,  1119. 

Right  to  enforce  lien  against  building  dis- 
tinct from  land.  1917C,  1116. 

Trust  property  or  proceeds  thereof.  1916B, 
1264. 

Of  subcontractors  and  materialmen. 

Effect  of  application  by  materialman  of 
money  paid  him  by  contractor,  who 
had  received  it  on  account  of  a  particu- 
lar job,  upon  accounts  against  the  con- 
tractor arising  out  of  other  jobs. 
1916D,  1247. 

Effect  of  bankruptcy  of  principal  contractor 
on  liens  of  subcontractors  and  material- 
men.  1916F,  106. 

How  waived  or  defeated. 

Abandonment  of  construction  of  building 
by  owner.  1915D,  204. 

Effect  of  application  by  materialman  of 
money  paid  him  by  contractor,  who  had 
received  it  on  account  of  a  particular 
job,  upon  accounts  against  the  con- 
tractor arising  out  of  other  jobs. 
1916D,  1247. 

Enforcement;  procedure. 

Right    to    enforce   mechanics'    lien    against 

building  distinct  from  the  land.    1917C, 

1116. 
Necessity  of   filing,   before   bringing   action 

on  contractor's  bond.     1917D,  722. 
Time  of  filing  lien  or  giving  notice.    1915D, 

204;    1915F,  1132. 
Personal   judgment  for   deficiency.     1915F, 

1132. 


MEDICAL  ASSOCIATION. 

Delegation  of  power  to.     1917D,  996. 


Libel  in  giving  name  of  slow-pay  patients  to 
list  prepared  by  association.  1916B, 
915. 


MEDICAL  SERVICES. 

In  general,  see  PHYSICIANS  AND  SUBGEONS. 

Annotation. 

As  necessaries  within  statute  rendering 
wife  or  her  property  liable  there- 
for. 1917F,  863. 

Allowance  for,  under  Workmen's  Compensa- 
tion Act.  1916A,  1;  1916F,  957. 


MEDICAL  TREATMENT. 

Annotation. 

Duty  of  injured  employee  seeking  re- 
covery under  Workmen's  Compen- 
sation Act  to  submit  to.  1917D, 

174:. 


MEDICINE. 

Practice  of,  see  PHYSICIANS  AND  SUBGEONS. 

Death  of  employee  through  mistake  in  tak- 
ing, as  within  protection  of  Workmen's 
Compensation  Act.  19 17 A,  349. 


MEETINGS. 

Of  corporate  officers,  see  CORPORATIONS. 
Of  stockholders,  see  CORPORATIONS. 
Disturbing  religious  meeting,  see  DISTURB- 
ING WORSHIP. 

Of    school    board,    employment    of    teacher 
without.     1915  F,  1047. 


MEMBERSHIP. 

In  associations  generally,  see  ASSOCIATIONS. 
In     benevolent     society,     see     BENEVOLENT 
SOCIETIES. 


MEMORANDA. 

As  evidence,  see  EVIDENCE. 

Memorandum  required  by  statute  of  frauds. 
1015C,  400;  1916C, '1098. 

Memorandum  on  note,  effect  on  negotiabili- 
ty. 1916D,  632. 

Making  memorandum  on  note  as  a  material 
alteration.  1916D,  528. 


MENINGITIS— MILITIA. 


289 


MENINGITIS. 

Death  from  meningitis  resulting  from  snuff- 
ing nasal  douche  as  accident.  1915B, 
872. 


MENTAL   ANGUISH. 

Damages  for,  see  DAMAGES. 


MENTAL  CONDITION. 

Opinion  evidence  as  to,  see  EVIDENCE. 


MENTAL  HEALERS. 

Annotation. 

Application   to,    of  statutes  regulating 
the  practice  of  medicine.     1917C, 

S27. 


MERCANTILE  ESTABLISHMENT. 


Annotation. 

Validity  of  public  restriction  as  to  loca- 
tion of.     1917F,  1O6O. 

What    constitutes,    within   hours    of   labor 

statute.  1917C,  922.- 
Requiring  closing  of,  at  six  o'clock  in  the 

evening.  1916A,  651. 
Limiting  hours  of  labor  of  women  in. 

1916B,  1236. 


MERCHANTS. 

Duty  to  patrons  as  to  condition  of  prem- 
ises, see  NEGLIGENCE. 
As  to  sale  of  stock  in  bulk,  see  SALE. 
See  also  MERCANTILE  ESTABLISHMENTS. 

Annotation. 

Legality  of  voting  or  popularity  con- 
test. 19171),  489. 

License  tax  on  use  of  coupons,  etc.,  redeem- 
able in  premiums.  1917A,  421. 

Validity  of  voting  contest  to  increase  trade 
of.  1917D,  485. 


MERCHANTS'  EXCHANGE. 

See  EXCHANGES. 

L.TI.A.  Tri.  Index  1915-17.— 19. 


3ME  RGER. 

Of  interest  of  mortgagee  and  owner  on  pay- 
ment of  encumbrances  by  purchaser. 
1915F,  771. 

Of  tax  title  acquired  by  remainderman  in 
conveyance  of  life  estate  to  him. 
1915E,  343. 

Of  cause  of  action  growing  out  of  injuries 
and  one  based  on  death.  1915E,  1069. 


MERRY-GO-ROUND. 

In  street.    1915F,  568. 


MESSENGER  BUSINESS. 

Requiring  one  engaging  in,  to  secure  licenM 
and  furnish  bond.    1915D,  260. 


METER, 

For  gas,  see  GAS. 

For  water,  see  WATEBS. 


MEXICO. 


Annotation. 

Litigation  arising  out  of  Mexican  revo- 
lution.    1917 A,  28O. 


MIDDLEMAN. 

Broker    acting   for   both    parties.      1915D, 
257. 


MIGRATORY  BIRDS. 

Power  of  Congress  to  provide  for  protection 
of.     1915F,  1031. 


MILEAGE  TICKETS. 

Validity  of  regulations  as  to.     1915E,  902. 
Stipulation  in,  as  to  baggage.     1915E,  281. 


MILITIA. 

Trial  of  member  of,  see  COTJBTS  MARTI.*  \. 

Requiring  carrier  to  give   special  rate   to 

militiamen.     1915C,  778. 
Power  of  legislature  to  create.     101 DE,  235. 
Extent  of  governor's  power  in  calling  out 

militia.    '  1915A,   1141;    1915B,    988. 


290 


MILITIA— MINES. 


Review  of  governor's  action  in  calling  out 
militia.  1915A,  1141;  1915B,  988. 

Enlistment  in  militia  as  a  contract;  change 
of  burdens  and  obligations.  1D15E,  235. 

Effect  of  failure  of  member  of  militia  under 
a  previous  act  to  take  the  oath  pre- 
scribed by  a  later  act.  1915E,  2*35. 

Application  to  National  Guard  of  provision 
against  enlistment  of  person  under 
eighteen.  1917D,  1056. 

Right  of  military  officers  to  arrest  leaders 
of  insurrection  and  hold  them  in  cus- 
tody. 1915B,  988. 

Liability  of  members  to  civil  authorities. 
1915A,  175,  1141. 

Liability  of  officers  for  destruction  of  prop- 
erty. 1917B,  702. 

Liability  of  subordinate  officers  for  acts 
done  in  obedience  to  order  of  superior. 
1917B,  702. 

Measure  of  damages  for  wrongful  arrest  by 
militiaman.  1915A,  1141. 


MILK. 

Annotation. 

Validity    of    regulations    as    to    milk. 
1917C,   243. 

Collecting,  pasteurizing,  and  selling  milk  as 

a    manufacturing    process    within    tax 

exemption.     1917A,  48. 
Forbidding  carrier  to  transport  milk  when 

warmer  than  a  specified  temperature. 

1917C,  238. 
Requiring   milk   dealers   to   pay   for   their 

purchases    of    milk    twice    a    month. 

1917A,  480. 


MILL  RACE. 
Drowning  of  child  in.    1915A,  150. 


MILLS. 

Annotation. 

Situs  of  mill  site  or  water  poiver  for 
purposes  of  taxation.  1917F,  591. 

Lowering  valuation  for  taxation  in  one 
township  of  mill  site  because  site  ia 
flooded  by  a  dam  located  in  another 
township.  1917F,  585. 

Injury  while  cleaning  debris  from  rack  pro- 
tecting flume  leading  from  mill  dam 
as  within  protection  of  Workmen's 
Compensation  Act.  1916A,  10. 

Drowning  of  child  in  mill  race  or  reservoir. 
1915A,  150;  1915D,  850. 


MIMIC  RAILWAY. 

Presumption  of  negligence  from  injury  to 
passenger   on.     1917B,  1091. 


MINI:  BOSS. 

Effect  of  statute  requiring  employment  of, 
on  master's  duty.    1916C,  1270. 


MINES. 

In  general;  coal  mines;  quarries. 
Oil  and  gas. 

—  in  general. 

—  drilling  and  operation  of  wells, 

—  leases. 

Mines  on  public  lands. 


In  general;  coal  mines;  qnarries. 

Mas  er's  duty  as  to  safety  of  working  place 
and  appliances,  see  MASTEB  AND  SERV- 
ANT. 

Annotations. 

Purchase  of  supplies  by  foreign  mining- 
corporation  as  doing  business  with~ 
in  state.  1917E,  1157. 

Liability  of  lessor  of  mine  under  Work- 
men's Compensation  Act,  for  injunj 
to  miners  therein.  1917D,  145. 

Operation  of  mine  as  a  nuisance. 
1917B,  313. 

When  does  statute  begin  to  run  against 
action  based  upon  removal  of  min- 
erals from  real  estate.  1917C, 
116. 

Construction  and  effect  of  provision  in 
mining  lease  excusing  payment  of 
minimum  royalty.  1917E,  O7S. 

Effect  of  war  to  render  invalid  agreement 
of  English  corporation  to  sell  product 
of  its  mine  to  German  citizens.  1917C, 
650. 

Powers  of  managing  partner  of  mining 
partnership.  1917F,  571. 

Right  of  managing  partner  of  mining  part- 
nership to  compensation  for  his  serv- 
ices. 1917F,  571. 

Right  of  riparian  owner  on  navigable  water 
to  take  ore  therefrom.  1916C,  130. 

Pollution  of  water  by  mining  operations. 
1915D,  911. 

Statute  requiring,  maintenance  of  wash- 
houses  for  employees.  191 5B,  420. 

Who  are  fellow  servants.     1916D,  405. 

Employee's  assumption  of  risk.    1915F,  57S. 

When  injury  to  miner  is  within  protection 
of  Workmen's  Compensation  Act. 
191 6D,  637;  1917B,  372. 

Operation  of  coal  mine  as  a  nuisance. 
1917B,  .310. 

Taxation  of  mineral  separate  from  the  sur- 
face. 1916D,  304. 

Validity  of  gross  production  tax  on  mineral 
products.  1916F,  141. 

Discrimination  in  taxation  of  minerals. 
1916F,  141,  154. 

Effect  of  tax  certificate  to  carry  mineral 
interest  owned  separately  from  mineral 
surface.  1916D,  304. 


MINES— MINORITY  STOCKHOLDERS. 


291 


When  limitations  begin  to  run  against  ac- 
tion for  wrongful  removal  of  ore. 
1917C,  113. 

Validity  of  fifty-year  option  for  a  thirty- 
year  mining  lease.  1917D,  900. 

Abandonment  of  fifty-year  option  for  a 
thirty-year  mining  lease  by  failure  to 
explore  and  take  a  lease  within  thirty 
years  after  the  contract  was  entered 
into.  1917D,  900. 

Lease  as  a  mere  option  terminable  at  pleas- 
ure. 1915B,  561. 

Abandonment  of  rights  by  lessee.  1915B, 
561. 

Effect  of  lease  to  vest  title  in  lessee  to 
mineral  in  place.  1915B,  561. 

Failure  of  lessee  to  begin  mining  within  a 
reasonable  time.  1915B,  561. 

Condition  in  lease  relieving  lessee  from  pay- 
ment of  royalties  under  certain  condi- 
tions. 1917E,  1075. 

Right  to  enjoin  mining  of  coal  under  school 
building  where  title  to  property  was 
taken  with  reservation  of  right  to 
mine.  1917E,  672. 

Oil  and  gas. 

—  in   general. 

Uniformity  in  taxation  of  mineral  oil  or 
natural  gas.  191 6F,  141. 

Partition* of  oil  lands.     1916D,  1147. 

Conveyance  as  realty  separate  from  the  sur- 
face of  oil  and  gas  in  place.  1917F, 
989. 

—  drilling  and  operation   of  wells. 
Provisions  as  to,  in  lease,  see  infra. 
Liability    for    injury    by.      1916B,    1002; 

1917C,  1190. 

—  leases. 

Annotations. 

Surrender  clause  in  oil  or  gas  lease 
as  rendering  it  unilateral.  1917B, 
1206. 

Liability  of  the  lessee  in  oil  or  gas 
lease  for  damages  for  failure  to 
develop  the  leased  premises  during 
the  term  for  which  he  has  paid  de- 
lay rental.  1917  A,  178. 

Liability  of  lessee  for  damages  to  les- 
sor for  failure  to  protect  leased 
premises  from  wells  on  adjoining 
land.  1917E,  981. 

Construction  of  oil  or  gas  lease  cover- 
ing tracts  of  land  owned  by  differ- 
ent persons  in  severally.  1917D, 
1124. 

Execution  of  oil  and  gas  lease  of  land  of 
infant.  1916F,  493. 

Sufficiency  of  consideration  to  support 
lease.  1917B,  1184. 

Mutuality  of  lease.     1917B,  1184. 

Division  between  lessors  of  royalty  oil  de- 
livered under  a  single  lease  of  adjoin- 
ing tracts  of  land  in  which  the  several 
owners  united.  1917F,  566. 


Effect  of  lease  by  several  lessors  of  several 
tracts  of  land,  for  a  gross  price,  to 
create  a  joint  obligation  on  the  part 
of  the  lessors.  1917D,  1115. 

Injunction  to  protect  rights  of  lessor's 
grantee.  1915E,  570. 

Rights  and  title  acquired  under  lease. 
1917D,  1115. 

Right  of  lessee  to  sue  for  partition  of  leased 
oil  lands.  1916D,  1147. 

Effect  of  lease  to  vest  in  grantee  defeasible 
fee  which  may  be  taxed  to  him.  1917F, 
989. 

Stipulation  giving  lessor  right  to  free  gas; 
construction.  1915E,  570. 

Liability  for  rent.  1915D,  1186;  1916B, 
686. 

Duty  of  lessee  to  drill  offset  wells  to  pre- 
vent loss  by  drainage  through  wells  on 
neighboring  land.  1917A,  171. 

Liability  of  lessee  for  failure  to  drill  wells 
on  lessor's  land  to  prevent  draining  of 
oil  by  wells  on  adjacent  property. 
1917E,  975. 

Implied  covenant  that  lessee  will  operate 
diligently  merely  to  make  well  profit- 
able to  lessor.  1917A,  171. 

Conditions  as  to  developing.  1915E,  1057; 
1917A,  171;  1917D,  231,  1115. 

Time  as  essence  of  agreement  as  to  develop- 
ing. 1917B,  1184. 

Burden  of  proof  as  to  diligence  or  lack  of 
diligence  in  conducting  mining  opera- 
tions. 1915E,  1057. 

Effect  of  surrender  clause  in  lease.  1917B, 
1184. 

Forfeiture  for  breach  of  conditions.  1916B, 
686;  1917B,  1184;  1917D.  231,  1115. 

Waiver  of  default.     1916B,  686. 

Damages  for  breach  of  covenants.  1915E, 
1057. 

Mines  on  public  lands. 

Effect  on  legal  effect  of  allowance  of  entry, 
of  cancelation  by  land  department  of 
such  entry  and  final  receipt  based  upon 
a  mistake  of  law.  191 5A,  1113. 

Notice  of  claim.     1915A,  1113. 


MINIMUM  WAGE. 

Validity  .of  statute  as  to.     1917C,  944. 

Denial  to  employer  of  right  to  appeal  from 
findings  of  industrial  commission  fixing 
minimum  wage.  1917C,  944. 


MINISTER. 

See  RELIGIOUS  SOCIETIES. 


MINORITY  STOCKHOLDERS. 

Rights  of,  see  CORPORATIONS. 


292 


MINORS— MODIFICATION. 


MINORS. 


See  INFANTS. 


MISBRANDTNG. 


Of  packages  of  food.    1917A,  1116. 
Of  drugs.    1916D,  164. 


"»•» 


MISCARRIAGE. 

Right  to  recover  for  miscarriage  caused  by 

fright.     ICiYA,  394,  708. 
Measure  of  damages  for.     1917A,  394. 
Evidence  as  to  damages  for.    1917A,  394. 


MISNOMER. 


See  NAME. 


MISREPRESENTATIONS. 

In  general,  see  FRAUD  AND  DECEIT. 
By  insured,  see  INSURANCE. 


MISSILE. 

Annotation. 

Contributory  negligence  of  child  in- 
jured by  object  thrown  from  train. 
1917F,  15O. 

Master's  liability  for  injury  by  wood 
thrown  from  engine  by  fireman.  1917B, 
915. 

Injury  by  spike  hurled  through  air  by  rail- 
road train.  1915D,  278. 

Injury  to  pasenger  by  missile  thrown  into 
car.  1915C,  681. 


MISTAKE. 

In  name,  see  NAME. 

In  transmission  of  telegram,  see  TELE- 
GRAPHS . 

Annotations. 

As  ground  for  relief  from  divorce. 
1917B,  4:59. 

Mistake  in  computation  by  contractor 
as  ground  for  relief.  1917D,  745. 

Alteration  of  position  by  payee  as  af- 
fecting right  to  recover  bade  money 
paid  under  mistake.  1917E,  34:9. 

Effect  of  mistake  as  to  age  on  liability 
for  improperly  issuing  marriage 
license  or  performing  marriage 
ceremony.  1917E,  868,  874. 


Right  to  reinstatement  of  mortgage  re- 
leased or  discharged  by  mistake. 
1917E,  1155. 

Effect  of  mistake  as  to  location  of 
elevator  on  contributory  negligence 
of  child  falling  doivn  elevator  shaft. 
1917F,  199. 

Burden  of  proof  as  to.     1916B,  769. 

Parol  evidence  as  to.  1915D,  766;  1915E, 
1008. 

Of  taxpayer  in  listing  his  land  for  taxation. 
1915C,  929. 

In  description  of  property  devised.  1915E, 
1008. 

Of  insurance  agent,  estoppel  by.  1915D, 
766. 

Shooting  of 'insured  in  mistake  as  to  iden- 
tity as  an  intentional  injury.  1915A, 
538. 

Estoppel  by  mistake  in  bill  rendered  con- 
sumer of  electric  power.  1915B,  711. 

Effect  of  mistake  as  to  identity  of  principal 
on  contract  of  sale.  1916D,  792. 

As  ground  for  refusal  of  specific  perform- 
ance. 1917A,  200. 

As  ground  for  rescission  of  contract. 
1917A,  200;  1917D,  741. 

As  ground  for  setting  aside  release.  1916B, 
769. 

Reformation  of  instrument  for.  1917A, 
600,  602;  1917F,  663. 

Recovery  back  of  payments  made  under. 
1916A,  711;  1916E,  618;  1916F,  532; 
1917E,  344. 


MITIGATION. 

Of  damages,  see  DAMAGES. 

Relevancy    of   evidence   to   show,    see    Evi 

DENCE. 


MOBS  AND  RIOTS. 

Definition  of  "mob"  or  "riotous  assemblage." 
1915C,  578. 

What  constitutes  a  mob;  joining  of  pris- 
oners to  whip  another  prisoner.  1915C, 
578. 

Municipal  liability  for  acts  of  mob.  1915C, 
578. 

Suspension  of  attorney  for  participating  in 
acts  of  mob.  1915C,  259. 


MODELS. 

Admissibility  in  evidence.     1917E,  258. 


MODIFICATION. 

Of  contracts,  see  CONTRACTS. 
Of  judgment,  see  JUDGMENT. 
Of  will  by  codicil,  see  WILLS. 


MODIFICATION— MONOPOLY  AND  COMBINATIONS. 


293 


Of  offer  before  acceptance.     1917E,  1069. 
Of  trust  by  equity.     1916B,  1073. 
Of  instruction.     1915C,  704. 


MONEY. 

As  to  public  money,  see  PUBLIC  MONEYS. 

Retention   of,   by   attorney,    as  ground  for 

disbarment.     1917B,  378. 
Effect  of  bequest  of  bureau  and  its  contents 

to  pass  title  to  money  found  therein. 

1915C,  653. 


MONET  HAD  AND  RECEIVED. 

See  ASSUMPSIT. 


MONEY  IN  COURT. 

Adverse  claims  to;  raising  question  for  first 
time  on  appeal.  19 17 A,  685. 

Review  on  appeal  of  findings  of  trial  court 
as  to  rights  of  claimants  to.  1917A, 
685. 

Assumpsit  by  one  claimant  against  another 
who  has  received  fund.  1917A,  685. 

Right  of  executor  to  maintain  assumpsit  to 
recover  money  paid  into  court  and  ob- 
tained by  rival  claimant.  1917A,  685. 


MONEY  LENDERS. 

Failure  of  money  lender  to  comply  with 
statute  as  invalidating  loan.  1915B, 
851. 


MONEY  RECEIVED. 

See  ASSUMPSIT. 


MONOPOLY  AND  COMBINATIONS. 

In  general;  what  constitutes. 
Combinations    in    restraint    of    trade, 
commerce,  or  competition. 

—  in  general. 

—  of     carriers     or     railroad     com- 

panies. 


In  general;  what  constitntes. 

Annotation. 

Right  of  carrier  to  grant  exclusive 
train  privilege  to  Baggage  or  pas- 
senger transfer  companies.  1917F, 
1085. 


Question  of,  as  sustaining  jurisdiction  of 
appeal  of  United  States  Supreme  Court. 
1915A,  1099. 

Sufficiency  of  allegations  as  to.    1917B,  803. 

Right  to  set  up  defense  that  contract  vio- 
lates anti-trust  law.  1917A,  1276. 

Grant  of  exclusive  privileges  by  carrier  to 
baggage  or  transfer  company,  hacks, 
etc.  1915B,  358;  1917F,  1080. 

Exclusive  contract  by  carrier  with  private 
corporation  for  loading  of  logs  tendered 
for  shipment.  1915C,  250. 

In  collection  of  garbage.     1915D,  209. 

Effect  of  statute  as  to  sale  of  anti-hog- 
cholera  serum  to  create  monopoly. 
1916F,  136. 

Combinations  in  restraint  of  trade, 
commerce,  or  competition. 

—  in  general. 

Contracts  between  two  persons  in  restraint 
of  trade,  see  'CONTRACTS. 

Annotations. 

Validity  of  contract  for  material  held 
in  monopoly  where  letting  to  the 
lowest  bidder  is  required.  1917 A, 

4:4:2. 

Contracts  in  partial  restraint  of  trade 
as'  affected  by  modern  anti-trust 
acts.  19 17 A,  379. 

Validity  of  contract  provision  seelcing 
to  control  price  at  which  an  article 
shall  be  resold.  19 17 A,  1285. 

May  stockholders  maintain  action  in 
the  right  of  the  corporation  to  re- 
cover penalty  imposed  by  the  Sher- 
man Act.  1917E,  1OO6. 

Enforcement  of  monopolistic  contract. 
1915C,  865. 

Conclusiveness  of  judgment  for  defendants 
in  action  to  recover  treble  damages  for 
illegal  combination,  in  subsequent  com- 
mon-law action  for  interference  with 
business  by  threats,  etc.  1915B,  1179. 

Prohibiting  foreign  corporation  entering 
into  illegal  combination  from  continu- 
ing to  do  business  in  state.  1915A,  892. 

Right  of  stockholder  to  maintain  action  on 
behalf  of  corporation  to  recover  penalty 
for  injury  caused  by  conspiracy  to 
create  monopoly.  1917E,  1004. 

Agreement  between  jobbers  throughout 
country  and  purchasing  agent  by  which 
latter  is  to  purchase  in  large  quantities 
and  distribute  among  jobbers  in  certain 
proportions.  1915F,  1076. 

Concerted  agreement  by  lumber  dealers  not 
to  patronize  wholesale  dealers  who  sell 
directly  to  consumers.  191 5A,  788. 

Factors  determining  validity  of  agreement 
to  control  price  which  consumer  shall 
pay  for  commodities.  1917 A,  1276. 

Sale  of  entire  product  of  manufacturer 
throughout  tl:e  country  under  contracts 
fixing  retail  price.  1917A,  1276. 

Contract  by  wholesaler  to  furnish  goods  to 
retailer  who  is  to  sell  only  the  goods 
furnished  at  agreed  prices  within  a 
specified  territory.  1917B,  803. 


294 


MONOPOLY  AND  COMBINATIONS— MORTGAGE. 


Effect  of  fact  that  one  purchasing  goods 
under  contract  which  illegally  fixed 
retail  prices  sold  the  goods  at  prices 
slightly  varying  from  those  fixed,  to 
render  the  contract  enforceable  by  the 
seller.  1917A,  1276. 

Attempt  to  control  price  of  patented  article 
after  it  has  passed  into  the  hands  of 
dealers  and  the  public.  1917E,  1196. 

To  restrict  sale  of  copyrighted  book.  1915A, 
1099. 

—  of  carriers  or  railroad   companies. 

Right  of  individual  to  raise  question  of  vio- 
lation of  provision  against  consolida- 
tion of  railroads.  1915B,  547. 

Combination  between  transfer  companies  in 
particular  city.  1915C,  865. 


MONUMENT. 

Right  of  beneficiary  to  personal  judgment 
for  amount  provided  by  benefit  certifi- 
cate for  erection  of  monument.  1915F, 
166. 


MOOT  QUESTION. 

Refusal  of  court  to  pass  on.     1915B,  856; 

1915D,  1149. 
On  appeal.     1916C,  338. 


MORAL    OBLIGATION. 

Of    municipal    corporation    to    pay    claim. 

191 5D,  927. 
As  consideration  for  promise.     1917B,  694; 

1917E,  1060. 


MORTALITY  TABLES. 

AdmissiHlity    in    evidence.      1915D,    334; 
1915F,  558. 


MORTGAGE. 

In  general. 
What  constitutes. 
Validity. 

Rights  and  liabilities  of  parties  gen- 
erally. 
Priority. 

—  as  to  other  mortgages. 

—  as  to  judgments  and  other  liens 

and  equities. 
Vendee   of   mortgagor;   assumption   of 

debt. 

Assignment. 
Satisfaction;  discharge;  release. 


Enforcement. 

—  generally;  effect. 

—  on  default  of  interest,  taxes,  etc. 

—  parties. 

—  defenses. 

—  relief;  decree;  effect  as  to  fund. 

—  sale. 

—  deficiency  and  judgment  there- 

for. 
Redemption. 

—  in  general. 

—  time. 


In  general. 

To  loan  association,  see  BUILDING  AND  LOAN 
ASSOCIATIONS. 

As  to  chattel  mortgage,  see  CHATTEL  MORT- 
GAGE. 

Subrogation  to  rights  of  mortgagee,  see 
SUBROGATION. 

Conflict  of  laws  as  to.     1916A,  1007. 

Obtaining  title  to  horse  by  promise  to  ex- 
ecute mortgage  on  it  to  secure  purchase 
price.  1916E,  768. 

Right  of  one  ejected  from  real  property  to 
reimbursement  for  mortgages  paid. 
1G15F,  771. 

Venue  of  action  to  compel  surrender  of  note 
and  mortgage  securing  it.  1917F,  905. 

Disaffirmance  of  mortgage  given  bv  infant. 
1915E,  465. 

Notice  to  mortgagee  from  possession  of 
land.  1916B,  1063. 

Effect  of  provision  in,  on  maturity  of  note 
secured.  1917B,  1048. 

Stipulation  in,  for  attorneys'  fees.  1916B, 
856. 

Priority  of  attorneys'  fees  provided  for  in, 
over  mechanics'  liens.  1917C,  1116. 

Elimination  of  usury  from.     1915C,  634. 

Right  of  judgment  creditors  of  insolvent  to 
show  usury  in  prior  note  of  their 
debtor  secured  by  deed  of  trust.  1915C, 
634. 

Mortgage  registration  tax.  1916A,  843; 
1916E,  602. 

Succession  tax  on.    1916E,  1288. 

Exemption  of,  from  taxation.     1917A,  495 

Exemption  of  farm  loan  mortgages  from 
payment  of  recording  fee.  1917A,  495. 

Description  of  land  in  record  of  mortgage. 
19 16 A,  525. 

Validity  of  unrecorded  mortgage  as  against 
subsequent  purchaser  relying  upon  rec- 
ords. 1916D,  4. 

Given  to  secure  performance  by  grantee 
who  has  received  deed  in  consideration 
of  support  of  grantor;  extent  of  relief 
for  breach  of  contract  after  perform- 
ance for  several  years.  1917D,  624. 

Reformation  of  mortgage  inadvertently 
executed  instead  of  deed.  1917A,  602. 

What  constitutes. 

Conveyance  absolute  in  form.    1915A,  1106; 

1915B,  492;    1910B,  4,  11;    1917F,  337. 
Parol  evidence  that  deed  was  intended  as  a 

mortgage.    1916B,  1. 


MORTGAGE. 


295 


Validity. 

Annotations. 

Of  future  and  growing  crops.     1917C, 

S. 
Might    to    mortgage    privilege    to    use 

streets  for  telegraph,  telephone,  or 

other  quasi  public  purpose.  1917D, 

7O7. 

Validity  of  trust  deed  to  secure  payment  of 
void  note.  1916A,  1049. 

Debt  of  husband  as  consideration  for  mort- 
gage of  wife's  property.  1917F,  337. 

Mortgage  executed  by  entryman  on  public 
lands  who  dies  before  final  proof. 
1915B,  681. 

Rights  and  liabilities  of  parties  gen- 
erally. 

What  constitutes  fixtures  as  between  mort- 
gagor and  mortgagee,  see  FIXTURES. 

Subrogation  of  insurance  company  to  rights 
of  mortgagee,  see  INSURANCE. 

Subrogation  to  rights  of  mortgagee,  general- 
ly, see  SUBROGATION. 

Annotations. 

Validity  and  effect  of  purchase  of  tax 
title  by  mortgagee.  1917D,  522. 

Procuring  of  insurance  by  mortgagee 
as  a  violation  of  provision  in  policy 
of  mortgagor  against  other  and  ad- 
ditional insurance.  1917  A,  6O7. 

Liability  of  mortgagee  under  mortgage 
clause  for  insurance  premiums. 
1917F,  379. 

When  mortgagor  excused  from  non- 
compliance  with  his  undertaking 
to  pay  insurance  premiums  or 
other  obligations  to  third  party. 
1917D,  555. 

Right  of  mortgagee  tcJio  by  mistake  is 
insured  as  owner  or  in  owner's 
name  or  vice  versa.  1917C,  11O. 

Pledge  or  assignment  by  mortgagee  of 
his  interest  in  the  mortgage  debt  or 
property  as  affecting  his  right 
against  insurer.  1917E,  33 O. 

Payment  of  mortgage  barred  by  limitations 
as  condition  of  decree  quieting  title  as 
against  mortgagee.  1916B,  1218. 

Estoppel  of  mortgagee  to  assert  title  against 
stranger.  1916B,  840. 

Estoppel  of  mortgagee  to  set  up  priority 
of  his  mortgage.  1916F,  1067. 

Effect  of  discharge  of  first  mortgage  to 
make  second  mortgage  a  first  lien  on 
the  property.  191 7 A,  734. 

Rights  of  mortgagee  under  insurance  policy. 
1915C,  758;  1917C,  106;  1917E,  328. 

Liability  of  mortgagee  for  insurance  pre- 
miums. 1917F,  375. 

Allowance  of  attorneys'  fees  as  costs  in  ac- 
tion by  mortgagee  under  mortgage 
clause  in  insurance  policy.  1916A,  784. 

Insurance  by  mortgagee  as  violation  of  pro- 
vision in  policy  taken  out  by  mort- 
gagor against  other  insurance.  1917A, 
604. 


J  Subrogation  of  insurance  company  to  rights 
of  mortgagee.  1916A,  556,  784. 

Forfeiture  of  interest  of  innocent  mort- 
gagee in  vehicles  used  to  convey  liquor 
intended  for  illegal  use.  1916E,  338. 

As  to  taxes.    1915D,  432;  1917D,  520. 

Right  of  mortgagee  bidding  in  equity  of 
redemption  at  execution  sale  under 
judgment  in  favor  of  stranger,  to  credit 
the  amount  of  his  bid  on  debt  secured 
by  his  mortgage.  1917E,  897. 

Recovery  of  amount  loaned  to  take  up  prior 
mortgage  on  ground  of  mistake  and 
lack  of  consideration.  1917E,  344. 

Priority. 

—  as  to  other  mortgages. 

Effect  of  unauthorized  cancelation  of  first 
mortgage  to  postpone  lien  thereof  to 
that  of  second  mortgage.  1915F,  554. 

—  as  to  judgments  and  other  liens  and 

equities. 

Estoppel  to  set  up  priority  of  mortgage. 
3f)]6F,  1067. 

As  to  mechanics'  liens.     1917C,  1116. 

As  to  supersedeas  bond.     1916F,  1067. 

As  to  lien  of  one  paying  taxes  on  the  prop- 
erty. t  1915D,  697. 

As  to  liabilities  or  guaranties  incurred, 
work  done,  or  money  or  materials  fur- 
nished to  preserve  the  mortgage  prop- 
erty. 1916  F,  1067. 

Priority  of  lien  for  purchase  money  paid, 
on  default  of  vendor,  over  subsequent 
mortgage.  1916F,  430. 

Vendee  of  mortgagor;  assumption  of 
debt. 

Annotations. 

Personal  liability  of  purchaser  of 
equity  of  redemption  for  mortgage 
debt  in  absence  of  express  assump- 
tion thereof.  1917C,  592. 

Right  of  purchaser  of  land  subject  to 
a  mortgage  to  question  the  validity 
of  the  mortgage.  1917C,  832. 

Grantee's  liability  to  mortgagee.  1916D, 
149;  1917C,  590. 

Right  of  one  purchasing  land  subject  to 
mortgage  to  question  the  validity  there- 
of. 1917C,  829. 

Right  of  cotenant  discharging  mortgage  on 
land  purchased  subject  to  the  mortgage 
to  compel  contribution  from  other  co- 
tenant.  1917C,  590. 

Estoppel  of  cotenant  to  deny  authority  of 
other  cotenant  to  obligate  him  to  pay 
mortgage.  1916D,  149. 

Assignment. 

Annotation. 

Assignment  by  mortgagee  of  his  inter- 
est in  the  mortgage  debt  or  prop- 
erty as  affecting  his  right  against 
insurer.  1917E,  33O. 


296 


MORTGAGE. 


Rights  of  assignee  of  mortgage  under  in- 
surance policy.  191 7C,  106. 

Effect  on  rights  of  assignee  of  unauthorized 
cancelation  of  mortgage,  as  against  as- 
signee of  second  mortgage.  1915F,  554. 

Satisfaction;  discharge;  release. 

Subrogation  of  person  furnishing  money  to 
discharge,  see  SUBROGATION. 

Annotation. 

Right  to  reinstatement  of  mortgage  re- 
leased or  discharged  by  mistaTce. 
1917E,  1055. 

What  operates  as  a  release.     1915D,  1126. 

Satisfaction  of  record.    1915F,  554. 

Agreement  by  mortgagor  to  forfeit  all  in- 
terest in  property  on  failure  to  pay  debt 
within  fixed  time.  1915B,  492. 

Right  of  one  cotenant  who  pays  mortgage 
to  personal  judgment  against  other  co- 
tenant  who  has  sold  his  land  in  igno- 
rance of  discharge  of  the  mortgage  and 
has  received  no  benefit  therefrom. 
1917C,  590. 

Validity  of  oral  promise  to  pay  mortgage 
executed  by  another,  made  to  protect 
the  interests  of  the  promisor,  who  had 
become  the  owner  of  the  mortgaged 
lands.  1917D,  872. 

Fraudulent  discharge.  1915F,  554;  1916F, 
418. 

Annulling  release.     1917E,  1052. 

Enforcement. 

—  generally;  effect. 

Of  chattel  mortgage,   see   CHATTEL  MOBT- 

GAGB. 

Annotation. 

For  breach  of  mortgagor's  undertak- 
ing to  pay  insurance  premiums  or 
other  obligations  to  third  party. 
1017D,  555. 

Raising  question  for  first  time  on  appeal  in 
foreclosure  proceeding.  1916F,  1067. 

Variance  between  pleading  and  proof  in 
action  to  foreclose  mortgage  securing 
note.  1916A,  1049. 

Right  to  foreclose  mortgage  pending  con- 
test of  will.  1915C,  993. 

Foreclosure  for  breach  by  mortgagor  to 
keep  in  force  insurance  policy  on  his 
life  as  additional  security;  what  con- 
stitutes breach.  1917D,  551. 

—  on  default  of  interest,  taxes,  etc. 

Contention  that  taxes  paid  by  mortgagee 
were  invalid.  1915D,  432. 

—  parties. 

Intervention.     1916C,  633. 

—  defenses. 

Defense  that  taxes  paid  by  mortgagee  were 
invalid.  1915D,  432. 


—  relief;  decree;  effect  as  to  fund. 

Relief  from  decree  of  foreclosure.  1916F, 
724. 

Collateral  attack  on  foreclosure  decree. 
1916E,  303. 

Power  of  court  which  has  taken  possession 
of  railroad  in  suit  to  foreclose  mort- 
gage to  order  abandonment  of  branch. 
1915A,  549. 

What  matters  barred  by  foreclosure  decree. 
1915D,  349. 

Refusal  to  permit  recovery  of  full  face  of 
notes  on  foreclosure  securing  them 
where  this  would  permit  lerider  to  re- 
cover usurious  interest.  1916B,  807. 

Personal  judgment  in  favor,  of  one  defend- 
ant in  a  foreclosure  suit  against  a 
codefendant  who  did  not  appear, 
1917D,  1029. 

—  sale. 

Annotation. 

Amount  of  property  to  be  sold  under- 

mortgage       foreclosure.         1917B, 

517. 

Transfer  of  property  of  telephone  company 
under  mortgage  foreclosure  sale  as 
within  prohibition  against  transfer  of 
its  franchise.  1917F,  1178. 

Pleading  in  action  against  sheriff  for 
wrongful  sale.  1917B,  513. 

Sale  made  after  service  on  sheriff  of  pur- 
ported affidavit  of  illegality.  1917B, 
513. 

Conclusiveness  of  judgment  as  to  want  of 
notice  of  sale.  1915B,  640. 

Notice  of  postponement.     1915B,  640. 

Effect  of  bar  of  debt  and  mortgage  on  right 
to  exercise  power  of  sale  in  mortgage. 
1916B,  1209. 

Power  of  sale  in  mortgage  as  subject  to  pro- 
visions of  existing  statute.  1916B.. 
1209. 

Quantity  sold;  selling  in  parcels.  1917B, 
513. 

Rights  of  one  purchasing  at  mortgage  sale- 
after  the  lien  has  been  extinguished  by 
lapse  of  time.  19]  6B,  1209. 

Statute  requiring  purchaser  on  foreclosure 
to  notify  persons  entitled  to  redeem  be- 
fore taking  his  deed.  1915C,  414. 

Right  of  purchaser  at  foreclosure  sale  of 
homestead  to  attack  conveyance  of  the 
homestead.  191 5D,  551. 

Setting  aside  sale  for  inadequacy  of  price. 
1917B,  513. 

—  deficiency  and  judgment  therefor. 

Personal  liability  of  trustee  for   deficiency 

judgment.     1915F,  1072. 
Liability  of   mortgagor's  grantee.     1916D, 

149;   1917C,  590. 

Redemption. 

—  in  general. 

Annotation. 

Compensation  for  right  of  redemption 
tcltere  property  is  taken  in  con- 
demnation proceedings.  1917F, 
SOI. 


MORTGAGE— MOTOR  CAR, 


297 


Conflict  of  laws  as  to.    1916A,  1007. 

Right  of  mortgagee  bidding  in  equity  of  re- 
demption at  execution  sale  under  judg- 
ment in  favor  of  stranger,  to  credit 
the  amount  of  his  bid  on  debt  secured 
by  his  mortgage.  1917E,  897. 

Proximate  cause  of  inability  to  redeem  from 
mortgage.  1917F,  790. 

Effect  of  acceptance  of  lease  by  mortgagor 
from  mortgagee  to  cut  off  right  of  re- 
demption. 1915B,  492. 

Right  to  redeem  from  foreclosure  sale  as 
property  distinct  from  the  real  estate, 
damages  for  prevention  of  its  exercise 
by  flooding  land  so  that  money  cannot 
be  borrowed  on  it.  1917F,  790. 

Right  of  action  against  one  who  by  flooding 
the  land  causes  breach  of  contract  to 
lend  money  to  mortgagor  to  effect  a  re- 
demption. 1917F,  790. 

Statute  requiring  purchaser  at  foreclosure 
sale  to  notify  persons  entitled  to  re- 
deem before  taking  his  deed.  1915C, 
414. 

Collusiveness  in  action  to  quiet  title 
against  one  redeeming  from  mortgage 
sale,  of  foreclosure  decree.  1915D,  349. 

Validity  of  certificate  of  redemption  issued 
by  sheriff  to  owner  of  mortgaged  prem- 
ises as  against  a  purchaser  for  value 
of  the  sheriff's  certificate  issued  to  the 
mortgagees  who  purchased  at  their  own 
foreclosure  sale.  1915D,  349. 

Statute  as  to  recording  notice  of  redemption 
from  mortgage.  1915D,'  349. 

—  time, 
l 

Annotation. 

Power  of  court  on  eqiiitdble  grounds  to 
permit  redemption  from  mortgage 
•foreclosure  sale  after  expiration  of 
statutory  period  of  exemption. 
1917E,  637. 

Power  of  court  to  permit  redemption  after 
time  allowed  therefor.  1917E,  633. 

4  »  » • 


MORTUARY  TABLES. 

See  LIFE  TABLES. 


MOTHER. 

Pension  to,  see  MOTHERS'  PENSIONS. 

Sight  of  natural  mother  to  custody  of  chil- 
dren. 1915E,  1019. 

Right  of  action  by,  for  death  of  child. 
1917A,  1128;  1917F,  851. 

Mother's  right  of  action*  for  betrayal  of 
minor  daughter  who  is  still  alive. 
1917E,  756. 

Right  of  mother  to  maintain  action  for 
mutilation  of  corpse  of  child.  1915B, 
519. 


MOTHERS'     PENSIONS. 

Jurisdiction  in  matters  as  to.    1917C,  897. 
Constitutionality     of     act     providing     for. 

1917C,  897. 
Illegal  delegation  of  power  by  statute  as  to. 

1917C,  897. 
Application    of    statute    providing    for,    to 

cases  where  husband  has  been  absent 

and   not   heard   from  for   seven  years. 

1917E,   1146. 


MOTIONS  AND  ORDERS. 

Raising  questions  for  consideration  on  ap- 
peal by  motion,  see  APPEAL  AND  ERROR. 

Right  to  use  motion  for  judgment  notwith- 
standing verdict  to  obtain  dismissal 
for  lack  of  evidence.  1917A,  1194. 

Bringing  suit  on  fire  insurance  policy  by 
motion.  1917D,  1049. 

Notice  of  motion.     1917D,  1049. 

Motion  in  arrest  of  judgment.  1915B,  83; 
1916B,  1117;  1916C,  1134;  1916D,  767. 

Motion  to  quash  return  in  contempt  pro- 
ceeding. 1915D,  1061. 

Motion  to  strike  testimony  of  witness. 
1915F,  558. 

Motion  to  strike  answer  to  interrogatory  in 
deposition.  1916D,  462. 

Motion  to  set  aside  judgment  as  remedy  for 
wrongful  entry  for  judgment  by  justice 
of  the  peace.  1915D,  427. 

Cost  of  procuring  evidence  under  motion. 
1915B,  1052. 

Order  of  court  to  refrain  from  act  as  protec- 
tion against  liability  for  failure  to  per- 
form it.  1916B,  764. 


MOTIVE. 

Opinion  evidence  as  to,  see  EVIDENCE. 
Evidence  as  to,  generally,  see  EVIDENCE. 

Effect  of,  on  liability  for  libel.     1917C,  65. 

Effect  of,  on  liability  for  conspiracy. 
1917C,  65. 

Effect  of,  on  liability  for  breach  of  peace. 
1916B,  1117. 

As  element  of  crime  generally.  1916E,  492; 
1917D,  944;  1917F,  469. 

Of  legislature,  inquiry  into, .  by  courts. 
1917E,  1176. 

Materiality  of,  in  Action  for  malicious  pros- 
ecution. 1916F,  192. 

Effect  of  motive  of  stockholder  desiring  to 
inspect  books.  1915D,  285. 


MOTOR    CAR. 

In  general,  see  ATJTOMOBILES. 
Permit  to  run,  over  railroad  tracks.    1915E, 
1170. 


298 


MOTORCYCLES— MUNICIPAL  CORPORATIONS. 


MOTORCYCLES. 

Collision  between  motorcycle  and  automo- 
bile. 1917B,  753. 

Attempt  to  drive  motorcycle  across  tracks 
in  front  of  approaching  train.  1917E, 
1124. 


MOTORMAN. 

Negligence  of,  generally,  see  STREET  RAIL- 


WAYS. 


When  injury  to,  is  within  protection  of 
Workmen's  Compensation  Act.  1917A, 
250. 


MOTOR  TRUCK. 

In  general,  see  AUTOMOBILES. 

As  an  attractive  nuisance.    1917D,  875. 


In 


general, 

BUSSES. 


MOTOR  VEHICLES. 

AUTOMOBILES;     JITNE? 


What  is  a  motor  vehicle  within  meaning  of 
statute  limiting  speed  of  such  vehicle. 
1915E,  1028. 


MOVING  BUILDINGS. 

In  highway.   1916C,  1249;  1917C,  772; 
1917E,  258. 


MOVING   PICTURES. 

Annotation. 

As  proper  subject  for  police  regulation. 
1917E,  318. 

Keeping  of  moving  picture  film  on  insured 

premises.     1917C,  -294. 
Restrictions  on   use   of   patented  invention 

embodied    in    motion   picture   machine, 

by  a  purchaser  thereof.     191 7E,  1187. 
Unauthorized  use  of  'likeness  and  name  of 

person  as  part  of  film.     1915C,  839. 
License  for  moving  picture  show.     1916D, 

95. 

On  Sunday.     1916D,  573. 
Forbidding    operation    of    moving    picture 

show  within  certain  distance  of  church. 

1916D,  95. 


MOVING  VAN. 

Authority  of  driver  of  moving  van  to  invite 
owner  of  goods  to  accompany  them  on 
the  van.  1917F,  422. 


MULE. 

Duty  of  seller  to  disclose  defects  in.    1917C, 

617. 
Liability   of  bailee   for   destruction   of,   by 

fire.     1915B,  295. 
Fright  of,  by  steam  escaping  from  railroad 

engine.     1916B,  1079. 
Injury  to  one  thrown  from  mule  frightened 

by    swinging    of    unfastened    door    of 

house   50  feet  from  highway.     1917D, 

197. 
Negligence   in   driving  mule   known   to  be 

afraid  of  automobiles.     1915C,  702. 
Assumption  by  servant  of  danger  of  being 

kicked  by  mule.     1916D,  1229. 

+ » » 

MULTIFARIOUSNESS. 

See  ACTION  OB  SUIT. 


MULTIPLE   STRUCTURES. 

Effect  of  covenant  to  prevent  erection  of. 
1915D,  543;   1915F,  651. 


MULTIPLICITY  OF  SUITS. 

Jurisdiction  of  equity  to  avoid.    1915E,  788 ; 
1915F,  1012. 


MUNICIPAL  CORPORATIONS. 

In  general. 

Division  or  annexation. 
Charter;  form,  of  government. 
Powers,  duties,  and  liabilities  gener- 
ally. 
Delegation  of  power. 

—  in  general. 

—  what  is  a  delegation  of  power. 

—  authority     of     municipality     to 

delegate  its  power. 
Legislative   functions,   ordinances. 

—  in     general;     amendment;     con- 

struction. 

—  enactment;  publication. 

—  validity  generally. 

—  power  over  use  of  streets, 

—  power  as  to  nuisances. 

—  regulation  of  business. 

—  enforcement  of  ordinance. 
Contracts  generally. 
Borrowing  money;  indebtedness. 

—  in  general. 

—  limitation   of  amount. 
Lights;   electric   power. 
Water  supply. 

Other  property  and  privileges. 
Liability  for  damages. 

—  in  general. 

—  for  acts  of  officers  or  agents. 

—  as  to  drains,  sewers,  and  waters 

generally. 


MUNICIPAL  CORPORATIONS. 


299 


^Liability  for  damages— cont'd. 

—  condition  or  use  of  public  build- 

ings or  grounds. 

—  presenting  claims  against;  con- 

dition precedent  to  liability. 
As  to  taxes. 
Powers  of  officers. 


In  general. 

As  to  chamber  of  commerce,  see  CHAMBER 
OF  COMMERCE. 

Judicial  questions  as  to  acts  of,  see  COUBTS. 

Condemnation  of  property  by,  see  EMINENT 
DOMAIN. 

As  to  health  officers,  eee  HEALTH. 

Municipal  judges,  see  JUDGES. 

License  from,  see  LICENSE. 

Mandamus  to  municipal  officers,  see  MAN- 
DAMUS. 

As  to  officers  of,  generally,  see  OFFICERS. 

Public  improvements  by,  in  general,  see 
PUBLIC  IMPBOVEMENTS. 

Use  of  public  money  by,  see  PUBLIC  MONEYS. 

As  to  towns,  see  TOWNS. 

Annotation. 

Statute  requiring  municipality  to  pat/ 
a  claim,  against  it  as  an  invasion  of 
powers  of  judiciary.  1917E,  827. 

Right  of  agent  of  city  to  city's  exemption 
from  liability  for  injury  by  his  negli- 
gence. 1916D,  508. 

Equal  protection  and  privileges  of.  1915E, 
749;  1916C,  388. 

Special  legislation  as  to.     1917E,  456. 

Power  of  legislature  to  abolish  office. 
1917A,  1244. 

Power  of  legislature  to  prescribe  number 
and  character  of  municipal  authorities 
and  manner  of  choosing  them.  1917A, 
1244. 

Two-thirds  vote  for  enactment  of  statute 
amending  municipal  court  act.  1916B, 
931. 

Application  of  constitutional  provision  that 
legislature  sjiall  not  impose  taxes  for 
the  purposes  of  any  municipal  corpora- 
tion. 1916E,  602. 

Effect  of  adoption  of  Constitution  on  rights 
of  city  under  lien.  1917D,  365. 

Liability  of  owner  of  steam  roller  for  fright 
of  horse  thereby  while  roller  is  in  pos- 
session of  municipality  under  lease. 
1917B,  699. 

Vested  right  in  municipal  office.  1917A, 
1244. 

Effect  of  acceptance  by  mayor  of  other  office 
to  vacate  office  of  mayor.  1917A,  211. 

Acquisition  of  easement  in  way  for  con- 
struction of  water  conduit.  1H15E,  432. 

Abandonment  of  appeal  by,  from  order  en- 
joining municipal  regulation.  1915F, 
726. 

Joinder  of  parties  in  action  against.  1915D, 
684. 

Injunction  to  protect  citizens  from  business 
competition  by  municipality.  19 16 A, 
908. 


Injunction  to  prevent  municipality  from 
interfering  with  removal  by  street  con- 
tractor of  pavement  rejected  by  city. 
1915B,  173. 

Power  of  Public  Service  Commission  to 
change  rate  fixed  by  municipal  ordi- 
nance or  franchise.  1915C.  261,  287. 

Duty  of  court  in  directing  sale  of  railroad 
property  by  receiver,  to  require  him  to 
stipulate  for  observance  of  a  contract 
between  the  road  and  a  municipalitj 
which  subscribed  to  its  stock.  1915A, 
699. 

Division  or  annexation. 

Sufficiency  of  proof  of  location  of  boundaries 
of  city.  1915E,  500. 

Effect  of  enlarging  boundaries  of  munic- 
ipality on  vote  to  issue  bonds.  1915A, 
1009. 

Effect  of  extension  of  city  limits  to  take  in 
property  to  which  water  is  furnished 
under  contract  to  abrogate  such  con- 
tract. 1916A,  1060;  1917D,  802. 

Charter;  form,  of  government. 

Annotation. 

Constitutionality    of    commission    form 

of   government   for   municipalities. 

1917  A,   126O. 

Effect  of  constitutional  authority  to  voters 
to  enact  and  amend  their  charter  to 
empower  them  to  fix  rates  of  public 
utilities.  1917C,  98. 

Power  of  legislature  to  abolish  municipal 
office  by  altering  the  city  charter. 
1917A,  1244. 

Commission  form  of  government.  1917A, 
1244. 

Validity  of  charter  provision  for  prefer- 
ential voting  in  election  of  city  com- 
missioners. 1915B,  401. 

Provision  in  charter  for  recall  of  officers. 
1915B,  232. 

Powers,  duties,  and  liabilities  gener- 
ally. 

As  to  municipal  bonds,  see  BONDS. 

As  to  local  self-government,  see  CONSTITU- 
TIONAL LAW. 

Rights  and  powers  as  to  highways  general- 
ly, see  HIGHWAYS. 

Power  as  to  public  improvements,  see  PUB- 
LIC IMPBOVEMENTS. 

Annotations. 

Power  of  municipal  body  to  employ 
attorney.  1917D,  24O. 

Power  to  employ  attorney  on  contin- 
gent fee.  1917D,  263. 

Right  of  municipality  entitled  to  serv- 
ices of  official  attorney  to  employ 
other  attorney  in  civil  matters. 
1917D,  255. 

Necessity  that  person  dealing  with  munic- 
ipality take  notice  of  limitations  on 
its  or  its  agent's  powers.  1915D,  978. 

Powers  limited  by  charter.     1917A,  1244. 


300 


MUNICIPAL  CORPORATIONS. 


Implied  power  to  employ  attorney.  1917D, 
237. 

Legislative  control  of.  1915C,  261,  287; 
1915D,  927;  1916D,  913;  1917 A,  1244; 
1917D,  791. 

Power  of  legislature  to  authorize  munic- 
ipality to  create  and  abolish  its  own 
municipal  offices.  1916D,  913. 

Right  of  corporation  created  by  legislature 
for  governmental  and  business  pur- 
poses to  use  public  funds  to  secure 
nullification  of  statute.  191 7B,  354. 

Power  of  common  council  to  enforce  bond 
for  maintenance  of  street  improvement 
and  compromise  suit  brought  for  that 
purpose.  1917F,  535. 

Power  to  make  rules  as  to  care  and  manage- 
ment of  lots  in  cemetery.  1915E,  168. 

Right  of  municipality  to  determine  who 
may  engage  in  charitable  work.  1916D, 
905. 

Power  of  municipality  to  grant  to  individ- 
uals exclusive  rights  iu  parks.  1916D, 
491. 

Construction  of  tunnel  by,  with  option  to 
railroad  company  to  purchase  it. 
1915B,  306. 

Right  to  maintain  suit  to  abate  nuisance. 
1916D,  1016. 

Power  to  fix  rates  beyond  control  of  legis- 
lature or  commission.  1915C,  261,  287 ; 
1917C,  98. 

Liability  for  costs  and  attorney's  fees  in 
suit  instituted  by  state  from  which 
municipality  derived  a  benefit.  1915D, 
927. 

Delegation  of  power. 

—  in   general. 

Delegation  of  power  to  city.  1915E,  93; 
1916D,  913;  1916E,  264;  1917C,  98. 

—  what  is  a  delegation  of  power. 
Grant  of  authority  to  voters  of  power  to 

enact  and  amend  their  charter  as  em- 
powering them  to  fix  public  utility 
rates  not  changeable  by  commission 
created  by  general  law.  1917C,  98. 

—  authority    of  municipality   to   dele- 

gate its  power. 

Power  to  require  consent  of  neighboring 
property  owners  to  erection  of  nonfire- 
proof  buildings  within  fire  limits. 
1915D,  595. 

Delegation  of  power  bv  municipality  to 
board  of  health.  191 6A,  1228. 

Legislative  functions;  ordinances. 

—  in    general;    amendment;    construc- 

tion. 

Annotations. 

Violation  of  ordinance  as  to  part  of 
street  or  highway  to  be  •used  by 
vehicles  an  negligence  or  contrib- 
utory negligence.  1917C,  999. 

Violation  of  ordinance  giving  one  ve- 
hicle right  of  way  as  against  an- 
other as  affecting  liability  for  in- 
jury. 1917D,  693. 


Reading  ordinance  into  insurance  policy. 
1915E,  618. 

Violation  of  ordinance  as  negligence. 
1915D,  617;  1917A,  710;  1917C,  998, 
1146. 

Effect  of  violation  of  ordinance  giving  au- 
tomobile driver  right  of  way  at  street 
intersection  on  his  duty  to  exercise 
care.  1917D,  690. 

Private  action  for  violation  of  ordinance. 
1917C,  1146. 

What  constitutes  violation  of  ordinances- 
regulating  carrying  on  of  laundry  busi- 
ness within  city.  1917B,  341. 

Stipulation  in  ordinance  granting  franchise 
for  penalty  for  violation  thereof. 
1915E,  385. 

Violation  of  ordinance  as  proximate  cause 
of  injury.  1917F,  621. 

Attempt  to  amend  municipal  ordinances- 
without  re-enacting  and  publishing 
them  at  length.  1915B,  339. 

Retrospective  operation  of.     1916D,  583. 

—  enactment;  publication. 

Attack  on  ordinance  because  certain  alder- 
men whose  votes  were  necessary  to  its- 
passage  did  not  reside  in  the  wards 
which  they  purported  to  represent. 
1917F,  535. 

Publication.     1915A,  910. 

—  validity  generally. 

Regulations  as  to  buildings,  see  BUILDINGS. 

Constitutionality  of,  see  CONSTITUTIONAL. 
LAW. 

Regulations  to  protect  health,  see  HEALTH. 

Ordinances  as  to  sale  of  liquors,  see  INTOXI- 
CATING LIQUOBS. 

Annotations. 

Validity  of  ordinances  against  bawdy- 
houses.  1O17B,  1O7S. 

Power  of  munici]>-ility  to  regulate- 
dancing  in  public  places.  1917 A, 
1174. 

V  nl  hi  it  >i  of  regulations  as  to  milk. 
19'l7C,  243. 

Ordinance  making  it  an  offense  to  as- 
sociate with  disreputable  persons* 
1917F,  904. 

Necessity    of    declaring    invalid    ordinance- 

which    impairs    constitutional     rights. 

1917F,  1050. 

Presumption  of  validity.     1917F,  1050. 
Who  may  question   validity.     1915D,   607; 

191 6  A,  1228. 

Invalid  in  part.     1915D,  595;  1916A,  1228. 
Effect  of  .motive.     1916B,  1248. 
Reasonableness     generally.       1915D,     607; 

1917D,  365. 
Reasonableness  as  question  for  jury.    1915F, 

1196. 
Power  to  provide  for  imprisonment  of  one 

who   refuses   to   pay  for   hired  vehicle. 

1917B,  551. 
Forbidding    storage    of    inflammable     sub- 

ytances    in    certain    locations.      1915D,. 

603. 


MUNICIPAL  CORPORATIONS. 


301 


—  power  over  use  of  streets. 

As  to  use  of  jitney  busses  on  highways,  see 

JITNEY  BUSSES. 
Improvement  of  streets  and  sidewalks,  see 

PUBLIC  IMPROVEMENTS. 
Eight  of  railroad  to  use  streets  generally, 

see  HIGHWAYS. 

Annotations. 

Validity  and  effect  of  regulation  as  to 

parking     or     leaving     automobiles 

standing  in  street.     1917F,  352. 
Power  of  municipality  as  to  gasolene 

stations      in      highway.         1917  F, 

1OO5. 

Judicial  power  to  review  exercise  of  li- 
censing power.  1916D,  246. 

Delegation  of  power  over  highways  hy  legis- 
lature to  municipality.  1915E,  93. 

Exacting  percentage  of  receipts  of  corpora- 
tion on  extending  its  rights  in  street. 
1915E,  165. 

Regulation  of  street  railway  company  as 
interference  with  interstate  commerce. 
1915F,  792. 

Creating  private  action  in  favor  of  person 
injured  by  violation  or  ordinance  by 
street  railway  company.  1915D,  1021. 

Regulating  temperature  of  street  cars. 
1915F,  792. 

Power  to  make  binding  contract  with  street 
railway  company  as  to  rates  of  fare. 
1915F,  744. 

Power  to  require  railroad  company  to 
change  its  grades.  1917C,  1174. 

Criminal  liability  of  railroad  company  ob- 
structing street  crossing  in  violation  of 
ordinance.  1915B,  329. 

Forbidding  parking  of  automobiles  in 
streets.  1917F,  345. 

Authority  to  permit  erection  of  gasolene 
pump  in  street.  ]917F,  1004.  • 

Right  to  revoke  license  for  erection  of  gaso- 
lene pump  in  street.  1917F,  1004. 

Power  to  provide  that  franchise  of  telephone 
companies  to  use  streets  shall  not  be 
transferred.  1917F,  1178. 

Power  to  permit  construction  of  tunnel  or 
vault  under  highway.  1915F,  937,  1009. 

Power  to  permit  show  in  highway.  1915F, 
568. 

Forbidding  use  of  traction  engines  on  high- 
ways. 1915D,  327. 

Requiring  removal  of  posts  from  sidewalk. 
1916C,  561. 

Awnings  in  street.     1915C,  561. 

—  power  as  to  nuisances. 

Right  to  maintain  suit  to  abate  nuisance. 
1916D,  1016. 

Power  to  declare  the  keeping  of  intoxicat- 
ing liquors  in  private  clubs  for  indi- 
vidual use  of  members  to  be  a  nuisance. 
1917A,  314. 

Power  to  destroy  a  thing  which  constitutes 
a  nuisance  if  necessary  to  abate  the 
nuisance.  1915B,  415. 

Collection  of  garbage.  1915D,  209;  1915F, 
1069. 

Stables.     1916D,  583. 


—  regulation  of  business. 

License  for,  see  LICENSE. 

Annotations. 

Validity  of  regulations  as  to  milk. 
1917C,  243. 

Right  of  municipality  to  forbid  solic- 
itation of  patronage  at  railway 
stations.  1917D,  69O. 

Review  of  ordinance  as  to  business  in  resi- 
dential section.  1916B,  1248. 

Power  to  regulate  rendering  within  city 
limits.  1915F,  1196. 

Forbidding  operation  of  brick  kiln  within 
certain  territory.  1916B,  1248. 

Prohibition  against  permitting  patrons  of 
public  restaurant  to  dance  therein. 
1917A,  1170. 

Power  to  fix  rates  beyond  control  of  legis- 
lature or  commission.  1915C,  261,  287; 
1917C,  98. 

Reasonableness  of  ordinance  as  to  rates. 
1915C,  282. 

Forbidding  carrier  to  transport  milk  when 
warmer  than  a  specified  temperature. 
1917C,  238. 

Forbidding  solicitation  of  patronage  for 
transportation  of  persons  or  baggage 
in  any  depot.  1917D,  688. 

Assigning  stands  to  omnibuses  of  hotels  at 
railroad  stations.  1915F,  726. 

Power  to  forbid  carrier  to  grant  exclusive 
privilege  to  baggage  company  at  sta- 
tion. 1917F,  1080. 

—  enforcement  of  ordinance. 

Liability  of  city  in  civil  action  for  failure 
of  its  officers  to  enforce  ordinance. 
1915E,  448. 

Injunction  against  enforcement  of  ordinance. 
1915B,  1097;  1915D,  209,  595,  684; 
1915F,  726. 

Enforcement  of  ordinance  by  private  action 
by  person  injured  by  its  nonobservance. 
1915D,  1021. 

Sufficiency  of  proof  of  violation  of  ordi- 
nance. 1915D,  260;  1916E,  326. 

Conviction  for  violation  of  ordinance  mak- 
ing it  punishable  to  "knowingly"  give 
any  false  weight  or  measure.  1917D, 
1127. 

Contracts  generally. 

As  to  public  contracts  generally,  see  CON- 
TRACTS. 

Necessity  of  advertising  and  letting  con- 
tract by  bid,  see  CONTRACTS. 

Contract  by  city  for  public  water  supply, 
see  WATERS. 

Annotations. 

Power  of  municipal  body  to  employ 
attorney.  1917D,  24O. 

Power  to  employ  attorney  on  contin- 
gent fee.  1917D,  263. 

Right  of  municipality  entitled  to  serv- 
ices of  official  attorney  to  employ 
other  attorney  in  civil  matters. 
1917D,  255. 


302 


MUNICIPAL  CORPORATIONS. 


Establishment  of  contract  by  parol  evidence. 
1917F,  493. 

Who  may  maintain  action  on.     1915D,  917. 

Implied  contract.     1917  U,  206. 

Ultra  vires  contract.     1917B,  908. 

Necessity  that  person  dealing  With  munic- 
ipality take  notice  of  limitations  on  its 
or  its  agent's  powers.  1915D,  978. 

Right  of  other  party  to  ultra  vires  contract 
to  recover- von  quantum  meruit.  1915A, 
904. 

Valid  in  part.    1915A,  906. 

Power  to  bind  successor;  duration  of  con- 
tract. 1915E,  581. 

Power  of  municipality  to  employ  attorneys 
to  obtain  reversal  of  decision  denying 
exclusive  right  of  municipality  to  li- 
cense sale  of  liquors  within  its  limits. 
1917D,  237. 

Power  to  contract  as  to  public  service  rates. 
1915C,  261. 

Power  to  contract  for  construction  of 
sewers.  1915A,  982. 

Construing  deed  by  municipality  as  a  mort- 
gage. 1915A,  1106. 

Sufficiency  of  proof  of  breach  of  contract  by 
.  municipality.  1915E,  581. 

Ratification  of  invalid  contract.  1915A, 
982;  1917C,  1096;  1917D,  206. 

Estoppo1  to  deny  validity  of  contract. 
1915A,  904,  982. 

Borrowing  money;  indebtedness. 

—  in  general. 

As  to  municipal  bonds,  see  BONDS. 

Vote  for.     1915A,  904;  1915D,  978. 

—  limitation  of  amount. 

Limitation  of  indebtedness  of  school  dis- 
trict, see  SCHOOLS. 

Annotations. 

Creation  of  indebtedness  within  the 
meaning  of  debt  limit  provisions. 
1917E,  437. 

Rule  for  determining  the  indebtedness, 
'within  the  meaning  of  debt-limit 
provisions,  where  boundaries  of  dif' 
ferent  political  units  are  wholly  or 
partly  coincident.  1917E,  468. 

Statute  authorizing  courts  to  validate  war- 
rants for  debts  in  excess  of  annual 
revenue  and  income.  1915D,  978. 

Right  of  municipality  to  avoid  levying  tax 
to  pay  judgment  on  ground  that  to  do 
so  would  exceed  the  constitutional 
debt  limit.  1917E,  422. 

Power  to  use  public  funds  to  secure  nullifi- 
cation of  statute  limiting  amount  of 
bonded  indebtedness.  1917B,  354. 

What  constitutes  creation  of  indebtedness. 
1915A,  1106. 

Lights;  electric  power. 

Estoppel  of  municipality  furnishing  electric 
power  by  mistake  in  bill  rendered  con- 
sumer. *1915B,  711. 

Right  to  sell  and  install  electrical  apparatus 
for  compensation.  1916A,  908. 


Water  supply. 

Supply  of  water  by  private  corporations 
and  supply  by  municipality  to  its  in- 
habitants, see  WATERS. 

Annotation. 

Right  of  municipal  corporations  in  re- 
spect of  percolating  waters.  191 7F, 
691. 

Sufficiency  of  enactment  and  publication  of 
ordinance  as  to  issue  of  waterworks 
bonds.  1915A,  910. 

Estoppel  of  municipality  to  deny  liability  on 
waterworks  bonds.  1915A,  910. 

Creation  of  indebtedness  for  waterworks. 
1915A,  904. 

Power  to  construct  and  operate  waterworks 
system;  effect  of  franchise  of  water 
company.  1915C,  438. 

Injunction  against  construction  of  water- 
works system  by  municipality.  1915C, 
438. 

Validity  of  contract  by  municipality  to  se- 
cure water  supply.  1915A,  904. 

Ultra  'vires  contract  for  municipal  water 
supply.  1917B,  908. 

Agreement  of  water  company  to  give  free 
service  to.  1916D,  431 ;  1917B,  908. 

Construction  of  agreement  to  renew  con- 
tract for  water  supply  upon  such  terms 
as  are  mutually  agreed  upon.  1917D, 
1074. 

Specific  performance  of  agreement  to  renew 
contract  for  water  supply  upon  such 
terms  as  are  mutually  agreed  upon. 
1917D,  1074. 

Injunction  against  cutting  off  water  supply. 
1917B,  908. 

Right  to  pump  percolating  water  from  land 
owned  by  it  for  public  use.  1917F,  684. 

Exemption  of  municipal  waterworks  from 
taxation.  1915A,  1118;  1915D,  1103. 

Other  property  and  privileges. 

As  to  parks,  see  PARKS  AND  SQUARES. 

Tax  on  property  of.     1915A,  1118. 

Implied  power  to  alienate  or  dispose  of 
property.  1915A,  1106. 

Power  to  lay  conduits  to  enable  municipali- 
ty to  supply  for  compensation,  surplus 
steam  from  lighting  plant  to  heat 
houses  of  inhabitants.  1916C,  395. 


Liability  for  damages. 

—  in   general. 

Liability    for    defects    or    obstructions 
street,  see  HIGHWAYS. 


In 


Annotation. 

Liability  for  damage  to  service  mains 

by    excavating    in    street.      1917E, 

1O94. 

Jurisdiction  of  action  for  damages.    1915F, 

1025. 

Venue  of  action  against.     1915F,  1029. 
Injury  to  gas  mains  laid  in  street  resulting 

from    construction    of    sewer.      1917E, 

1092. 


MUNICIPAL  CORPORATIONS— MUSEUM. 


303 


Liability  for  injury  to  vessel  by  collision 

with  drawbridge  over  navigable  stream. 

1915F,  1062. 
Killing  or  other  injuries  by  mob.     1915C, 

578. 
For  injury  by  electric  wire.     1915E,  316; 

1915D,  1064. 
Injury  by   collapse  of   bathhouse.      1917B, 

1285. 
From   nuisance.      1915C,   747,    751;    1915P, 

568;  1917C,  1046;   1917D,  914;   1917F, 

475. 
For  injuries  to  employee.     1916C,  388,  741. 

—  for  acts  of  officers  or  agents. 

Effect  of  failure  to  require  bond  of  police 
officer  to  render  city  liable  for  his  acts. 
1915E,  460. 

Right  of  agent  of  city  to  city's  exemption 
from  liability  for  injury  by  his  negli- 
gence. 1916D,  508. 

Liability  for  acts  done  under  a  void  res- 
olution enacted  in  exercise  of  govern- 
mental powers.  1915B,  415. 

Failure  of  officer  to  enforce  ordinance. 
1915E,  448. 

Negligence  of  employee  in  leaving  explo- 
sives unguarded  within  reach  of  child. 
1917A,  992;  1917C,  429. 

Negligence  of  attendant  at  playground. 
1915C,  435;  1915D,  1108. 

As  to  fireworks.     1917B,  1239. 

Negligence  in  failing  to  properly  confine 
animals  in  zoological  garden.  19 17 A, 
399. 

Negligence  in  disposing  of  garbage.  1915C, 
747. 

In  abating  nuisance.    1915B,  415. 

In  health  department.    191 6B,  917. 

In  fire  department.  1917B,  548;  1917E, 
1170. 

Conversion  by  contractor.     1915F,  1009. 

Trespass.     1916D,  1079. 

Assault  by  police  officer.    1915E,  460. 

—  as    to    drains,    sewers,    and    waters 

generally. 

Venue  of  action  against  municipality  for 
diversion  of  water.  1915F,  1029. 

Injury  to  gas  mains  laid  in  street  resulting 
from  construction  of  sewer.  1917E, 
1092. 

Diversion  of  watercourse  by  establishment 
of  street  grade.  1916B,  1027. 

Injury  resulting  from  erection  of  embank- 
ment to  restrain  flood  water.  1915C, 
700. 

Pollution  of  water  by  sewage.  1915A,  282; 
]916F,  189. 

—  condition    or    nse    of    public    build- 

ings or  grounds. 

Annotation. 

Municipal  liability  for  injuries  from  de- 
fects in  "building  used  for  conven- 
ience or  pleasure  of  its  inhabitants. 
1917E,  695. 

Duty  as  to  public  auditorium.     1917E,  685. 
Injury  resulting  from  defective  floor  of  pest 
house.     1916D,  626. 


—  presenting  claims  against;  condi- 
tion precedent  to  liability. 

Validity  of  statute  as  to.     1915E,  749. 
Sufficiency  of  title  of  statute  as  to.    1915E, 

1069. 

Verification  of  claims.     1916D,  1079. 
Notice  of  claim  as  condition  precedent  to 

action.       1915D,     1111;     1915E,     749; 

1916D,  426,  1079. 

As  to  taxes. 

Purposes  for  which  public  funds  may  be 
used,  see  PUBLIC  MONEYS. 

For  matters  not  peculiar  to  municipal  cor- 
porations, see  TAXES. 

Provision  in  lease  of  town  land  that  lessor 
will  pay  the  taxes.  1915C,  698. 

Power  to  tax  for  special  purpose.  1917E, 
842. 

Manufacture  of  ice  by  town  as  public  pur- 
pose for  which  taxing  power  may  be 
exercised.  1915B,  859. 

Statute  providing  for  levy  of  tax  by  city 
for  special  purpose.  1917E,  842. 

Sufficiency  of  title  of  statute  as  to.  1917E, 
842. 

Pow-r  to  exempt  from  taxation.  1917B, 
908. 

Right  of  legislature  to  require  municipal- 
ity to  turn  over  a  portion  of  its  taxes 
to  county  to  assist  in  support  of  ju- 
venile court.  1917D,  791. 

Powers  of  officers. 

Liability  of  city  for  acts  of  its  officers  or 
agents,  see  supra. 

Mandamus  to  municipal  officers,  see  MAN- 
DAMUS. 

As  to  municipal  officers  generally,  see  OF- 
FICERS. 

Presumption  that  officers  acted  in  accord- 
ance with  law.  1917F,  545. 

Necessity  of  uniformity  in  powers  of. 
1916D,  913. 

Empowering  municipality  to  define  and 
change  powers  and  duties.  1916D,  913. 

Power  of  officers  to  contract  for  period  be- 
yond term  of  office.  1915E,  581. 


MUNICIPAL  COURTS. 

Two-thirds  vote  for  enactment  of  statute 
amending  municipal  court  act.  1916B, 
931. 


MURDER. 


See  HOMICIDE. 


MUSEUM. 

I 

Loss  of  property  placed  on  exhibition  in. 
1915A,  594. 


•  304  MUTILATION— NECESSITY. 

MUTILATION. 


Annotation. 

Of  will,   liability  for.     1917B,   658. 

Of  will,  liability  for.    191 7B,  556. 
Revocation  of  will  by.    1915D,  1140. 
Of  corpse,  who  may  maintain  action   for. 
1915B,  519. 


MUTUAL  BENEFIT  SOCIETIES. 

See  BENEVOLENT  SOCIETIES. 


MUTUAL  INSURANCE  COMPANY. 

See  INSURANCE. 


MUTUALITY. 

Of  contract,  see  CONTRACTS. 
As     affecting     set-off,     see     SET-OPT     AND 
COUNTERCLAIM. 


NAKED  LEGAL  TITLE. 

Levy  on.    1916A,  588. 


NAME. 

Injunction  against  wrongful  use  of,  see  IN- 
JUNCTION. 

'Annotation. 

Misnomer  a*  ground  for  attacking  di- 
vorce decree.     1917B,  439. 

Unauthorized  use  of,  for  advertising  pur- 

poses.    1915C,  839. 
Right  of  one  doing  business  individually  in 

combination    with   words   indicating   a 

firm  or  corporation  which  have  already 

been     adopted     by     another     concern. 

1916C,  251. 
Misnomer  as  ground  for  relief  against  judg- 

ment.   1916F,  724. 
Of  party  in  writ;  misnomer.     1915B,  1149; 

191  7B,  305. 
Requiring  filing  of  certificate  setting  forth 

names  of  members  of  firm,  unless  busi- 

ness   is    transacted    under    partnership 

name  which  includes  the  true  real  name 

of  at  least  one  of  the  members.    1917B, 

697. 
Regulation   of  right  to   do   business   under 

assumed    name.      1915E,    747;    1916D, 

352. 
Recording  of   assumed   name   under   which 

business  is  transacted.     1915D,  987. 
Effect  of  mistake  in  name  on  records  on  lia- 

bility of  abstractor.     1915D,  1211. 


NAPHTHA. 


Annotation. 

Keeping     of,     on     insured     premises. 
1917C,  278. 


NASAL  DOUCHE. 

Death   resulting   from   violent    snuffing   of, 
as  an  accident.     1915B,  872. 


NATIONAL  BANKS. 

See  BANKS. 


NATURAL  CHILDREN. 

See  ILLEGITIMACY. 

-  4  «  » 

NATURAL  GAS. 

In  mine,  see  MINES. 


NAVIGABLE  WATERS. 

See  WATEBS. 


NAVIGATION. 

Rights  of  navigation,  see  WATERS. 


NECESSARIES. 

Husband's  liability  for,  see  HUSBAND  AND 

WIFE. 
Furnished  to  infant,  see  INFANTS. 

Annotations. 

Power  of  guardian  or  committee  of 
insane  person  to  procure  neces- 
sities for  family  of  his  ward. 
1917B,  678. 

What  constitute  family  expenses  or 
necessaries  within  statute  render- 
ing \vife  or  her  property  liable 
therefor.  1917F,  861. 

Wife's  liability  for.  1915D,  1184;  1917F, 
860. 


NECESSITY. 

Easements  by,  see  EASEMENTS. 
Works  of,  on  Sunday,  see  SUNDAY. 
Question  for  jury  as  to,  see  TRIAL. 


NE  EXEAT— NEGLIGENCE. 


305 


NE  EXEAT. 

To  prevent  nonresident  from  removing  prop- 
erty from  state.     1916C,  403. 


NEGATIVE. 

legation  of  defences  or  exceptions  in  indict- 
ment, see  INDICTMENT,  ETC. 
^Negation  of  defense  in  pleading,  see  PLEAD- 

INO. 


NEGLIGENCE. 

In  general. 
Dangerous  agencies. 

—  in  general. 

—  liability   of   seller,  or   manufac- 

turer, or  other  third  person. 
Dangerous  premises. 

—  in  general. 

—  liability    to    licensees    or    tres- 

passers generally. 

—  injuries  to  children;  dangerous 

attractions. 

On  highways  or  waters.  . 

•Contributory  negligence. 

—  generally. 

—  of  persons  under  disability. 

—  on  highways. 

—  imputed. 

—  injury   avoidable  notwithstand- 

ing    contributory     negligence; 
last  clear  chance. 


In  general. 

Liability  notwithstanding  contributory  neg- 
ligence where  injury  could  have  been 
avoided,  see  infra. 

Of  title  abstractor,  see  ABSTRACTS. 

Of  agister,  see  AGISTEBS. 

Liability  of  state  board  of  agriculture  for, 
see  AGRICULTURAL  SOCIETIES. 

Injury  to  patron  at  place  of  amusement,  see 
AMUSEMENTS. 

In  use  of  automobile,  see  AUTOMOBILES. 

Of  bailee,  see  BAILMENT. 

In  payment  of  check,  see  BANKS. 

Of  bank  in  collecting  commercial  paper,  see 
BANKS. 

Of  owner  of  bathing  resort,  see  BATHING 
RESORTS. 

Liability  of  benevolent  society  for,  see 
BENEVOLENT  SOCIETIES. 

As  to  blasting,  see  BLASTING. 

Of  proprietor  of  boat  livery,  see  BOAT  LIV- 
ERY. 

As  to  bridges,  see  BRIDGES. 

As  to  buildings,  see  BUILDINGS. 

As  to.  fire  escapes,  see  BUILDINGS. 

Of  carrier,  see  CARRIERS. 

Liability  of  charitable  institution  for,  see 
CHARITIES. 

Conflict  of  laws  as  to  liability  for,  see  CON- 
FLICT OF  LAWS. 

L.R.A.  Tri.  Index  1915-17.— 20. 


|  Validity  of  contract  against  liability  for, 
see  CONTRACTS. 

Contribution  between  wrongdoers,  see  CON- 
TRIBUTION AND  INDEMNITY. 

In  transferring  stock,  see  CORPORATIONS. 

Measure  of  damages  for  negligence  causing 
personal  injury  or  death,  see  DAMAGES. 

Matters  peculiar  to  action  for  death,  see 
DEATH. 

As  to  elevators,  see  ELEVATORS. 

Estoppel  by,  see  ESTOPPEL. 

Presumption  and  burden  of  proof  as  to,  see 
EVIDENCE. 

Relevancy  of  evidence  as  to,  see  EVIDENCE. 

Evidence  of  other  accidents  or  defects,  see 
EVIDENCE. 

In  causing  fright,  see  FRIGHT. 

As  to  defects  in  highways,  see  HIGHWAYS. 

As  to  negligent  homicide,  see  HOMICIDE. 

Of  innkeeper,  see  INNKEEPERS. 

In  operation  of  jitney  bus,  see  JITNEY 
BUSSES. 

Joint  liability  in  case  of  negligence,  see 
JOINT  CREDITORS  AND  DEBTORS. 

Of  landlord,  see  LANDLORD  AND  TENANT. 

Bar  of  statute  of  limitations,  see  LIMITA- 
TION OF  ACTIONS. 

Of  employer  or  employee,  see  MASTER  AND 
SERVANT. 

Of  municipal  corporation,  see  MUNICIPAL 
CORPORATIONS. 

New  trial  in  action  for,  see  NEW  TRIAL. 

Of  physicians,  see  PHYSICIANS  AND  SUB- 
GEONS. 

Pleading  as  to,  see  PLEADING. 

Proximate  cause  of  injury  by,  see  PROXI- 
MATE CAUSE. 

Of  railroad  company,  see  RAILROADS. 

Towards  seaman,  see  SEAMEN. 

In  matters  relating  to  shipping,  see  SHIP- 
PING. 

In  operation  of  street  railways,  see  STREET 
RAILWAYS. 

Of  telegraph  company,  see  TELEGRAPHS. 

Question  for  jury  as  to,  see  TRIAL. 

Of  warehousemen,  see  WAREHOUSEMEN. 

Annotations. 

Liability  of  private  person  for  damages 
to  property  in  abating  a  nuisance. 
1917C,  1O42. 

May  action  for  alienation  of  affections 
rest  upon  a  negligent  tort.  1917B, 
68O. 

Power  of  court  to  require  owner  of 
premises  or  property  to  permit  in- 
spection in  negligence  cases. 
1917E,  S3S. 

Duty  and  liability  of  owner  of  boat 
livery.  1917F,  S6O. 

Sufficiency  of  evidence  to  take  case  to  jury. 

1915E,    267;    1915F,    11,    866;    1916D, 

836;  1917B,  1245;  1917E,  250. 
Evidence  of  habit  as  to.    1915D,  725 ;  1915E, 

287;   1916B,  824. 
Evidence    as    to,    under    pleading.      1916A, 

943;   1916C,  1208;   ]916D,  644. 
Variance  in  proof  of.     1915A,  781;   1915F, 

558,  866,  992,  1000. 


306 


NEGLIGENCE. 


Instructions  as  to.    1915A,  325;  1915B,  426; 

1915D,  1021;  1915E,  1022;  1915F,  803; 

1916C,  1020;   1916E,  478;   1917A,  543; 

1917C,  1066;   1917D,  214;   1917E,  242; 

1917F,  1043. 
Insufficiency  of  verdict  in  action  for.    1915E, 

991. 
Review  of  verdict  or  finding  as  to.     1916D, 

618;   1916F,  1110. 

New  theory  as  to,  on  appeal.     1915A,  363. 
Conclusiveness  on  second  appeal  of  ruling 

on  appeal  as  to  negligence.    1916C,  803. 
What  constitutes,  generally.     1915E,  991. 
When  duty  to  exercise  care  to  prevent  in- 
jury, arises.     1917A,  128. 
Gross,  wanton,  or  wilful  negligence.    191 5A, 

142;    1916C,    1029;    1916D,    614,    783; 

1917C,  1066;   1917D,  666,  875;   1917E, 

258;   1917F,  118. 
Concurrent  negligence.    1915D,  243;  1916D, 

836;  1917E,  215. 
Violation  of  statute  or  ordinance.     1915D, 

617;   1917A,  710;  1917C,  998,  1146. 
Effect    of    drunkenness    on    liability    for. 

1917A,  306. 
Liability  of  hospital  for.    1915D,  334,  1167; 

1917B,  708. 

Liability  of  receiver  for.    1917 A,  536. 
Liability  of  agent  for.     1915E,  721 ;  1915F, 

566;  1917C,  77. 
Basing  action  for  alienations  of  affection  on 

negligence.     1917B,  679. 
Injury  to  one  thrown  from  mule  frightened 

by  swinging  of  unfastened  door  of  house 

50  feet  from  highway.     1917D,  197. 
Liability  for  injury  to  child  on  sidewalk  by 

rightful  ejection  of  drunken  man  from 

saloon.     1917E,  271. 
In  permitting  coal  to  roll  over  edge  of  steep 

decline.     1915B,  426. 

Of  owner  of  certified  check  whose  indorse- 
ment is  forged  thereon.     193  6E,  906. 
Of  irrigation  ditch  company  toward  stock- 
holders.    1915D,  292. 
Of   insurance   agent,   estoppel   by.     1915D, 

766. 
Negligent  homicide.     1915D,  201. 

Dangerous  agencies. 

—  in  general. 

Liability  for  injuries  by  animals,  see  ANI- 
MALS. 

Ae  to  automobiles,  see  AUTOMOBILES. 

As  to  electricity,  see  ELECTRICITY. 

As  to  explosives,  see  EXPLOSIONS  AND  EX- 
PLOSIVES. 

As  to  fire,  see.FiBES. 

Presumption  and  burden  of  proof  as  to  neg- 
ligence. 1917C,  487. 

Sufficiency  of  evidence  to  go  to  jury.  1915E, 
267. 

Liability  for  servant's  negligence  as  to. 
1916F,  945. 

Firearms.    1915E,  267;  1916D,  1179. 

—  liability  of  seller,  or  mannf p.cturer, 

or  other  third  person. 

Prejudicial  error  in  refusing  to  permit 
amendment  of  answer  in  action  for  in- 
jury. 1915A,  328. 

Evidence  in  action  for.    1915E,  287. 


Sufficiency  of  proof  of  negligence.     1916Dr 

1006;   1916E,  1074. 
Delay  as  ground  for  dismissal  of  action  to 

recover    for    injury   through   defect   in 

article  sold.     1916B,  1104. 
Counterclaim  for   injury  to  minor   son   of 

purchaser    through    defect    in    articles 

sold,    in    action    for    purchase    money. 

1916C,  514. 
Right  of  retailer  held  liable-  for  injury  to 

recover  over  from  manufacturer.    1915A,. 

336. 

Conclusiveness  on  manufacturer  given  no- 
tice of  action  of  judgment  against  re- 
tailer for  injuries  due  to  article  sold. 

1915C,  336. 
Liability  for  sale  of  unfit  food.    1915C,  179; 

1917B,  1272. 
Liability  of  employer  for  negligence  of  third 

person  in  serving  unwholesome  food  to- 

farm  laborers.     1915A,  328. 
Injury  to  animals  by   improper   medicine. 

1916B,  1104. 
Injury  to  consumer  of  beverage  by  foreign 

substance  in  bottle.     1915B,  877. 
Injury  by  nail  in  shoe  used  to  fasten  on  the 

sole.    1916E,  1188. 
Injury  to  consumer  of  tobacco  by  defects 

therein.    1916A,  940. 
Injury   by   defects   in   automobile.      1915E, 

287;   1916F,  696. 
Sale  of  gun  to  infant.     1915C,  460. 

Dangerous  premises. 

—  in  general. 

Liability  of  landlord,  see  LANDLORD  AND- 
TENANT. 

Municipal  liability,  see  MUNICIPAL  CORPORA- 
TIONS. 

Dangerous  school  premises,  see  SCHOOLS. 

Annotations. 

Power    of   court    to    require    oivner    of 

premises    to    permit    inspection    in 

negligence  cases.      1917E,  838. 
Liability   of   agent   of   leased  premises- 

for  injuries  due  to  defects  therein. 

1917C,  83. 
Duty  as  to  maintenance  and  repair  of 

retaining  wall.      1917F,    683. 

Question  for  jury  as  to.     1915B,  98. 

Independent  contractor's  liability.  1915E, 
766. 

Liability  of  charitable  institution  for  injury 
to  fireman  by  unsafe  condition  of  fire 
escape  on  building.  1917D,  967. 

Injury  to  person  attending  public  function- 
in  public  auditorium.  1917E,  685. 

Duty  of  merchant  to  customers  as  to  con- 
dition of  store  room.  1917E,  747. 

Injury  to  customer  at  store  by  swinging 
d'oor.  3915F,  572. 

Injury  to  person  entering  building  to  deliver 
papers  by  defective  stairway.  1916F, 
1110. 

Injury  to  person  in  express  office  by  fall  of 
object.  191CC,  1208. 

Duty  to  maintain  premises  in  condition  of 
safety  to  travelers  on  highway.  1917E,. 
809.  " 


NEGLIGENCE. 


307 


Liability  for  injury  to  person  on  railroad 
track  by  spike  protruding  from  cross 
tie.  1916E,  458. 

Duty  of  carrier  maintaining  platform  for 
shipment  of  cotton  to  one  going  thereon 
to  see  cotton  buyer.  1916A,  510. 

As  to  condition  of  wall.  1915C,  704,  710; 
1915E,  926;  1917F,  680. 

As  to  elevator  wells  or  shafts.  1915B,  364; 
1915E,  500,  721;  1917E,  696. 

Open,  stairway  in  floor.    1917E,  747. 

—  liability  to  licensees  or  trespassers 

generally. 

Liability  for  injury  to  persons  on  or  near 
railroad  track,  see  RAILROADS. 

Duty  of  contractor  erecting  building  toward 

persons  who  to  his  knowledge  may  be 

required  to  go  upon  attic  joists.    1917A, 

128. 
Person  accepting  public  invitation  to  attend 

exercises    in    public    auditorium    as    a 

trespasser.     1917E,  685. 
Injury  to  licensee  by  wire  stretched  across 

lawn.     1916F,  279. 
Landlord's  liability  for  injury  to  licensee  of 

tenant.     1916F,  1130,  1135. 
Injury  to  policeman  by  fall  of  screen  when 

he  attempts  to  shut  and  fasten  a  door 

found  open.     1916B,  791. 

—  injuries  to  children;  dangerous  at- 

tractions. 

Annotations. 

Liability   for  injury   to   children   from 

explosives  left  accessible  to  them. 

1917A,  1295. 
Fire   as    attractive   nuisance.      1917V, 

1O36. 
Wreck  as  attractive  nuisance.     1917F, 

1O31. 

Sufficiency  of  complaint  in  action  for  death 
of  child.  1915A,  731. 

Evidence  on  question  of  negligence  toward 
trespassing  child.  1917D,  875. 

Master's  liability  for  negligence  of  independ- 
ent contractor.  1915A,  731. 

Ordinary  motor  truck  as  an  attractive  nui- 
sance. 1917D,  875. 

Wreck  on  railroad  right  of  way  as  an  at- 
tractive nuisance.  1917F,  1024. 

Smoldering  fire  in  rubbish  dump  near  side- 
walk as  attractive  nuisance.  1917F, 
1024. 

Elevator  shaft  as  dangerous  attraction  to 
children.  1915E,  500. 

Injury  to  infant  by  electric  shock.  1915 A, 
510;  1915C,  151,  405. 

Injury  by  explosive.  1915F,  638;  1917A, 
992,  1290;  1917C,  429. 

Ponds;  reservoir,  wells,  etc.  1915A,  150, 
731;  1915D,  850;  1916D,  443. 

Maintenance  without  barriers,  of  inclined 
retaining  wall  with  wide,  smooth  top, 
along  side  of  viaduct.  1915D,  160.- 

Injury  to  child  climbing  on  connecting  pole 
of  two  wagons  coupled  together  and 
thus  drawn  through  the  street.  1915D, 
536. 


Injury  to  child  on  path  which  property 
owner  has  permitted  to  be  used  by  pub- 
lic. 1915A,  510. 

Injury  to  child  invited  by  engineer  to  ride 
on  locomotive  engine.  1915E,  888. 

Leaving  denatured  alcohol  accessible  to 
children.  1915E,  191. 

Leaving  wheel  scraper  unguarded  and  un- 
fastened upon  grounds  of  Bchool. 
1915F,  983. 

On  highways  or  waters. 

In  use  of  automobile,  see  AUTOMOBILES. 
As  to  defects  in  highways,  see  HIGHWAYS. 
Injury  at  railway  crossings,  see  RAILROADS. 
Liability  of  railroad  company  of  frightening 

horse  on  highway,  see  RAILBOADS. 
Negligence   of    street   railway,   see   STBEET 

RAILWAYS. 

Annotations. 

Liability  for  striking  one  engaged 
about  an  automobile  in  a  highway. 
1917B,  319. 

Signal  of  traffic  officer  as  affecting  duty 
of  travelers  to  exercise  care. 
1917B,  137. 

Violation  of  ordinance  as  to  part  of 
street  or  highway  to  be  used  by 
vehicles.  1917C,  999. 

Violation  of  statute  or  ordinance  giv' 
ing  one  vehicle  right  of  wai/  as 
against  another  as  affecting  liabil- 
ity for  injury.  1917D,  693. 

Duty  owed  to  others  by  one  blinded  by 
light  on  highway.  1917E,  104:5.  . 

Assault  by  negligent  driving.     1915E,  812. 
Right  of  agent  of  city  to  city's  exemption 

from  liability  for  injury  to  pedestrians 

by  his  negligent  driving.     191 6D,  508. 
Question  for  jury  as  to.     1917D,  690. 
Law  of  the  road.    1915D,  628;  1915E,  1028; 

1916A,  744;  1917C,  477. 
Negligence  in  passing  standing  street  car 

to  the  left.     191 7C,  477. 
Effect  of  failure  of  one  driving  at  night  to 

carry   lights   required   by   statute,   for 

injury    by    collision    with    automobile. 

1917F,  444. 

Contributory  negligence. 

—  generally. 

Liability  notwithstanding  contributory  neg- 
ligence where  injury  could  have  been 
avoided,  see  infra. 

Of  one  injured  by  automobile,  see  AUTO- 
MOBILES. 

Of  passenger,  see  CARRIERS. 

Of  person  injured  by  electric  wire,  see  ELEC- 
TRICITY. 

Of  employee,  see  MASTER  AND  SERVANT. 

Of  person  injured  at  railroad  crossing,  see 
RAILBOADS. 

On  street  car  track,  see  STREET  RAILWAYS* 

Violation  of  Sunday  law,  see  SUNDAY. 

Ar.notntions. 

Right  to  show  disability  of  adult  on  is- 
sue of  contributory  negligence 
without  allegation  thereof.  1917D, 
558. 


308 


NEGLIGENCE. 


Liability    for    death    or    injury    to    one 

attempting  to  stop  runaivay  horse. 

1917C,    IO83. 
Contributory     negligence     in     walking 

through  doom-ay  leading  to  place 

of  danger.     1917D,  892. 

Allegation    of   freedom    from.      1915C,    33; 

1915E,  500;   1915F,  558. 
Necessity  of  pleading.    1917F,  890. 
Sufficiency  of  pleading  as  to.     1917F,  890. 
Admissibility    under    pleading    of    evidence 

to  negative.     1917D,  556. 
Presumption   and   burden    of   proof    as   to. 

1915F,  558;  1916C,  1208;  1916D,  1109; 

1917D,  15;  1917F,  851. 
Relevancy    of    evidence    as    to    generally. 

1915C,   181;    1916B,   Si.4;    1917A,   306, 

1128;   1917E,  405;   1917F,  610. 
Sufficiency   of    proof   as   to.      1916D,    447; 

1916F,  127. 
Error  in  excluding  evidence  as  to.     1915C, 

813. 
Question  for  jury  as  to.    1915A,  761 ;  1915C, 

181,  843;  1915E,  721,  991;  1916E,  816; 

1917C,  120,  410,  784;  1917F,  834. 
Necessity  of  instructions  as  to.    1917A,  306. 
Failure  to  give  requested  instruction  as  to. 

1915D,  644. 
Prejudicial    error    in     instruction    as    to. 

1915E,  721;  1917A,  306;  1917D,  690. 
Review  of  verdict  or  finding  as  to.     1916D, 

618. 
Conclusiveness  of  ruling  as  to,  on   second 

appeal.     1916C,  803. 
When  contributory  negligence  is  a  defense. 

1915C,   712;    1915E,   812,   959;    1915D, 

1077;   1916D,  1064. 

Demurrer   to   complaint   which    shows   con- 
tributory negligence  on  its  face.    1915F, 

638;  19l6F,  1287. 
Violation  of  law  as.      1915E,   959;    1917C, 

998. 
Drunkenness  as.     1916F,   95;    1917A,   306; 

-1917C,  464. 
Acting  in  emergency.     1915E,  991;   1917D, 

962. 
Voluntarily  incurring  risk  in  attempting  to 

stop  runaway  horse.     1917C,   1080. 
In  engaging  in  occupation  that  is  inherent- 
ly dangerous.     1917E,  405. 
Right  of  one  invited  to  particular  part  of 

premises  of  express  company,  to  assume 

that    the    premises    are    safe.      1916C, 

1208. 
Of    customers    in    store    falling    into    open 

stairway.     191 7E,  747. 
Of    person    thrusting    head    into    elevator 

shaft.     191 5E,  740. 
Of  tenant.     191 7A,  993;  1917B,  238. 
Of  one  injured  as  result  of  obstruction  of 

street     crossing     by     railroad     train. 

1915E,  336. 

Of  guest  at  inn.     1916F,  1287;  1917F,  834. 
Of  person  injured  in  swimming  pool.     1915F, 

689. 

Of  purchaser  of  medicine  for  horse,  in  ad- 
ministering it  without  testing.     1916B, 

1104. 

Of  bystander  watching  the  raising  of  a  de- 
railed locomotive.     1916F,  114. 


Of  person  injured  on  private  tramway  in 
attempting  to  replace  a  car  upon  the 
track  with  his  back  to  another  car 
which  he  knows  is  due.  1915F,  1125. 

Of  bank  depositor  as  to  forged  checks. 
1915B,  815;  1915D,  741;  1916E,  906. 

—  of  persons  under  disability. 

Of  infant  employee,  see  MASTER  AND  SERV- 

ANT. 

Of  children  injured  by  railroad  trains,  see 
RAILROADS. 

Annotations. 

Contributory    negligence     of    children. 

1917F,  1O. 
Contributory  negligence  of  children  on 

and  about  elevators.     1917F,   195. 
Contributory  negligence  of  children  on 

or   about   railroad   track,.      1917 F, 

1£3. 
Circumstances      under      which      child 

crossing  street  car  track  is  guilty 

of  negligence   either  as  matter   of 

law  or  fact.     1917F,  172. 

Allegation  of  freedom  from  contributory 
negligence  in  action  for  injury  to  in- 
fants. 1915E,  500;  1915F,  558. 

Question  for  jury  as  to.     1915F,  638. 

Presumption  and  burden  of  proof  as  to  con- 
tributory negligence  of  child.  1915F, 
558. 

Evidence  as  to.    1917A,  1128. 

Contributory  negligence  of  father  as  defense 
to  action  by  mother  for  death  of  minor 
child.  1915E,  781. 

Degree  of  care  required  of  fourteen-year- 
old  boy.  1917F,  7. 

Care  to  be  exercised  by  children  in  use  of 
highway.  1917F,  1. 

Of  child  playing  on  railway  ties  in  public 
street.  1915C,  710. 

Of  boy  coasting  in  city  street.    1915E,  1028. 

Of  intelligent  boy  of  fifteen,  accustomed  to 
street  traffic,  in  attempting  to  board 
moving  motor  truck.  1917D,  875. 

Of  infant  in  protruding  his  head  through 
opening  in  door  of  elevator  while  it  is 
in  motion.  1917F,  187. 

Negligence  of  boy  riding  on  steps  of  rail- 
road car.  1915B,  166. 

Of  five-year-old  child  in  accepting  invitation 
to  ride  on  locomotive  engine.  1915D, 
888. 

Of  eight-year-old  boy  in  attempting  to  as»- 
sist  in  pushing  a  car  along  track. 
1917F,  116. 

Child  injured  by  street  car.  1917F,  164, 
165,  167. 

—  on  highways. 

Of  persons  under  disability,  see  supra. 

Of  person  injured  by  automobile,  see  AUTO- 

MOHILES. 
As  to  injuries  from  defects  in  highways,  see 

HIGHWAYS. 

At  railway  crossing,  see  RAILROADS. 
On  street  car  track,  see  STREET  RAILWAYS. 


NEGLIGENCE— NET  EARNINGS. 


309 


Annotations. 

Violation  of  ordinance  as  to  part  of 
street  or  highway  to  be  used  by 
vehicles  as  contributory  negligence. 
1917C,  999. 

Violation  of  statute  or  ordinance  giving 
one  vehicle  right  of  way  as  against 
another  as  affecting  liability  for  in- 
jury. 1917D,  693. 

Relevancy  of  evidence  of.    1917E,  405. 
Right    of   one    crossing    street    to    rely    on 

drivers   of  vehicles  obeying  ordinance. 

1916A,  943. 
Of  one  crossing  highway   diagonally   with 

load  on  his  shoulders,  in  failing  to  look 

behind  him  upon  approaching  center  of 

street.     1916A,  943. 
Duty  of  one  repairing  tire  on  automobile  in. 

street  to  look  out  for  passing  vehicles. 

1917B,  316. 
Of   one  falling  over   fender  of   street   car. 

1917C,  410. 

Coasting  in  city  street.    1915E,  1028. 
Of  driver  of  automobile  or  one  riding  with 

him.     1915B,  953;  1917F,  444. 
Speed,    1915E,  959,  1028. 

—  imputed. 

Annotation. 

Imputing  negligence  of  driver  of  fire 
apparatus  to  firemen  injured  by 
collision  with  street  car.  1917E, 
415. 

Question  for  jury  as  to.     1917A,  543. 

When  persons  are  engaged  in  joint  enter- 
prise so  that  the  negligence  of  one  will 
be  imputed  to  another.  1917A,  543. 

Imputing  negligence  of  wife  contributing 
to  death  of  child  to  husband  so  as  to 
preclude  his  right  of  recovery.  1917A, 
1128. 

Of  carrier  to  passenger.     1917D,  344. 

Of  parent  to  child.    1915F,  11. 

Of  husband  to  wife.     1916A,  1111. 

Of  driver  to  passenger.  1915A,  761;  1915B, 
953;  1915C,  419;  1915E,  588;  1916A, 
1111;  1917A,  543;  1917E,  405;  1917F, 
253,  444. 

—  injury     avoidable     notwithstanding 

contributory        negligence;        last 
clear  chance. 

Question  for  jury  as  to.     1916E,  58. 

Admissibility  of  evidence  as  to,  under  plead- 
ings. 1916A,  943. 

Necessity  that  complaint  admit  contribu- 
tory negligence  to  permit  doctrine  of 
last  clear  chance  to  be  invoked.  1916A, 
943. 

In  case  of  injury  to  servant.     1916F,  95. 

In  case  of  injurv  by  automobile.  19]  5C, 
702;  1916A,  943. 

In  case  of  injury  on  railroad  track.  1915F, 
1151;  1916E,  555. 

In  case  of  injury  at  railroad  crossing. 
1917E,  1124;  1917F,  1,  118. 

In  case  of  injury  by  street  car.     1916E,  58. 


NEGOTIABILITY. 

Of  bill  or  note,  see  BILLS  AND  NOTES. 


NEGOTIABLE   PAPER. 

See  BILLS  AND  NOTES;  CHECKS. 


NEGROES. 

Equal  rights  of,  see  CIVIL  RIGHTS. 

Annotation. 

Cumulative  penalties  for  failure  of 
carrier  to  provide  separate  accom- 
modations for  white  and  colored 
persons.  1917B,  54:8. 

Libel  by  charging  that  corporation   placed1 

negro  foreman  as  boss  over  white  girls. 

1916E,  667. 
Covenant  in  deed  of  real  estate  forbidding 

sale  of  property  to  negro.    19]  6B,  1201. 
Trust  to  provide  means  for  transportation 

of,  to  Liberia.     191 7C,  937. 
Conspiracy  to  deprive  citizens  of  right  to 

vote.     1916A,  1124. 
Excluding  negroes  from  right  to  burial  in 

cemetery.     1917B,  946. 
Requiring  colored  and  white  children  to  be 

educated  in   separate  schools.     191 5A,. 

828. 

Ordinance  forbidding  white  and  colored  per- 
sons to  reside  in  the  same  block. 

1915D,  684. 
Segregation  of  white  and  colored  passengers* 

1917B,  544. 
Requiring     sheriff    in     charge     of     colored 

prisoner   to  ride  in  car  set  apart  for 

colored  passengers.     1916E,  278. 
Liability  of  carrier  for  act  of  policeman  in 

expelling  negro  passenger  from  station. 

1916E,  1107. 


NEPHEWS  AND  NIECES. 

Meaning  of  words  "nieces  and  nephews"  in 

will.    1916F,  787. 
Aunt's  insurable  interest  in  life  of  nephew. 

1916F,  457. 


NERVOUS  SHOCK. 

Damages  for,  see  DAMAGES;  FRIGHT. 

4  «  » 

NET   EARNINGS. 

What  are.     1917A,  1068. 


310 


NEWLY  DISCOVERED  EVIDENCE— NEW  TRIAL. 


NEWLY    DISCOVERED    EVIDENCE. 

Annotation. 

As  ground  for  opening  decree  of  di- 
vorce. 1917B,  466. 

New  trial  for.  1915B,  243;  1915C,  302; 
1915F,  797;  1916B,  745,  1132;  1916C, 
566,  1152,  1155;  1916D,  519;  1916F, 
1044,  1251;  1917D,  571;  1917F,  1043. 


NEW  PROMISE. 

To   interrupt    running    of    limitations,    see 
LIMITATION  OF  ACTIONS. 


NEWSBOY. 

Liability  of  landlord  for  injury  to  newsboy 
calling  on  tenant.    1916F,  1110. 


NEWSPAPERS. 

As  to  right  of  free  speech,  see  CONSTITU- 
TIONAL LAW. 

Contempt  by,  see  CONTEMPT. 
Libel  by,  see  LIBEL  AND  SLANDER. 

Publication  of,  on  Sunday.    1916C,  1148. 

Right  of  governor  to  suppress  newspaper 
during  existence  of  martial  law. 
1915A,  175. 

Forbidding  circulation  of  newspapers  con- 
taining advertisements  of  intoxicating 
liquors.  1915E,  640. 

Injunction  against  publication  in.  1917A, 
160. 

Admissibility  in  evidence.  1915C,  690; 
1917D,  855. 

New  trial  because  false  newspaper  state- 
ment is  allowed  to  come  to  knowledge 
of  jury.  1917D,  921. 


NEW    TRIAL. 

In  general;  as  matter  of  right. 
For  errors  of  the  court. 
For  matters  pertaining  to  jury  or  ver- 
dict. 

—  in  general. 

—  erroneous  verdict. 

—  selection  and  qualification  of,  or 

influence  upon,  jurors. 

—  misconduct     or     separation      of 

jurors. 

New  evidence;  surprise. 
Practice;  procedure. 

—  in  general;  time. 

—  evidence;   affidavits. 

—  granting   new   trial   of   some   is- 

sues only. 


In  general;  as  matter  of  right. 

Review  of  discretion  as  to,,  on  appeal,  see 

APPEAL  AND  ERROB. 
Grounds   for,   on   appeal,   see   APPEAL  AND 

ERROR. 

Effect  of  appeal  from  judgment  refusing 
second  new  trial  to  bring  up  for  review 
order  granting  the  first  new  trial. 
1915D,  621. 

Distinction  between  principles  that  control 
direction  of  verdict  and  grant  of  new 
trial.  1917E,  715. 

Raising  questions  for  review  on  appeal  by 
motion  for.  1915A,  120;  1915F,  922; 
1916A,  1240;  1917A,  1194. 

Right  of  one  who  has  appealed  from  order 
granting,  to  dismiss  appeal  and  proceed 
with  new  trial.  1917A,  111. 

When  issue  of  fact  which  may  be  re-exam- 
ined upon  new  trial  arises.  1917B, 
1296. 

Grant  of  new  trial  as  to  one  defendant  and 
refusal  as  to  another.  1915D,  1116. 

Waiver  of  error  giving  right  to.  1915D, 
1077. 

On  ground  of  lack  of  jurisdiction  in  the 
trial  judge.  1916E,  830. 

Recantation  by  state's  witnesses  in  murder 
case.  1916F,  1044. 

Loss  of  case  made  in  mails  resulting  in  fail- 
ure to  file  it  within  time  required  by 
statute.  1917B,  1073. 

For  errors  of  the  court. 

Annotations.  , 

Admonishing  or  warning  witness  "by 
judge  in  criminal  case  as  ground 
for  new  trial.  1917E,  859. 

Delegation  of  power  to  receive  verdict 
in  criminal  case.  1917E,  1O9O. 

Necessity  of  granting  new  trial  after  erro- 
neously denying  motion  for  peremptory 
instruction.  1916D,  514. 

Admission  of  evidence.     1915D,  1116. 

As  to  instruction.     1916A,  943. 

Withdrawal  of  question  from  jury.  191 5D, 
968. 

In  permitting  jury  returning  sealed  verdict 
to  return  to  jury  room  and  correct  ver- 
dict by  inserting  amount  of  recovery. 
1916C,  1134. 

Act  of  court  in  returning  written  answer  to 
written  question  sent  by  jury  which 
has  retired,  while  judge  was  waiting  in 
lobby  to  receive  the  verdict,  without  re- 
quiring attendance  in  court  of  parties 
and  their  counsel.  1915D,  719. 

For  matters  pertaining  to  jury  or  ver- 
dict. 

—  in   general. 

Annotation. 

For  failure  to  swear  jury.    1917D,  399. 

In  permitting  jury  returning  sealed  verdict 
to  return  to  jury  room  and  correct  ver- 
dict by  inserting  amount  of  recovery. 
1916C*  1134. 


NEW  TRIAL— NOMINATIONS. 


311 


Act  of  court  in  returning  written  answer  to  |  Right  to  open  divorce  decree  to  ascertain 


written  question  sent  by  j'iry  which  has 
retired,  while  judge  was  waiting  in  the 
lobby  of  the  court  to  receive  the  verdict, 
without  requiring  attendance  in  the 
court  of  the  parties  and  their  counsel. 
1915D,  719. 

—  erroneous  verdict. 

Affidavit  of  juror  to  support  verdict. 
1915D,  569. 

Theory  that  jury  in  negligence  case  was  re- 
quired to  frame  a  measure  of  care  to  be 
exercised  by  defendant  and  determine 
whether  or  not  he  performed  his  duty 
so  that  its  decision  cannot  be  disturbed 
by  the  court.  1916D,  1179. 

Insufficiency  of  evidence  to  sustain  verdict. 
1915B,  140;  1917B,  316. 

—  selection  and  qualification  of,  or  in- 

fluence upon,  jurors. 

Annotation. 

Attack,  out  of  court  in  presence  of  jury- 
men upon  credibility  of  witness  as 
ground  for  new  trial.  1917B,  248. 

Bias  of  juror.     1917B,  246. 

Statement  by  relative  of  plaintiff  in  hear- 
ing of  juror  that  material  witnesses  for 
defendant  had  lied.  1917B,  246. 

Permitting  a  false  newspaper  statement  in 
regard  to  one  on  trial  for  murder  to 
come  to  knowledge  of  jury.  1917D, 
921. 

•—  misconduct  or  separation  of  jurors. 

Act  of  juror  in  bringing  to  the  attention 
of  the  others  fact  that  accused  had 
been  convicted  and  sentenced  on  a 
former  trial.  1917E,  930. 

Use  of  intoxicating  liquors.  1915C,  302; 
1917F,  210. 

Surreptitious  view  by  jury.    1915B,  702. 

New  evidence;  surprise. 

Newly  discovered  evidence.  1915B,  243; 
1915C,  302;  1915F,  797;  1916B,  745, 
1132;  1916C,  566,  1152,  1155;  1916D, 
519;  1916F,  10*4,  1251;  1917D,  571; 
1917E,  668;  1917F,  1043. 

Surprise.    1916E,  100. 

Practice;  procedure. 

—  in  general;  time. 

Affidavit     of     juror     to     support     verdict. 

1915D,  569. 
Time.     1915D,  817;  1915E,  6~18. 

—  evidence;  affidavits. 

Failure  to  support  by  affidavit  facts  urged 
as  ground  for  new  trial.  1915F,  922. 

Libel  by  statement  in  affidavit  supporting 
motion  for  new  trial.  1915C,  986. 

—  granting   new   trial    of   some    issues 

only. 

•On  appeal.    1915E,  239;  1915F,  723;  1916C, 

1183. 
Awarding  new  trial  upon  the  question  of 

damages  only.     1915E,  239. 


i(f  it  was  procured  by  perjured  testi- 
mony without  retrying  the  whole  case. 
1917F,  974. 


NEXT  FRIEND. 

Right  of  incompetent  to  prosecute  action  by. 
1917A,  299. 


NEXT   OF  KIN. 

Disinheritance  of,  see  WILLS. 


NIECE. 

See  NEPHEWS  AND  NIECES. 


NISI  PRIUS. 

Reversal  of  jtidgment  of  appellate  court  in 
which  action  was  tried  de  novo  because 
of  errors  of  nisi  prius  court.  1916B, 
1117. 


NITROGLYCERIN. 


Annotation. 
Keeping     of,     on 
19  1TIC,  278. 


insured     premises. 


NOISE. 

Fright  of  horse  by,  at  railroad  crossing,  see 
RAILROADS. 

Liability  of  railroad  company  to  abutting 
owner  for  noise  not  amounting  to  a  nui- 
sance. 1917C,  346. 

As  element  of  damages  in  condemnation  pro- 
ceedings. 1916A,  1079;  1916E,  420. 


NOMINAL  DAMAGE. 

Demanding  for  first  time  on  appeal.  1915F, 
888. 

For  breach  of  contract  by  broker.  1917C, 
737. 

For  breach  of  covenant.     1915D,  898. 

For  deprivation  of  riparian  owner  of  right 
to  divert  water  and  use  it  in  such  a 
manner  that  it  becomes  polluted  and 
unfit  to  return  to  stream.  1917F,  1146. 


NOMINATIONS. 

To  office,  see  ELECTIONS. 


312 


NONCLAIMS— NOTICE. 


NONCLAIMS. 

Time  to  present  claim  against  decedent's  es- 
.  tate.    1915B,  797;  1915D,  754. 


NONINTOXICATING  LIQUORS. 

Annotation. 

Validity  of  license  tax  on  sale  of,   as 
affected  by  amount.     1917C,   463. 

As    within    prohibition    of    sale    of    liquor. 

1917B,  962. 
Right  to  prohibit  sale  of.     1917B,  962. 


NON   OBSTANTE   VEREDICTO. 

See  JUDGMENT. 


NONRESIDENTS. 

Attachment  against,  see  ATTACHMENT. 
Unconstitutional  discrimination  against,  see 

CONSTITUTIONAL  LAW. 
Foreign  corporations,  see  COBPOEATIONS. 
Jurisdiction  over,  generally,  see  COURTS. 
Jurisdiction  of  divorce  suit  by  or  against, 

see  DIVORCE  AND  SEPARATION. 
Tax  on  property  of,  see  TAXES. 
Service  on,  see  WRIT  AND  PROCESS. 

Annotations. 

Liability  to  pay  transfer  or  inheritance 
tax  in  respect  of  stock,  in  a  domestic 
corporation  belonging  to  estate  of 
nonresident.  1917F,  27O. 

Power  to  grant  alimony  in  a  divorce 
proceeding  case  without  personal 
service  of  process.  1917  F,  1161. 

Tax  on  property  of,  generally.     1915C,  922, 

929. 
Transfer  tax  on  property  of.     1917D,  281; 

1917F,  267,  273. 
Refusing  to,  license  to  sell  lightning  rods. 

191  7C,  528. 
Right  of  sheriff  to  appoint  nonresident  as 

deputy.    191  6B,  897. 
Collateral     attack     on     judgment     against. 

1917B,  395;  1917C,  171. 
Service  on,  generally.     1915B,  881. 
Personal     judgment     against     nonresident 

served    by    publication    only.      1917F, 

458. 
Exemption  from  service  of  process  of  non- 

resident temporarily  in  state.     1915A, 

694;  1916E,  1170. 
Xe  exeat  to  prevent  removal  of  property  by, 

from  state.    1916C,  403. 
Right  of,  to  exemptions.     1915A,  396,  421. 
Running  of  limitations  in  favor  of.     1915C, 

544. 


NOTARY. 

Eligibility  of  woman.     1915F,  898. 

Power  of  legislature  to  authorize  appoint- 
ment of  woman  as.  1917D,  286. 

Presumption  as  to  power  of  notary  of  other 
state.  1916A,  1167. 


NOTES. 

In  general,  see  BILLS  AND  NOTES. 

Admissibility  in  evidence  of  notes  exchanged 
between  the  United  States  and  Ger- 
many, after  publication  in  newspaper. 
1917D,  855. 


NOTICE. 

In  general. 
Imputed. 

—  in  general. 

—  by  knowledge  of  agent  or  repre- 

sentative. 

—  by  possession  or  servitude. 


In  general. 

Of  appeal,  see  APPEAL  AND  ERROR. 

Of   nonpayment    of    note,    see    BILLS    AND- 

NOTES. 
Of  rights  of  third  person  in  note  taken  by 

assignment,  see  BILLS  AND  NOTES. 
Of   injury   to    property   shipped,   see   CAR- 

RIERS. 

Relevancy  of  evidence  as  to,  see  EVIDENCE. 
Allegation  as  to,  in  indictment,  see  INDICT- 

MENT, ETC. 

Of  loss  by  insured,  see  INSURANCE. 
Effect  of,  on  servant's  assumption  of  risk,. 

see  MASTER  AND  SERVANT. 
Of  claim  against  city,  see  MUNICIPAL  COR- 

PORATIONS. 
Record    as,    see    RECORDS    AND    RECORDING 

XiAWS. 

To  creditors  of  debtor  selling  stock  of  goods 

in  bulk,  see  SALE. 

Of  contents  of  telegram,   see  TELEGRAPHS. 
Sufficiency   of,    to    confer    jurisdiction,    see 

WRIT  AND  PROCESS. 


Of  injury  and  claim  for  compensation 
under  Workmen's  Compensation 
Act.  1917D,  135. 

Knowledge  or  intent  as  element  of  the 
offense  of  using  or  giving  false 
weight  or  measure.  1917D,  1129. 

As  element  of  crime.     1916D,  262;   1916F, 

735;  1917D,  944;  1917F,  469. 
Parol  evidence  of  mailing  of.     1917C,  416. 
Sufficiency  of  evidence  to  show.    1916E,  298; 

1917E,  250. 
Mailing  of,  within  time  limited  in  contract 

as    satisfying    requirement    of    notice. 

1915B,  181,  1114. 


NOTICE. 


313 


Presumption  of  receipt  of  notice  sent 
through  mails.  1917C,  416. 

Sufficiency  of  compliance  with  statute  pro- 
viding for  notice  but  not  prescribing 
manner  of  service.  19]  7D,  71. 

As  condition  precedent  to  right  of  action. 
1917C,  879. 

Necessity  of,  in  injunction  suit:  1915A, 
606. 

Necessity  of,  to  constitute  due  process. 
1915B,  1149;  1915F,  541,  548,  894; 
1916B,  1193;  1916E,  1;  1916F,  910; 
1917A,  1185;  1917C,  574;  1917D,  365, 
926;  1917F,  458,  1159. 

Necessity  of  notice  of  forfeiture  before  com- 
mencing action  for  breach  of  condition 
subsequent.  1917C,  879. 

Necessity  of,  before  dismissal  of  school- 
teacher. 1916C,  789. 

Necessity  of  notice  of  reward  offered  by  gov- 
ernment to  entitle  one  who  complies 
with  its  terms  to  claim  it.  1916A, 
1276. 

Binding  effect  of  compromise  on  party  who 
acted  without  full  knowledge  of  the 
facts.  1917D,  847. 

That  Workmen's  Compensation  Act  is  not 
to  apply  in  certain  case.  1917D,  71. 

Statute  as  to  recording  notice  of  redemption 
from  mortgage.  1915D,  349. 

Requiring  purchaser  on  foreclosure  to  noti- 
fy person  having  right  to  redeem  be- 
fore taking  his  deed.  1915C,  414. 

In  eminent  domain  proceedings.  1916B, 
1193. 

Of  designations  of  additional  terms  of 
court.  1915B,  103. 

Of  meetings  of  board  of  equalization. 
1916E,  1. 

Of  judicial  sale,  generally.    1916E,  1140. 

Of  tax  sale.     1915C,  158,  690. 

Of  foreclosure  sale.    1915B,  640. 

Of  postponement  of  mortgage  sale.  1915B, 
640. 

Of  appointment  of  receiver.    1915A,  606. 

Of  limitation  upon  powers  of  municipality. 
1915D,  978. 

Of  mining  claim.    1915A,  1113. 

Of  abandonment  of  option  contract.  1915B, 
181. 

Of  tenant's  intention  to  exercise  option  to 
purchase  given  by  lease.  1916F,  352. 

Of  tenant's  intention  to  quit.     1915A,  235. 

Of  intention  to  renew  lease.     1916E,  1227. 

Of  assignment  to  garnishee.     1916D,  361. 

Of  acceptance  of  guaranty.     1917D,  402. 

Of  local  improvement  assessment.  1917D, 
365. 

Of  nuisance  as  condition  of  liability. 
1916D,  426;  1917B,  1245. 

Of  arrival  of  property  shipped.  1917C, 
416;  1917D,  916. 

Of  motion.     1917D,  1049. 

Of  primary  election  contest.     1917B,  723. 

Of  owner,  of  vicious  propensities  of  dog. 
1915E,  372;  1916C,  344;  1916D,  1032. 

Of  retirement  of  partner  from  firm.  1915B, 
418;  1915F,  711. 

Of  breach  of  shop  rule  by  employees.  1915F, 
558. 

To  attorney  before  disbarment.  1915D, 
1218. 


To  municipality  of  existence  of  nuisance. 
1916D,  426. 

To  mortgagee  of  cancelation  of  insurance 
policy.  193  5C,  758. 

To  insurance  company,  estoppel  by.  191 5F, 
759;  1916A,  979;  1916B,  901;  1917D, 
1174;  1917E,  983;  1917F,  663. 

To  insurance  company  before  sale  of  goods 
injured  by  fire.  1917A,  1078. 

To  master  of  injury  to  servant.  1915E,  519; 
1915F,  551;  1917A,  76. 

To  purchaser  by  seller  of  time  when  goods 
will  be  delivered.  1917A,  1157. 

To  consignor  of  consignee's  refusal  to  ac- 
cept goods  and  pay  freight.  1917C, 
1124. 

To  shippers  and  travelers,  of  carrier's 
tariff  named  in  filed  schedule.  1917B, 
787. 

To  principal  of  possibility  that  purchasing 
agent  will  offer  exorbitant  price. 
1917E,  788. 

To  bank  on  which  check  is  drawn  of  intend- 
ed misappropriation  of  funds.  1915B, 
715. 

To  bank  of  by-law  of  corporate  depositor. 
1915B,  715. 

To  purchaser  of  deficiency  in  quantity  of 
land.  1916C,  403. 

To  creditors  of  claim  against  receiver  for 
attorney's  fees.  1915F,  1219. 

Sufficiency  of  exorbitant  price  offered  by 
purchasing  agent  to  put  on  inquiry  as 
to  his  authority  person  selling  to  him. 
1917E,  788. 

Certification  before  maturity  of  postdated 
check  as  notice  that  certification  was 
beyond  the  authority  of  the  officer  mak- 
ing it.  1917F,  1096. 

Charging  director  of  corporation  with 
knowledge  of  everything  it  is  his  duty 
to  know  concerning  commercial  parx^ 
which  he  undertakes  to  sell.  1915D, 
1099. 

Imputed. 

—  in  general. 

Imputing  to  officer  of  corporation  knowl- 
edge of  the  corporation.  1915D,  1099. 

Imputing  to  directors  knowledge  of  finan- 
cial condition  and  transactions  of  cor- 
poration. 1917D,  402. 

—  by  knowledge  of  agent  or  represent- 

ative. 

Of  officer  or  agent  of  corporation  generally. 

1915F,  1203;   1916C,  767;   1916F,  822; 

1917E,  516;   1917F,  300,  453. 
Notice    to    foreman    as    notice    to    master. 

1916F,  1237. 
Knowledge  of  person   in  charge  of  powder 

house   that   boys   were   collecting   cans 

containing   small    amounts   of   powder, 

as  imputable  to  his  employer.     1917A, 

1290. 
Imputing  to  client  knowledge  of  attorney. 

1916D,  7. 
Of  agent's  own  wrong.     1915B,  815;   1091; 

1916C,  1101;  1917A,  519;  1917F,  303. 


314 


NOTICE— NUISANCES. 


—  by  possession  or  servitude. 

Notice    to    mortgagee    from    possession    of 
land.     1916B,  1063. 


NOVATION. 

Effect  of  renewal  of  bank  deposit  certificate 
as  a  novation  of  the  original  indebted- 
ness. 191 5B,  168. 

Effect  of  renewal  of  certificate  of  deposit  to 
work  a  novation.  1916B,  168. 

Of  contract  for  support.    1915B,  1. 

Of  contract  for  purchase  of  automobile. 
1916C,  443. 

When  limitations  begin  to  run  against 
rights  under  novation  contract.  1915B, 
1. 


NUISANCES. 

In  general. 
What  are. 

Remedies. 

—  in  general;  who  may  have. 

—  who  liable. 

—  abatement. 

—  defenses. 
Criminal  liability. 


In  general. 

Municipal  regulations  as  to,  see  MUNICIPAL 

CORPORATIONS. 

Annotation. 

Liability  of  private  person  for  dam- 
ages to  property  in  abating  a  nui- 
sance. 1917C,  104:2. 

Liability  of  citizens  seeking  to  close  store 
as  a  nuisance.  1916D,  391. 

"What  are. 

Place  where  intoxicating  liquors  are  kept  or 

sold  as,  see  INTOXICATING  LIQUORS. 
City's   power   to   declare  what  constitutes, 

see  MUNICIPAL  CORPORATIONS. 

innovations. 

Operation  of  mine  as  a  nuisance. 
1917B,  313. 

Obstruction  in  highway  preventing  ac- 
cess to  property  except  by  a  cir- 
cuitous route  as  a  special  injury 
entitling  owner  to  maintain  action 
for  damages  or  for  abatement  of 
the  nuisance.  1917A,  1155. 

Keeping  of  pigs  as  nuisance.  1917C, 
212. 

Garage  as  a  nuisance.     1917  E,  369. 

Sufficiency  of  evidence  as  to.    1915B,  415. 

Power  of  legislature  to  declare  what  con- 
stitutes. 1917F,  1076. 

Statutory  declaration  as  to  nuisance. 
3917E,  383. 


Obstruction   of   streets    as   nuisance;    what 

constitutes.     1917E,  383. 
Living  together  of  man  and  woman  publicly 

known  not  to  be  married  to  each  other. 

1916C,  651. 

Division  fence.    1916E,  870. 
Explosives.        1915A,     615;      1915E,     430; 

1916B,  716. 

Pollution  of  water.     1917F,  1146. 
Operation  of  coal  mine.     1917B,  310. 
Keeping  of  pigs.     1917C,  211. 
Garbage  as  a  nuisance.    1917E,  1163. 
Barn   used  as  livery   and  garage.     1917E, 

366. 

Remedies. 

—  in  general;  who  may  have. 

Measure  of  damages  for,  see  DAMAGES. 

Annotation."*. 

Statute  empowering  or  requiring  public 
or  local  authorities  to  maintain 
suit  to  abate  public  nuisance  as  af- 
fecting the  right  of  an  indirUlual 
peculiarly  affected  to  maintain  the 
suit.  1917E,  1OO9. 

Interference  with  pleasurable  use  of 
stream  as  causing  special  damage 
or  peculiar  injury  which  will  sus- 
tain an  action  by  a  private  in- 
dividual for  nuisance.  1917F, 
208. 

Evidence  in  rebuttal  in  action  for.     1915C, 

747. 
When  statute  of  limitations  begins  to  run. 

1916E,  960. 
Failure  to  call  witness  in  action  to  enjoin. 

1917B,  310. 

Power  of  legislature  as  to.     1917F,  1076. 
Right  of  municipalitv  to  maintain  suit  to 

abate.     1916B,  1016. 
Right  of  prosecuting  attorney  to  file  bill  to 

abate  nuisance.     191 5E,  408. 
Effect  on  private  right  of  action  of  statute 

empowering   public    prosecutors    to    in- 
stitute  civil    action    for    abatement    of 

public  nuisance.    1917E,  1007. 
Effect  of  fact  that  expense  of  suit  filed  by 

attorney-general  is  paid  by  private  re- 

lators.     1915A,  615. 
Effect  of  statutory  authority  on  nature  of 

remedy     for     injury     from     nuisance. 

1917B,  329. 
Estoppel    to    complain    of.       1916C,     939; 

1916E,  990. 
Right  to  enjoin  mining  of  coal  under  school 

building   where   title   to    property    was 

taken  with  reservation  of  right  to*  mine. 

1917E,  G72. 
Special    injurv    in    general.    1916B,    1143; 

1916C,  1260;  1916D,  358;  191 7A,  11 50; 

1917B,  310;    1917E,   1007;    1917F,   206. 
Right    of    person    who    purchases    property 

subsequent    to    erection     of     structure 

causing    nuisance.       1916E,    966,    977, 

983. 
Successive  suits  for.     1916E,  958,  962,  983, 

990;   1917F,  475. 
Depreciation  of  property  because  of,  as   a 

taking  for  which  compensation  must  be 

made.    1915C,  747. 


NUISANCES— OBJECTION  S. 


315 


Hight  to  recover  for  consequential  injuries 
caused  by  structure  properly  located 
and  operated  but  which  constitutes  a 
private  nuisance.  1917D,  317. 

—  who  liable. 

Liability  of  one  aiding  and  abetting  a  nui- 
sance. 1917F,  621. 

Notice  of  nuisance  as  condition  of  liabil- 
ity. 1916D,  426;  1917B,  1245. 

Liability  of  municipality  for.  1915C,  747, 
751;  1915F,  568;  1917C,  1046;  1917D, 
914;  1917F,  475. 

Landlord's  liability  for.  1915B,  364;  1915F, 
703. 

Liability  of  members  of  executive  com- 
mittee of  state  board  of  agriculture. 
1916F,  578. 

Liability  of  executory  vendor  for  use  of 
property  as  house  of  ill  fame.  1916F, 
325. 

Liability  of  receiver  for  nuisance  existing 
at  time  he  takes  possession.  1916F, 
1018,  1021. 

—  abatement. 

Municipal  abatement  of  nuisance,  generally, 
see  MUNICIPAL  CORPORATIONS. 

Annotation. 

Liability  of  private  person  for  damages 

to    property    in    abating    nuisance. 

1917C,    104:2. 

Condition  precedent  to  injunction  suit 
against  municipality.  '  1916D,  426. 

Effect  of  laches.     1915A,  615. 

Jurisdiction  of  application  for  injunction. 
1917F,  1076. 

Right  of  prosecuting  attorney  to  file  bill  to 
abate  nuisance.  1915E,  408. 

Right  of  municipality  to  maintain  suit  for 
abatement.  1916D,  1016. 

Liability  of  city  for  acts  of  its  officers  in 
abating  nuisance.  1915B,  415. 

Equitable  remedies  in  general.  1915A,  615; 
1915E,  408;  1916C,  1260;  1916D,  426; 
1916F,  1001;  1917A,  524;  1917D,  1023. 

Duty  of  railroad  company  removing  cot- 
tage washed  upon  its  tracks  by  flood 
to  restore  it  to  the  lot  of  its  owner. 
1917C,  1038. 

Destruction  of  property.  1915B,  415; 
1917C,  1038;  1917F,  1096. 

—  defenses. 

Power    oif    Congress    to    confer    immunity. 

1915A,  887. 
Legislative  authority.     1915A,  615;   1915B, 

1207;  191 6C,  1260;  1917B,  329;  1917C, 

1046;  1917D,  317 

Criminal  liability. 

Liability  of  members  of  executive  committee 
of  state  board  of  agriculture.  1916F, 
578. 

Indictment  of  railroad  company  for  main- 
tenance of  nuisance  resulting  from 
change  by  municipality  of  grade  of 
street  passing  under  trestle.  1915B, 
766. 


Criminal  prosecution  by  state  against  garb- 
age company  operating  its  plant  under 
contract  with  municipality,  authorized 
by  legislature.  1915B,  1207. 


NUNC  PRO  TUNC. 

Right  to  file  nunc  pro  tune  amended  dec- 
laration tendered  after  lapse  of  time 
allowed  for  filing.  1917D,  652. 

Entering  of  judgment  nunc  pro  tune. 
1917F,  1. 


NUNCUPATIVE  WILL. 

See  WILLS. 


NURSE. 

• 
Recovery  for  expense  of,  under  Workmen's 

Compensation  Act.     1916A,  1. 
Expenses    for    nurse's    hire    as    element    of 

damages  for  personal  injuries.     191 5F, 

992. 
Opinion  evidence  as  to  charges  of.     1915F, 

992. 
Liability    for    negligence   of.      1915D,    334, 

1167. 


OATH. 

Verification   of   pleading,    see   PLEADING. 

Annotation. 

Effect  of  failure  to  swear  jury.  1917D, 
399. 

Conviction  for  false  swearing  notwithstand- 
ing defendant  did  not  know  his  state- 
ment to  be  untrue.  1916B,  848. 

Failure   to   swear   jurors.      1917D,   391. 

Sufficiency  of  oath  administered  to  jurors. 
1917D,  391. 

Reswearing  of  jury  after  discharge  of  one 
juror  thereof.  1916E,  1264. 

Verification  of  information.  1915B,  505, 
651;  1917C,  610. 

Verification  of  information  in  contempt 
proceeding.  1917C,  845. 

Verification  of  facts  stated  in  application 
for  mandamus.  1915F,  1033. 

Verification  of  claim  against  municipality. 
191 6D,  1079. 

Requiring  voters  in  primary  election  to 
state  on  oath  his  party  affiliations. 
1917B,  723. 


OBJECTIONS. 

To   raise   question   on   appeal,   see   APPEAL 

AND  ERROR. 

To  deposition,  see  DEPOSITIONS. 
In  general, 'see  TEIAL.   • 


316 


OBSCENITY— OFFICERS. 


OBSCENITY. 

Effect  of  good  intent  in  use  of  obscene  lan- 
guage on  liability  therefor.  1916B, 
1117. 


OBSTRUCTING  JUSTICE. 

By   inciting   institution    of   fictitious    suit. 

1915B,  689. 
Removal   by  corporation  of  its   books  and 

papers   from   jurisdiction   of    court   to 

avoid    producing    them    before    grand 

jury.     1915B,  913. 


OBSTRUCTION. 

Of  highway,  see  HIGHWAYS. 
Of  justice,  see  OBSTRUCTING  JUSTICE. 
Of  water  generally,  see  WATERS. 
Of  Surface  water,  see  WATERS. 

Of  navigation  by  drawbridge.    1915F,  1062. 


OCCUPANCY. 

Of  insured  premises.     1915B,  844. 


OCCUPATION. 

Of  insured,  see  INSURANCE. 
Tax  on,  see  LICENSE. 


OCCUPATIONAL  DISEASE. 

Annotation. 

Recovery  under  Workmen's  Compensa- 
tion Act  for  incapacity  resulting 
from.  1917D,  113. 

Recovery  for,  under  Workmen's  Compensa- 
tion Act.  1916A,  283;  1916B,  1277; 
1916E,  510. 

4  «  » 


OCCUPATION  TAX. 

See  LICENSE. 


OCULISTS. 

Annotation. 

Application   to,    of  statutes  regulating 

the  practice  of  medicine.     1917C, 

826. 


ODOR. 

Depreciation  of  property  by.     1917C,  1046; 

1917F,  475. 

i  Spreading  of,  as  a  taking  or  damaging  of 
property  for  which  compensation  must 
be  made.  1917D,  683. 


"»•» 


OFFER. 

In  general,  see  CONTRACTS. 

4  •  » 


OFFICERS. 

In  general. 

Eligibility  generally. 

Holding  other  office. 

Appointment  and  election. 

Qualifying;  induction;  vacancy. 

Term;  holding  over. 

Resignation   or    deprivation   of   office. 

—  resignation. 

—  abolishing  office. 

—  removal  or  suspension. 
Contest  of  title. 

Rights;  powers;  duties;  liabilities. 

—  in  general. 

—  compensation   and   fees. 

—  liabilities. 


In  general. 

Taking  of  acknowledgment  by,  see  AC- 
KNOWLEDGMENT. 

Arrest  by,  see  ARREST. 

Of  bank,  see  BANKS. 

Bonds  of,  see  BONDS. 

As  to  civil  service,  see  CIVIL  SERVICE. 

Of  corporation,  see  CORPORATIONS. 

Validity  of  contracts  of  officers  or  affecting 
official  action,  see  CONTRACTS. 

Consuls,  see  DIPLOMATIC  AND  CONSULAR 
OFFICERS. 

Nomination  to  office,  see  ELECTIONS. 

Presumption  and  burden  of  proof  as  to  acts 
of,  see  EVIDENCE. 

As  to  health  officers,  see  HEALTH. 

Injunction  against,  see  INJUNCTION. 

Of  insurance  company,  see  INSURANCE. 

As  to  judges,  see  JUDGES. 

As  to  justices  of  the  peace,  see  JUSTICE  OF 
THE  PEACE. 

As  to  legislature,  see  LEGISLATURE. 

Libel  of,  see  LIBEL  AND  SLANDER. 

Mandamus  to,  see  MANDAMUS. 

Municipal  liability  for  acts  of,  see  MUNIC- 
IPAL CORPORATIONS. 

Notaries  public,  see  NOTARY. 

Private  action  against,  to  enforce  public 
right,  see  PARTIES. 

As  to  receivers,  see  RECEIVERS. 

Of  church,  see  RELIGIOUS  SOCIETIES. 

Of  schools,  see  SCHOOLS. 

Illegal  seizure  by,  see  SEARCH  AND  SEIZURE. 

As  to  tax  officers  generally,  see  TAXES. 


OFFICERS. 


317 


Annotations. 

JPublic  officer  as  an  "employee"  \vithin 
meaning  of  Workmen's  Compensa- 
tion Act.  1917D,  146. 

Expenses  incurred  by  public  officials  or 
employees  in  attending  conventions, 
etc.,  as  a  proper  charge  on  public 
funds.  1917E,  332. 

•Conversion  by  bank  lending  draft  to  public 
officer  to  cover  shortage,  in  receiving  it 
back  for  cancelation.  1916C,  544. 

Assault  on.     191 6B,  955. 

Duty  to  officer  permitted  to  enter  train  to 
arrest  a  person  to  give  him  time  to 
make  arrest  and  alight  in  safety. 
1917D,  980. 

.  Proceeding  to  compel  auditor  to  issue  war- 
rants for  statutory  allowances  to  state 
officers.  1915E,  858. 

Effect  on  suit  to  compel  county  officer  to 
perform  statutory  duties,  of  repeal 
pending  suit  of  statute  inposing  duties. 
1915A,  639. 

Legislative  control  over  municipal  officers. 
1917A,  1244. 

Power  of  legislature  to  authorize  munic- 
ipality to  create  and  abolish  its  own 
municipal  offices  and  to  define  the 
powers  and  duties  of  the  incumbents. 
1916D,  913. 

Necessity  of  uniformity  in  the  character 
and  number  of  municipal  officers. 
1916D,  913. 

Vested  right  in  office.     1917A,  1244. 

Farming  of  public  office.     1916E,  618. 

Eligibility  generally. 

Presumption  as  to  qualifications  of  officers. 

1917A,  1244. 
Eight  of  officer  ousted  for  certain  offenses 

to  enter  upon  succeeding  term  to  which 

he  had  previously  been  elected.    1916D, 

951.     . 
Eligibility  of  women.     1915F,  898. 

Holding  other  office. 

Annotations. 

Incompatibility  of  offices  at  comiuon 
law.  19 17 A,  216. 

Offices  within  constitutional  or  statu- 
tory provisions  against  holding  two 
offices.  1917 A,  231. 

Mail  carrier  as  public  officer  within  statute 
imposing  penalty  upon  officer  who 
undertakes  to  hold  any  other  office. 
1917A,  228. 

Incompatibility  of  offices  of  member  of 
board  of  education  and  the  clerk  there- 
of. 1917D,  210. 

Vacation  of  office  by  acceptance  of  incom- 
patible office.  1917D,  210. 

Appointment  and  election. 

Power  of  legislature  to  prescribe  manner  of 
choosing  municipal  officers.  1917A, 
1244. 

Delegation  to  municipality  of  power  as  to. 
1916D,  913. 


Appointment  or  election  of  assessor  of  in- 
comes. 1915B,  569. 

Qualifying;  induction;  vacancy. 

Vacancy;  what  constitutes.  1915E,  401; 
1917A,  211. 

Term;  holding  over. 

Partial  invalidity  of  statute  as  to.     1915C, 

378. 
Delegation  to  municipality  of  power  as  to. 

1916D,  913. 
When  term  begins  to  run  where  no  time  is 

fixed  by  law.    1915E,  401. 

Resignation  or  deprivation  of  office. 

—  resignation. 

Annotation. 

Right  to  repudiate  or  withdraw  resig- 
nation. 1917F,  547. 

Presumption  that  officers  acted  in  accord- 
ance with  law  in  accepting  resignation. 
1917F,  545. 

Validity  of  undated  resignations  placed  in 
hands  of  an  appointing  power  by  per- 
sons about  to  be  appointed  to  office. 
1915E,  401;  1917F,  545. 

—  abolishing  office. 

Power  of  legislature  to  abolish  municipal 

office.     1917A,  1244. 
Delegation  to  municipality  of  power  as  to. 

1916D,  913. 

—  removal  or  suspension. 

Recall  of  officers,  see  INITIATIVE,  REFEREN- 
DUM AND  RECALL. 
Removal  of  school  teacher,  see  SCHOOLS. 

Review  of  discretion  as  to  severance  in  pro- 
ceedings to  oust  several  incumbents. 
1916D,  1090. 

Effect  of  appeal  or  supersedeas  bond  to  sus- 
pend judgment  ousting  persons  from 
office.  1915E,  401. 

Disqualification  of  judge  to  sit  in  proceed- 
ing to  oust  officer.  1916D,  1090. 

Right  to  jury  trial  in  proceeding  to  oust. 
1916D,  1090. 

Retroactive  effect  of  statute  providing  for 
ouster.  1916D,  1000. 

Power  of  court  in  proceeding  to  oust  officer 
to  determine  as  to  the  right  to  elect 
his  successor.  1916D,  1090. 

Admissibility  of  oral  evidence  in  proceeding 
to  oust  officer.  1916D,  1090. 

Power  of  legislature  to  provide  for  ouster 
for  malfeasance  in  office.  1916D,  951. 

Effect  on  statutory  provision  for  ouster  of 
officers  of  subsequent  statute  providing 
for  recall.  191 6D,  1090. 

Power  to  remove  one  whose  office  has  be- 
come vacant  bv  acceptance  of  incom- 
patible office.  191 7D,  210. 

Removal  of  mayor  for  refusal  to  execute 
state  prohibitory  liquor  law  although 
his  constituents  do  not  want  the  law 
enforced.  1916D,  1090. 

Removal  for  offienses  committed  during 
prior  term.  1916D,  1090. 


318 


OFFICERS— OMNIBUS. 


Contest  of  title. 

Mandamus  to  determine  title  to  office,  see 
MANDAMUS. 

Rights;  powers;  duties;  liabilities. 

—  in'  general. 

Validity  of  contracts  of,  see  CONTRACTS. 
Power  of  municipal  officers,  see  MUNICIPAL 
CORPORATIONS. 

Annotation. 

Right  of  public  to  benefit  of  discover- 

ies,   inventions,   devices,   data,   etc. 

made     or     prepared     by     officers. 

1917B,    1183. 

Power  of  legislature  to  define  powers  and 

duties    of    municipal    officers.      1917A, 

1244. 
Delegation  to  municipality  of  power  as  to. 

1916D,  913. 
Necessity    of     uniformity    in    powers    of. 

1916D,  913. 
Right  of  public  to  maps  and  plats  prepared 

by  officer  out  of  office  hours  upon  paper 

taken    from    discarded    public    books. 

1917B,  1176. 
Right  of  officer  who  has  prepared  index  of 

public  records  at  his  own  expense  to 

remove  it  at  expiration  of  term.  1917B, 

1179. 

—  compensation  and  fees. 

Of  prosecuting  attorney,  see  DISTRICT  AND 
PROSECUTING  ATTORNEYS. 

Annotation, 

Right  to  garnish  fees  or  salary  of  pub- 
lic officer  after  expiration  of  term 
of  office.  1917F,  1119. 

Garnishment  of  salary  of.    1917F,  1117. 
Assignability    of    unearned    compensation. 

1916E,  618. 
Effect  of  income  tax  law  to  name  officers 

whose  salaries  shall  be  exempt.    1915B, 

569. 
Sufficiency  of  title  of  statute  as  to.    1917B, 

176. 
Validity  of  offer  by  candidate  to  take  only 

part  of  his  salary  if  elected.     1917B, 

191. 

Validity  of  contract  as  to.    1917C,  1084. 
Estoppel  to  claim  fees.  3917B,  176. 
Extra    or    additional    compensation;     per- 
quisites.    1915E,  858. 
Increase  or  reduction.    1915A,  295. 

—  liabilities. 

Liability  on  bond,  see  BONDS. 

Liability  for  false  imprisonment,  see  FALSE 

IMPRISONMENT. 
Of  judges,  see  JUDGES. 
Of    officer    making    levy,     see    LEVY    A^D 

SEIZURE. 

Of  military  officers.     1915A,  175,  1141. 
Liability  of  governor  for  damages  resulting 

from  carrying  out  of  his  lawful  orders. 

1JU5A,  175. 
Liability  for  failure  to  take  bond  required 

by  statute.     1916F,  481. 


I  Personal  liability  on  undertaking  to  indem-' 
nify  surety  on  injunction  bond.  1915A, 
853. 

Liability  to  garnishment.     1917F,   1117. 

Parol  evidence  as  to  intent  of  officers  sign- 
ing instrument  as  individuals.  1915A, 
853. 

Liability  of  cattle  inspector  for  injury  to- 
animal  during  inspection.  1915B,  1013. 

Liability  for  injuries  in  defective  street. 
1916B,  1184. 

Liability  for  injuries  on  defective  bridge. 
1917B,  369. 


OFFSETS. 

Set-off  generally,  see  SET-OFF  AND  COUNTER- 
CLAIM. 


Oil.. 

Inspection  of,  see  INSPECTION. 
In  mine,  see  MINES. 

Annotation. 

Keeping     of,     on     insured     premises* 
1917C,  278. 

State   inspection   law  as   interference  with 

commerce.     1916D,  193. 
Injury  to  purchaser  by  explosion  of.    1915C,. 

336. 


OILING  STREET. 

Annotation. 

Liability    for   injury    due    to. 
712. 


1O17F, 


Injury  to  bystander  by  skidding  of  auto- 
mobile due  to  slippery  condition  of 
pavement  because  of  oil  placed  thereon. 
1917F,  710. 


*-•-» 


OIL  TANK   STATIONS. 

Separate  taxation  of,  on  railroad  right  of 

way.     1916E,  404. 
Local  tax  on  oil  tank  stations  on  right  of 

way    of    interstate    railroad.      1916E, 

404. 


OLEOMARGARIN. 

Violation    of    statute    regulating    sale    of. 

1915A,  7r>7. 
Of    property    from   tax    list.      1915C,    929  j 

1916C,  522;  1916E,  404. 


OMNIBUS. 

See  HACKS  AND  TAXICABS. 


OPEN  SHOP— ORAL  EVIDENCE. 


319 


OPEN  SHOP. 

Annotation. 

Controversy  over  open  or  closed  shop  as 

justification    for    employed    to    aid 

strike.     1917F,  76O. 


OPERATION. 

Annotation. 

Duty  of  injured  employee  seeking  re- 
covery under  Workmen's  Compen- 
sation Act  to  submit  to.  1917D, 
174. 

Effect  on  recovery  under  Workmen's  Com- 
pensation Act,  or  refusal  of  injured 
employee  to  submit  to.  1916A,  381. 

Bursting  of  stitches  closing  wound  made  by 
operation  as  an  accident  within  mean- 
ing of  insurance  policy.  1915E,  955. 


OPINION. 

As  evidence  generally,  see  EVIDENCE. 
Expression  of,  as  fraud,  see  FRAUD  AND  DE- 
CEIT. 

Weight  of.     1916A,  1079;   1916D,  1074. 


OPINION  EVIDENCE. 

See  EVIDENCE. 


OPIUM. 

Wife's  right  of  action  for  unlawful  sale  of 
opium  to  husband.     1917D,  732. 


OPTHALMOLOGISTS. 

Annotation. 

Application   to,    of   statutes   regulating 

the  practice  of  medicine.     1917C, 

S20. 


OPTION. 

In  general,  see  CONTRACTS. 
Of  insured,  see  INSURANCE. 

Annotations. 

Validity  and  effect  of  agreement  Z>y 
vendor  to  repurchase  or  permit  a 
rescission  of  the  contract,  or  to  re- 
sell the  property,  at  the  option  of 
his  vendee.  1917C,  763. 


Specific  performance  of  provisions  for 
appraisal  of  property  preliminary 
to  exercise  of  option.  1917C,  813. 

Devolution  of  interests  of  respective 
parties  to  option.  1917D,  719. 

Options  to  purchase,  and  the  rule 
against  perpetuities  or  against  un- 
due suspension  of  the  power  of 
alienation.  1917D,  9O4. 

Rights  under  optional  land  contract  as 
real  or  personal  property.  1917F, 
358. 

Mining  lease  as  an  option  terminable  at 
pleasure.  1915B,  561. 

Defense  to  action  to  recover  consideration 
for  option.  1915A,  271. 

Consideration  for  option.     1915C,  367. 

Specific  performance  of  option  contract. 
1915C,  367. 

Specific  performance  of  provisions  of  con- 
tract preliminary  to  exercise  of  option. 
1917C,  809. 

Tender  of  amount  due  on  exercise  of  option 
to  purchase.  1916F,  352. 

What  constitutes  breach  of  option  for  pur- 
chase of  real  property.  1915A,  271. 

Agreement  of  vendor  to  resell  land  at  ven- 
dee's option.  1917C,  761. 

For  purchase  of  insured  property,  as  breach 
of  condition  as  to  ownership.  1917A, 
299. 

Validity  of  fifty-year  option  for  a  thirty- 
year  mining  lease.  1917D,  900. 

Abandonment  of  fifty-year  option  for  a 
thirty-year  mining  lease  by  failure  to 
explore  and  take  a  lease  within  thirty 
years  after  the  contract  was  entered 
into.  1917D,  900. 

Of  tenant  to  renew  lease.  1916E,  1227, 
1235. 

Lessee's  option  to  purchase.  1915C,  367; 
1916F,  352;  1917C,  809. 

Effect  of  insertion  in  lease  of  option  to  pur- 
chase, to  work  a  conversion  of  the  real- 
ty into  personalty  in  case  lessor  dies 
before  exercise  of  option.  1916F,  352 ; 
1917D,  713. 


OPTOMETRISTS. 

Annotation. 

Application   to,    of  statutes  regulating 

the  practice  of  medicine.     1917C, 

826. 


ORAL  CONTRACTS. 

In  general,  see  CONTRACTS. 
Specific  performance  of,  see  SPECIFIC  PER- 
FORMANCE. 


ORAL  EVIDENCE. 

See  EVIDENICE. 


320 


ORCHARD— PARADE. 
ORCHARD.  OVERFLOW. 

Liability  for,  see  WATERS. 


Mechanics'  lien  for  cultivating  and  caring 
for.     1917D,  349. 


ORDER  OF  PROOF. 

On  trial.     1915F,  6;   1917F,  571. 


ORDINANCES. 

In  general,  see  MUNICIPAL  CORPORATIONS. 


ORE. 


See  MINES. 


ORIGINAL  JURISDICTION. 

Of  appellate  court.    1915B,  95,  569;  1915C, 
287;  1917B,  710. 


ORIGINAL   PACKAGES. 

Interstate  commerce  in,  see  COMMERCE. 


OSTEOPATHS. 

Annotation. 

Application   to,    of  statutes  regulating 

the  practice  of  medicine.     1917C, 

822. 

Rights  conferred  bv  license  to  practise  oste- 
opathy.    1917t>,  996. 


OVERALLS. 

Claim  for,  as  within  protection  of  contrac- 
tor's bond.     1917A,  336. 


OVERDRAFT. 

Application  to,  of  proceeds  of  draft  belong- 
ing to  third  person.     1915A,  715. 


•» «» 


OVEREXERTION. 

Recovery  for  injury  by,  under  Workmen's 
Compensation  Act.  1916 A,  295,  299, 
321;  1916D,  966,  1000,  1277. 

Assumption  by  servant  of  risk  of  injury 
from.  1916D,  445. 


OVERHANG. 

Injury  to  person  by  reason  of  overhang  of 
street  car  in  swinging  around  a  curve 
1915C,  604,  609. 


OVERVALUATION. 

Of    insured    property    in    proofs    of    loss. 
1915C,  1179. 


OWNERSHIP. 

Of  property  insured,  see  INSURANCE. 

Jurisdiction  of  railroad  commission  to  de- 
termine question  of.     1915D,  1205. 


OYSTERS. 


See  FISHERIES. 


PACKING. 

Effect  of  improper  packing  of  shipment  on 
carrier's  liability  for  its  loss.  1915D, 
1077. 


PACKING  FOR  BOATS. 

Claim  for,  as  within  protection  of  contrac- 
tor's bond.    1917A,  336. 


PAID  UP  INSURANCE. 

See  INSURANCE. 


PAINT. 

Claim  for,  as  within  protection  of  contrac- 
tor's bond.     1917  A,  336. 


PANTOMIME. 

Evidence  by  means  of.     1915E,  848. 


PARADE. 

Forbidding  carrying  of  red  flag  in  parade. 
1915B,  706. 


PARCELS— PARKS  AND  SQUARES. 


321 


PARCELS. 

Sale    of    mortgaged    property    in.      1917B, 
513. 


PARDON. 

Tn  general,  see  CRIMINAL  LAW. 


PARENT    AND    CHILD. 


In  general. 

Legitimation. 

Adoption. 


In  general. 

Inheritance  rights  of,  see  DESCENT  AND 
DISTRIBUTION. 

"Support  of  children  after  divorce,  see  DI- 
VORCE AND  SEPARATION. 

Rights  of  child  in  homestead  of  parent,  see 
HOMESTEAD. 

Matters  as  to  infants  generally,  see  IN- 
FANTS. 

•Custody  of  child,  see  INFANTS. 

Support  of  infant,  see  INFANTS. 

As  to  mothers'  pensions,  see  MOTHERS'  PEN- 
SIONS. 

Disinheritance  of  children,  see  WILLS. 

Annotations. 

Attach  on   divorce   decree   ~by  children 

of  divorced  parents.     1917B,  498. 
Attack  on  divorce  decree  1>y  parent  of 

divorced  child.     1917B,  499. 
^Liability    where    automobile    is    being 

used    by    a    child    of    the    owner. 

191 7F,  365. 

Kidnapping  of  child  by  parent.    1915B,  189. 
Homicide  to  prevent  father  from  wrongfully 

carrying  off  child.    1915A,  73. 
Effec.  of  bequest  in  will  to  cancel  debt  by 

mother     to    her     child     as     guardian. 

1915B,  1156. 
<5ift   of   bank    deposit   by   parent   to   child. 

1915B,  396. 
Action   by  -husband   against  wife's   parents 

for  alienation  of  her  affections.     19x50, 

870. 
Requirement  of  notice  by  or  to  parent  of 

infant  employee  if  Workmen's  Compen- 
sation Act  is  not  to  apply.     1917D,  71. 
•Condition  in  will  that  marriage  of  legatee 

shall   be   with   consent   of  her  parents. 

192 7D,  464. 
Exhibition  of  child  to  jury  for  purpose  of 

proving  paternity.     1917B,  1143. 
Right  of  action  for  death  of  child.     191 5F, 

736;     1916C,    964;     1916E,    185,    704; 

1917D,  287;   1917F,  851. 
Recovery  by  father  for  death  of  minor  son 

under    Workmen's    Compensation    Act. 

1916E,  110. 
Necessity   of   joining  mother   in   action   by 

father     for     loss     of     child's     services. 

1915D.  1111. 

L.R.A.  Tri.  Index  1915-17.— 21. 


Imputing  negligence  of  parent  to  child. 
1915F,  11. 

Contributory  negligence  of  father  as  defense 
to  action  by  mother  for  death  of  minor 
child.  1915E,  781. 

Who  may  maintain  action  for  mutilation  of 
corpse  of  child.  1915B,  519. 

Sufficiency  of  notice  by  parent  to  city  of 
claim  for  injury  to  child.  1915D,  1111. 

Right  of  action  for  death  of  parent.  1916C, 
800;  1916E,  172;  1917D,  1084. 

Right  of  minor  child  to  recover  for  death 
of  father  under  Workmen's  Compensa- 
tion Act.  1916A,  306. 

Evidence  on  question  of  damages  for  negli- 
gent killing  of  parent.  1915E,  1205. 

Father's  right  of  action  for  seduction  of 
daughter.  1917D,  273. 

Mother's  right  of  action  for  betrayal  of 
minor  daughter  who  is  still  alive. 
1917E,  756. 

Emancipation,  effect  of.     1917B,  690. 

Sufficiency  of  proof  of  emancipation  of 
child.  1916B,  1111. 

Liability  of  parent  for  injury  by  automobile 
operated  by  child.  1915A,  1130;  1915F, 
216,  228;  1916D,  618;  1917E,  357; 
1917F,  363,  380. 

Liability  of  mother  riding  in  son's  auto- 
mobile as  his  guest  for  negligence. 
1915F,  876. 

Legitimation. 

Right  of  illegitimate  child  to  inherit,  see 
DESCENT  AND  DISTRIBUTION. 

Sufficiency  of  father's  recognition  of  illegiti- 
mate son.  191 6E,  654. 

Adoption. 

Inheritance  by  or  through  adopted  child, 
see  DESCENT  AND  DISTRIBUTION. 

Conflict  of  laws  as  to.  1916A,  G60;  1917F, 
692. 

Nature  of  proceeding  to  establish  status  as 
adopted  child.  1917F,  692. 

Specific  performance  of  contract  to  adopt 
children.  1917F,  692. 

Agreement  by  adopting  parents  as  to  prop- 
erty rights  of  adopted  child.  1&16D, 
421. 

Specific  performance  of  contract  to  devise 
property  to  adopted  child.  1916D,  421. 

Adopting  parents  as  beneficiaries  of  stat- 
utory right  of  action  for  death  of  child. 
1916E,  704. 


PARKING. 

Of  automobiles  in  street.    1917F,  345. 


PARKS    AND    SQUARES. 

As  to  playgrounds,  see  PLAYGROUNDS. 

Dedication  of  land  for.     1916B,  1160. 
Injunction  against  park  and  tree  commis- 
sion.    1915E,  168. 


322 


PARKS  AND  SQUARES— PARTIES. 


Power  of  municipality  to  grant  to  individ- 
uals exclusive  rights  in  parks.  1916D, 
491. 


Indorsement  of  partial  payments  on  notes 
as  notice  to  purchaser  of  infirmities. 
1916F,  209. 


PARLOR  CARS. 

See  SLEEPING  AND  PAELOB  CABS. 


Liability  of  city  for  injury  resulting  from    Application  of.     1916D,  1247. 
dangerous   condition   of   park.      1915D, 
1111. 

Duty  of  state's  attorney  to  enforce  collec- 
tion of  fines  for  violation  of  park  ordi- 
nances. 1917B,  176.  PARTIES. 

In  general. 

Persons  who  may  or  must  sue. 

—  in  general. 

—  on  contract. 

—  on  matters  of  public  right. 

—  in  representative   capacity. 
Joinder  of  parties  plaintiff. 
Proper  and  necessary  parties  defend- 
ant. 

—  in  general. 

—  state;  United  States. 

—  in  actions  on  contract  general- 

ly. 

—  decedents'  estates. 

—  receiver;    corporation;    partner; 

carrier. 

PAROL    CONTRACTS.  -husband  and  wife. 

—  cases  as  to  real  estate. 

In  general,  see  CONTBACTS.  i0i<nd!r  °f,  paf*ies  defendant. 

Specific  performance  of,  see  SPECIFIC  PEB-    ]  rin£inS  **?  intervention. 

FOBMANCE. 


PAROCHIAL     SCHOOLS. 

Examination  as  condition  of  entrance  of 
graduates  of,  to  public  high  school. 
1917C,  993. 


PAROLE. 

See  CBIMINAL  LAW. 


PAROL     EVIDENCE. 

As  to  writings,  see  EVIDENCE. 


PARTIAL    INTESTACY. 

See  WILLS. 


PARTIAL  INVALIDITY. 

Of  statute,  see  STATUTES. 

Of  ordinance.     1915D,  595;  1916A,  1228. 


PARTIAL  PAYMENTS. 

As  affecting  limitation  of  actions,  see  LIM- 
ITATION OF  ACTIONS. 

Annotation. 

Payment  of  part  of  a  liquidated  and 
undisputed.  debt  as  a  consideration 
for  the  discharge  of  the  whole. 
1917A,  719. 


In  general. 

On  appeal,  see  APPEAL  AND  ERBOB. 
To  offense,  see  CRIMINAL  LAW. 
Who  are  affected  by  judgment,  see  JUDG- 
MENT. 

To  mandamus  proceeding,  see  MANDAMUS. 
On  foreclosure,  see  MORTGAGE. 

Annotations. 

Misnomer  of,  as  ground  for  attacking 
divorce  decree.  1917B,  439. 

Privilege  of  suitor  from  service  of  sum- 
mons while  in  jurisdiction  on  Icyal 
business.  1917B,  S93. 

Description  of  party  in  writ  or  notice  by 

publication.     1915B,  1149;   1917B,  395. 
Exemption     of,    from     service     of    process, 

1915A,  694;   1916A,  734;   1916E,  1170; 

1917C,  905. 

Dismissal  of.     1915A,  491. 
Discontinuance  for  absence  of  party.    10 ^I!, 

686. 
Who    may    question    validity    of    statute. 

1915D,   886;    1915F,   894;    1916F,   831; 

1917B,  1,  191;   1917D,  15,  996;   1917E, 

1163. 
Who    may    question    validity    of    orc'inaii.  e. 

1915D,  607;  1916A,  1228. 

Persons  who  may  or  must  sue. 

—  in   general. 

Who  may  sue  for  removal  of  cloud  on  title, 

see  CLOUD  ox  TITLE. 
Action   by  stockholders   of  corporation,   see 

CORPORATION. 
Action  for  death,  see  DEATH. 


PARTIES. 


323 


Action  on  behalf  of  estate  of  decedent  gen- 
erally, see  EXECTJTOBS  AND  ADMINISTRA- 
TORS. 

Husband  or  wife,  see  HUSBAND  AND  WIFE. 

Suits  by  incompetent  persons,  see  INCOM- 
PETENT PERSONS. 

In  action  for  libel,  see  LIBEL  AND  SLANDER. 

Who  may  have  remedy  against  nuisance,  see 
NUISANCES. 

Annotation. 

Right  of  conditional  vendee  of  personal 
property  to  maintain  action  for 
damage  to  or  conversion  of  prop- 
erty. 1917D,  217. 

Amendment  of  pleading  as  to.     191 6B,  910. 

Right  of  beneficiary  to  personal  judgment 
for  amount  provided  by  benefit  certifi- 
cate for  erection  of  monument.  1915F, 
166. 

Limiting  to  citizens  of  county  persons  who 
may  institute  proceedings  for  suppres- 
sion of  bawdyhouse.  1917B,  1075. 

Relator  in  mandamus  proceeding.  1917F, 
215. 

Father's  risjht  of  action  for  seduction  of 
daughter.  1917D,  273. 

Right  of  mother  to  maintain  action  for 
wrongful  mutilation  of  corpse  of  child. 
1915B,  519. 

Who  may  maintain  suit  for  partition. 
1917D,  228. 

Person  in  possession  of  property.  1916F, 
1289;  1917D,  214. 

Conditional  vendee.     1917D,  214. 

Effect  of  warranty  deed  of  land  to  transfer 
right  of  action  for  injury  thereto. 
1916E,  990. 

—  on   contract. 

Agents  or  trustees.  1016D,  1006;  1917D, 
493. 

Application  of  provisions  of  Carmack 
Amendment  as  to  suits  by  holders  of 
bills  of  lading,  to  suit  under  state  stat- 
ute for  failure  to  deliver  all  grain  re- 
ceived for  shipment.  1917E,  1011. 

Breach  of  carrier's  contract  as  to  corpse. 
1916A,  565. 

Action  on  contractor's  bond.     1915A,  768. 

Right  of  addressee  of  telegram  to  maintain 
action  for  delivery  of  forged  message. 
1915A,  120. 

Right  of  one  holding  note  against  partner- 
ship to  maintain  action  on  promise  of 
third  person  purchasing  interest  of  one 
partner  to  pay  his  partnership  liabil- 
ities. 1915A,  779. 

Who  may  maintain  action  for  injury  to 
property  deposited  in  warehouse. 
1915D,  795. 

Right  of  purchaser  from  shareholder  in  ir- 
rigation company  to  maintain  action 
against  the  company  for  failure  to 
maintain  irrigation  ditch.  1915D,  292. 

Who  may  maintain  action  on  implied  war- 
ranty that  goods  sold  are  fit  for  use. 
1916D,  1006. 


Right  of  holder  of  check  to  maintain  action 
against  bank  for  amount  thereof. 
1915C,  531;  1916C,  161;  1916D,  433. 

Action  on  public  contract.     1915D,  917. 

—  oii  matters  of  public  right. 

By  taxpayer.  1915C,  624;  1915D,  173,  485; 
1916A,  908;  1916C,  395;  1917A,  495. 

Private  action  for  violation  of  ordinance. 
1915D,  1021. 

Private  action  for  violation  of  statute. 
1917C,  1146. 

Private  action  for  obstruction  of  highway. 
1915D,  142;  1915E,  336;  1917A,  1150. 

Private  action  for  encroachment  of  building 
on  street.  1916C,  1260. 

Who  may  maintain  action  on  public  con- 
tract. 1915D,  917. 

Relator  in  mandamus  proceeding  concerning 
election.  191 7F,  215. 

Action  to  enjoin  operation  of  unlicensed 
jitney  busses.  1916B,  1143. 

Who  may  challenge  assumption  of  privilege 
not  granted  by  state  authority.  1916B, 
1083. 

Right  of  individual  to  raise  question  of  vio- 
lation of  provision  against  consolida- 
tion of  railroads.  1915B,  547. 

Right  of  telephone  company  to  challenge 
powers  of  rival.  1916B,  1083. 

—  in  representative  capacity. 

Right  of  state  to  maintain  action  to  re- 
cover excess  charges  exacted  of  in- 
dividuals by  carrier.  1916C,  309. 

Action  by  taxpayer  as  representative  of 
class  of  taxpayers  to  which *he  belongs. 
1915C,  624. 

Trustees.     1915E,  451;  1916A,  787. 

Joinder  of  parties  plaintiff. 

Joinder  of  causes  of  action,  see  ACTION  OR 

SUIT. 
Husband  and  wife,  see  HUSBAND  AND  WIFE. 

Wrongful  joinder  of  parties  as  ground  for 
relief  from  judgment.  191 6B,  883. 

In  action  by  son  for  wrongful  burial  of  his 
father's  body  at  sea.  1917E,  852. 

Necessity  that  all  the  lessors  in  an  oil  and 
gas  lease  join  in  action  of  trespass  on 
the  case  for  injury  due  to  lessee's  fail- 
ure to  drill  wells.  1917E,  975. 

Necessity  of  joining  mother  in  action  by 
father  for  loss  of  child's  services. 
1915D,  1111. 

Injunction  suits.     1915D,  684. 

Proper  and  necessary  parties  defend- 
ant. 

—  in   general. 

On  appeal,  see  APPEAL  AND  ERROR. 

In   mandamus   proceeding,   see  MANDAMUS. 

In  eminent  domain  proceeding.    1916F,  592. 

In  action  to  enforce  lien  for  compensation 
to  abutting  owners  for  location  of  rail- 
road in  street  against  property  in  hands 
of  successor.  1915D,  397. 

Labor  union  as  proper  party  defendant  to 
action  to  enjoin  illegal  acts  by  its  mem- 
bers. 1917F,  824. 


324 


PARTIES— PARTNERSHIP. 


Judgment  creditor  as  necessary  party  de- 
fendant in  suit  to  enjoin  sale  of  prop- 
erty of  third  person  under  execution. 
1915F,  1120. 

—  state;  United  States. 

United  States  as  necessary  party  in  contest 

between     entrymen     on     public     land. 

1916A,  1116. 
Liability  of  state  to  suit.    1915E,  858,  1187; 

1915F,  623. 
State  as  necessary  party  to  proceeding  to 

revoke    license    of    physician.      1916D, 

426. 

—  in  actions  on  contract  generally. 

Undisclosed  principal.     1917E,  988. 

—  decedents'  estates. 

As  to  actions  against  personal  representa- 
tives generally,  see  EXECUTORS  AND  AD- 
MINISTRATORS. 

—  receiver;  corporation;  partner;  car- 

rier. 

Necessity  of  joining  general  creditors  of  an 
insolvent  bank  in  action  against  re- 
ceiver to  establish  preference.  1917D, 
1002. 

Corporation  issuing  «tock  as  necessary  party 
in  suit  by  stockholder  in  another  corpo- 
ration, which  owns  such  stock,  to  com- 
pel the  latter  to  place  the  title  to  the 
stock  in  its  own  name.  1915D,  1128. 

—  husband,  and  wife. 

Husband  as  proper  party  defendant  in  ac- 
tion against  wife  for  assault.  1915A, 
491. 

—  cases  as  to  real  estate. 

Necessary  parties  defendant  in  execution. 
1916D,  113. 

One  having  lien  on  property  which  -is  dis- 
charged by  a  stranger  as  necessary  par- 
ty to  action  by  latter  to  secure  sub- 
rogation to  his  rights.  1917A,  731. 

Joinder  of  parties  defendant. 

Joinder  of  causes  of  action,  see  ACTION  OR 
SUIT. 

Mode  of  raising  objection  of  misjoinder  of 
codefendants.  1917D,  440,  1002. 

Right  of  defendant  to  complain  because  un- 
necessary persons  are  made  parties  de- 
fendant. 1915E,  1069. 

Joinder  of  parties  defendant  in  action  by 
trustee  in  bankruptcy  of  corporation  to 
recover  dividends  paid  shareholders  out 
of  capital.  1917C,  393. 

In  proceeding  under  Civil  Damage  Act. 
1916D,  940. 

Bringing  in;  intervention. 

Annotations. 

Right  of  creditor  of  individual  partner 
or  of  his  estate  to  appear  in  pro- 
ceedings for  the  settlement  of  af- 
fairs of  partnership.  191TiB,  1O47. 


Right  of  one  creditor  to  intervene  in 
another  creditor's  action  after  the 
period  for  beginning  such  action 
has  expired.  1917D,  SS5. 

Right  of  creditors  to  intervene.  1917B, 
1043. 

Right  of  one  creditor  to  intervene  in  a 
pending  action  by  another  creditor,  aft- 
er the  period  for  bringing  such  action 
has  expired.  1917D,  882. 

Intervention  of  administratrix  having  claim 
against  insolvent  bank  in  proceedings 
to  wind  it  up.  1915A,  299. 

On  mortgage  foreclosure.     1916C,  633. 


PARTITION. 

In  general. 

Right  to;  who  may  have,  and  in  what. 

Procedure. 

—  in  general;  parties. 

—  question  of  title. 
Deeds. 


In  general. 

Lien  on  share  awarded  cotenant  in  partition 
for  amount  which  he  should  contribute 
toward  expenses  paid  by  the  other  co- 
tenant.  1915B,  961. 

Right  to;  who  may  have,  and  in  what. 
Refusal  of  partition  where  right  thereto  is 

based  on  illegal  contract.    191 7F,  4(54. 
Who  may  have.     1916D,  1147;  1917D,  228. 
What  subject  to.    -1916D,  1147. 

Procedure. 

—  in  general;  parties. 

Demurrer  to  bill  for.     1916C,  693;   1917D, 

337. 
Multifariousness  of. bill.    1917D,  357, 

—  question  of  title. 

Jurisdiction  of  court  of  equity  to  entertain 
a  petition  for  partition  setting  up  an 

,  adverse  title  to  the  property.  1916B, 
799. 

Collateral  attack  on  judgment  in  partition. 
1915B,  1149. 

Deeds. 

Effect  of  defective  acknowledgment  of  deed. 
1917F,  566. 


PARTNERSHIP. 

In  genera}. 

Nature;   creation;   what   constitutes. 
Rights  and  powers   of  partners. 
Liability  of  partners;  rights   of  cred- 
itors. 

Partnership  real  estate. 
Rights  of  members  as  to  each  other. 
Dissolution;  effect  of. 


PARTNERSHIP. 


325 


In  general. 

Annotation. 

Partnership  liability  of  stockholders  of 
a  foreign  corporation  in  a  state  in 
which  it  is  doing  business.  1917B, 
574.  . 

Taxation     of     incomes     of     partnerships. 

1915B,  569. 
Liability    of    married    woman    as    partner. 

1916D,  1230. 
Partnership     liability     of     stockholders     of 

foreign      corporation.        1916C,      189; 

1917B,  572. 

Statute  requiring  filing   of   certificate   set- 
ting forth  names  of  members  of  firm, 
,  unless    business    is    transacted    under 

partnership    name   which   includes  the 

true  real  name  of  at  least  one  of  the 

members.     1917B,  697. 
Statute  as  to  doing  of  business  by,  under 

assumed    name.      1915D,    981;    1916D, 

352. 
Sale  on  execution  of  undivided  interest  of 

partner.     1916F,  1279. 
Indorsement  by  one  member  of  firm  check 

in  payment  of  his   own   debt.     1916B, 

908. 
Bankruptcy   of   partnership    or   of   member 

thereof.       1915E,     706;     1915F,     668; 

1917A,  135. 

Nature;  creation;  what  constitutes. 

Creation;  what  constitutes.    1917A,  1100. 

Right  of  court  to  order  issue  of  partnership 
vel  non  to  be  tried  first  in  action  by 
partnership  on  contract.  1916A,  1211. 

Rights  and  powers  of  partners. 

Kight  of  managing  partner  of  mining  part- 
nership to  extend  operations  of  the  firm 
to  land  in  proximity  to  that  previously 
mined.  1917F,  571. 

Right  of  managing  partner  to  borrow  money 
necessary  for  conduct  of  the  business. 
1917F,  571. 

Liability  of  partners;  rights  of  cred- 
itors. 

Annotation. 

Right  of  creditor  of  individual  partner 
or  of  Jiis  estate  to  appear  in  pro- 
ceedings for  the  settlement  of 
affairs  of  partnership.  1917B, 

104:7. 

Right  of  one  holding  note  against  partner- 
ship to  maintain  action  on  promise  of 
third  person  purchasing  interest  of  one 
partner  to  pay  his  partnership  liabili- 
ties. 1915A,  779. 

Right  to  set  off  against  partnership  debt 
claim  arising  under  contract  with  in- 
dividual member.  1916A,  1211. 

Right  of  creditor  of  individual  partner  to 
resist  allowance  of  claims  in  settlement 
of  partnership  estate  and  appeal  froui 
decision  thereon.  19I7B,  1043. 


Bankruptcy.       191 5E,     706;     1915F,     668; 

1917A,  135. 
As  between  individual  and  firm  creditors. 

1917A,  135. 
Rights  of  creditors  who  contribute  to  assets 

of    partnership    estate    subsequent    to 

death  of  one  of  the  partners.     1917C, 

366. 

Partnership  real  estate. 

Oral  partnership  to  deal  in  real  estate. 
1915A,  521. 

Rights  of  members  as  to  eaeh  other. 

Annotation*. 

Right  of  partner  to  compensation  for 
services  rendered  to  the  partner- 
ship. 1917F,  575. 

Accounting  and  contribution  between 
members  of  partnership  which  is 
illegal  or  which  has  been  engaged 
in  illegal  business.  1917 A,  4=4=6. 

Right  of  partner  to  compensation  for  his 
services.  1917F,  571. 

Time  for  presentation  of  claim  against  es- 
tate of  deceased  member.  1917A,  443. 

Contribution  between  partners.    1917A,  443. 

Competency  of  one  member  to  testify  to  set- 
tlement of  affairs  with  member  since 
deceased.  1917A,  443. 

Effect  of  judgment  requiring  attorneys  to 
return  fees  paid  them  for  services,  on 
rights  of  attorneys  as  between  them- 
selves. 1917A,  443. 

Right  of  member  to  use  partnership  prop- 
erty in  payment  of  his  individual  debts. 
1916B,  908. 

TV     olutioii;  effect  of. 

Annotations. 

Right  of  creditor  of  individual  partner 
or  of  his  estate  to  appear  in  pro- 
ceedings for  the  settlement  of 
affairs  of  partnership.  1917B, 
1O47. 

Right  of  surviving  partner  to  purchase 
additional  goods  in  closing  up  busi- 
ness. 1917C,  17O. 

Division  of  partnership  assets  ii'here 
one  partner  contributes  services 
only.  1917E,877. 

Effect  of  dissolution  of  firm  of  real -estate 
brokers  to  terminate  authority.  1915C, 
576. 

Continuance  of  community  of  interest  in 
partnership  after  its  d'ssolution  by 
death  of  one  of  the  partners.  1917C, 
166. 

Right  of  surviving  partner  to  continue  busi- 
ness. 1917C,  166. 

Return  to  partner  contributing  entire  cap- 
ital or  portion  of  capital  that  remains 
at  time  of  dissolution.  1917E,  875. 

Right  of  creditor  of  individual  partner  to 
resist  allowance  of  claims  in  settlement 
of  partnership  estate  ;>nd  appeal  from 
decision  thereon.  1917B,  1043. 


326 


PARTNERSHIP— PATENTS. 


Conclusiveness  of  judgment  as  to  all  matters 
litigated  in  action  for  partnership  ac- 
counting. 1917F,  1006. 

Liability  of  retiring  partner.  1915B,  418; 
1915F,  711. 


PART  PAYMENT. 

As  affecting  limitation  of  action,  see  LIM- 
ITATION OF  ACTIONS. 
Application  of,  see  PAYMENT. 


PART  PERFORMANCE. 

Under  Statute  of  Frauds,  see  CONTRACTS. 


PARTT    AFFILIATIONS. 

Requiring  voters  in  primary  election  to  de- 
clare.    1917B,  723. 


PARTY 


Annotation. 

Utilization  of  party  wall  by  lessee  as 
affecting  lessor's  duty  to  contribute 
to  cost  thereof.  1917B,  96O. 

Duty  of  landlord  upon  purchasing  building 
erected  by  tenant  with  right  of  removal, 
to  contribute  to  cost  of  additions  to 
party  wall  by  adjoining  owner.  1917B, 
945. 

Duty  of  landlord  while  the  lease  continues, 
to  contribute  to  cost  of  party  wall  erect- 
ed by  adjoining  owner  and  utilized  by 
his  own  tenant.  1917B,  949. 

Damage  by  fall  of.  1915E,  926. 


PASS. 

In  general,  see  CARRIERS. 


PASSENGER    CARRIERS. 


See  CARRIERS. 


PASSION. 

Reducing  homicide  to  manslaughter.  1915A, 
533. 


PASTERS. 

On  election  ballot.     1917A,  211. 


PASTEURIZATION. 


Right  to  require  milk  to  be  pasteurized. 
1917C,  249. 


PASTORS. 

See  RELIGIOUS  SOCIETIES. 


PAST    SERVICES. 

As    consideration     for     transfer    of    note. 
1917C,  582. 

•»•  » 


PASTURE. 

Measure    of    damages    for    destruction    of. 

1917C,  983. 
Drought   as  excuse  for  nonperformance  of 

contract   to    furnish    pasture.      1917A, 

648. 
Frightening    cattle    by    negligently    setting 

fire  to  pasture.     1917C,  983. 


PATENTS. 


In  general. 
Sale;  license. 
Infringement. 


In  general. 

Annotation. 

Validity  of  contract  for  material  pat- 
ented ii'here  letting  to  the  loirest 
bidder  is  required.  19 17 A,  442. 

Jurisdiction  of  state  court  to  compel  public 
officer  to  leave  behind  at  expiration  of 
term  device  which  he  had  installed  and 
patented.  1917B,  1179. 

Prohibiting  corporation  holding  patents  to 
continue  business  within  state.  1915A, 
892. 

Sale;  license. 

Right  to  restrict  use  by  purchaser  or  li- 
censee of  patented  invention  by  notice 
attached  to  machine  embodying  the 
patent  1917E,  1187,  1196. 

Infringement. 

Right  of  action  for  injury  to  business  by 
threats  of  suit  for  infringement  and 
false  representations.  1915B,  1179. 

Malicious  prosecution  of  infringement  suit. 
1915B,  1179;  1916E,  1277. 

Injunction  to  restrain  suit  by  patentee 
against  persons  who  have  purchased  in- 
fringing machine.  1915F,  1101. 


PATERNITY— PAYMENT. 


327 


PATERNITY. 

Annotation. 

Exhibition  of  cJtild  for  purpose  of  de- 
termining.    ID 11 B,   H4S. 

Exhibition  of  child  to  jury  for  purpose  of 
proving.  1917B,  1143. 


PATIENT. 

Injury  to,  in  hospital.     1915D,  334,  1167. 


PATRON. 

Injury  to  customer   at   store  by  swinging 

door.     1915F,  572. 
Master's  liability  for   abuse  of  patron  by 

employee.     1915F,  516. 


PAUPERS. 

See  POOB  AND  POOB  LAWS. 


PAUPER'S  OATH. 

Right  to  release  pending  appeal  on  taking 
pauper's  oath.     1916F,  103. 


PAVEMENT. 


In  general,  see  PUBLIC  IMPBOVEMENTS. 


PAWNBROKERS. 

Validity  of  contract  by  pawnbroker  who 
fails  to  comply  with  municipal  regula- 
tions. 1915B,  851. 


PAYMASTER. 

Annotation. 

Effect  of  insertion  Of  unauthorised  pro- 
visions  in   bond  of.      1917B,   991. 


PAYMENT. 


In  general. 

Medium  of;  validity. 

Time. 

Application. 


In  general. 

Recovery  back  of  payments  made,  see  As- 
SUMPSIT. 

Of  depositor's  check,  see  BANKS. 

Presentation  of  negotiable  paper  for,  see 
BILLS  AND  NOTES. 

Of  stock  subscriptions,  see  COBPOBATIONS. 

In  condemnation  proceedings,  .see  EMINENT 
DOMAIN. 

Presumption  and  burden  of  proof  as  to,  see 
EVIDENCE. 

Evidence  as  to  generally,  see  EVIDENCE. 

Guaranty  of,  see  GUARANTY. 

As  affecting  limitation  of  actions,  see  LIM- 
ITATION OF  ACTIONS. 

Novation,  see  NOVATION. 

Subrogation  for,  see  SUBBOGATIOTT. 

Of  taxes,  see  TAXES. 

Of  legacy,  see  WILLS. 

Annotation, 

Provision  of  contract  for  payment  with- 
out deduction  for  taxes  as  applica- 
ble to  income  tax.  1917F,  2O5. 

Evidence  on  question  of.     1915C,  976. 

Stopping  payment  of  check.  1915D,  402; 
1916E,  537;  1916F,  826. 

Indorsement  of  partial  payments  on  notes 
as  notice  to  purchaser  of  infirmities. 
1916F,  209. 

Right  of  one  dedicating  land  for  highway  to 
retain  possession  after  title  has  vested 
in  county  in  order  to  enforce  payment 
of  contract  price  for  labor  done  by  him 
to  fit  land  for  travel.  191 7  A,  1150. 

Maker  of  note  who  furnishes  money  to  pur- 
chase it  through  an  agent  or  reimburses 
a  third  person  who  purchases  it  with 
his  own  funds  as  a  holder  "in  his  own 
right."  1917A,  725. 

Medium  of;  validity. 

Annotation. 

Garnishment  of  debt  after  delivery  of 
check  in  payment.  1917F,  396. 

By  check.  1916A,  493,  669;  1917B,  1184. 
Garnishment    after    delivery    of    postdated 

check  for  amount  of  the  debt.     1917F, 

394. 

By  draft.  1916A,  669. 

To  whom.  1915D,  271;  1915E,  395;  1916B, 

856. 

Time. 

Annotation. 

Time  of  payment  of  obligation  purport- 
ing to  be  payable  on  specified  event, 
the  happening  of  \chich  is  \vholly 
or  partially  within  the  control  of 
the  promisor.  1917B,  1O50. 

Requiring  milk  dealers  to  pay  for  their  pur- 
chases of  milk  twice  a  month.  1917A, 
480. 

Application. 

Application  of  deposit  by  bank,  see  BANKS. 


328 


PAYMENT— PENALTIES 


Annotation. 

Right  of  surety  upon  contractor's  bond 
to  Uave  payments  made  by  con- 
tractor applied  to  the  contract. 
1917C,  637. 

Partial  payments  made  by  contractor  to 
materialmen.  1916D,  1247. 

Right  of  surety  on  contractor's  bond  as  to 
application  of  payments  by  contractor. 
1917C,  630. 

Right  of  one  who  fraudulently  induces  an- 
other to  lend  money  to  a  third,  who 
largely  increases  the  loan,  as  to  appli- 
cation of  payments  made  thereon. 
1916E,  362. 


PAT   ROLLS. 

Capitalization  of,  as  basis  for  estimating 
damages  for  construction  of  railroad 
through  manufacturing  plant.  1916A, 
1079. 


PECUNIARY  CONDITION. 

Evidence  of,  see  EVIDENCE. 


PEDDLERS. 

Definition  of  peddler.    1916B,  1291. 
License  of,  generally.    1916B,  1291. 


PEDIGREE. 

Evidence  of.    1915D,  215. 

4  »  » 


PENAL  STATUTE. 

Ambiguity  in.     191 7A,  1198. 
Strict  construction  of.     1915A,  564;  1917B, 
962. 


PENALTIES. 

Distinguished  from  liquidated  damages,  see 

DAMAGES. 

As  to  fines,  see  FINES. 
For  selling  without  license,  see  LICENSE. 

Annotations. 

Cumulative  penalties  for  failure  of 
carrier  to  provide  separate  accom- 
modations for  u'hite  and  colored 
persons.  1917B,  54=8. 

Constitutionality  of  statute  imposing 
'  penalty  or  added  liability  for  fail- 
ure of  railroad  or  carrier  to  pay 
claim.  1917B,  926. 


Liability  to  penalty  for  improperly  issu- 
ing marriage  license  or  performing 
marriage  ceremony.  191" E,  86S. 

May  stockholders  maintain  action  in  the 
right  of  the  corporation  to  recover 
penalty  imposed  by  the  Sherman 
Act.  1917E,  1O06. 

Construction  of  statute  as  to.  1915A,  564; 
1917B,  962. 

Repeal  of  statute  providing  for  disposition, 
of.  1917B,  176. 

Prospective  operation  of  statute  repealing 
penalties.  1917E,  668. 

Right  of  prosecuting  attorney  to  commission 
on  penalties  collected  by  him.  1917B,. 
176. 

T>uty  .of  state's  attorney  to  prosecute  action 
to  recover.  1917B,  176. 

Who  entitled  to  interest  accumulated  upon. 
1917B,  176. 

Discretion  as  to  penalty  to  be  imposed  upon- 
foreign  corporation  for  violating  con- 
ditions of  right  to  do  business  in  state. 
1915A,  892. 

Imposing  penalty  on  removal  of  action  by 
foreign  corporation  to  Federal  court. 
1916F,  122. 

Imposing  penalty  upon  any  public  officer 
who  undertakes  to  hold  any  other  of- 
fice. 1917A,  228. 

Imposition  upon  telephone  company  of  pen- 
alty because  of  enforcement  in  good 
faith  of  regulations  not  prohibited  by 
statute.  1916A,  1208. 

For  nonpayment  of  public  improvement  as- 
sessment. 1915E,  662. 

For  sale  of  intoxicating  liquors  at  retail 
by  wholesaler.  1915B,  389. 

For  delay  in  payment  of  gas  rates.  1915F,. 
1180. 

For  issuing  marriage  license  without  rea- 
sonable inquiry.  1917E,  863. 

For  failure  to  file  with  Interstate  Commerce 
Commission  report  with  regard  to  ex- 
cessive services.  1917A,  1198. 

For  violation  of  hours  of  service  act. 
1915D,  408. 

For  failure  to  equip  train  with  separate  ac- 
commodations for  white  and  colored, 
passengers.  1917B,  544. 

For  carrier's  failure  to  settle  claim  prompt- 
ly. 1917B,  924. 

Including  statutory  penalty  for  failure  to- 
settle  claim  promptly  in  determining 
amount  in  controversy  in  action  against 
carrier  for  injury  to  property.  1917B,. 
924. 

Excessiveness  of  penalty  for  violation  of 
statute  imposing  license  fee  on  use  of 
coupons,  profit  sharing  certificates,  etc. 
1917A,  421. 

Sufficiency   of   proof   in   action    for   penalty 
.     for  transacting  business  without  license. 
1915D,  260. 

Amount  of  judgment  on  bond  for  penalty. 
1915E,  385. 

Requiring  persons  seeking  to  have  deed  de- 
clared a  mortgage  to  forego  advantage 
of  statutory .  penalties  for  exaction  of 
usury.  19l5B,  492. 


PENALTIES— PERPETUITIES. 


329 


Right  of  insured  who,  after  bringing  action, 
reduces  the  amount  claimed,  to  stat- 
utory penalty  for  nonpayment.  1916B, 
1252. 

Recovery  under  allegation  of  damages  in 
suit  to  enjoin  destruction  of  trees,  of 
statutory  penalty  for  such  destruction. 
1917F,  385. 

Stipulation  in  note  for  payment  of  in- 
creased interest  in  case  of  default  as  a 
penalty.  1916E,  721. 


PENDENCY. 

Of  action  to  abate  suit,  see  ABATEMENT  AND 
REVIVAL. 


PENSIONS. 

Mothers'  pensions,  see  MOTHERS'  PENSIONS. 
Police  pensions,  see  POLICE. 

Effect  of  contributing  to  teachers'  pension 
fund  on  right  of  teacher  to  continued 
employment.  1917E,  1069. 


PER  CAPITA  OR  PER  STIRPES. 

Distribution  by,  in  absence  of  will.     1916A, 
6CD. 


PERCOLATING  WATER. 

See  WATERS. 

4  •  »  - 

PEREMPTORY    INSTRUCTIONS. 

See  TRIAL. 


PERFORMANCE. 

Part    performance    to    satisfy    Statute    of 

Frauds,  see  CONTRACTS. 
Of    condition    subsequent,    see    COVENANTS 

AND  CONDITIONS. 
Specific  performance,  see  SPECIFIC  PERFORM- 

ANCE. 


PERIL. 

Negligence   in   attempting   to   escape   from. 
1917D,  962. 


PERISHABLE  PROPERTY. 

Carrier  of,  as  an  insurer.     1917C,  507. 


Steps  taken  by  principal  to  save  perishable 
property  purchased  by  agent  at  an  un- 
authorized price,  as  ratification  of 
agent's  act.  1917E,  788. 


PERJURY. 

Annotations. 

Conviction  of  perjury  upon  proof  that 
accused  made  contradictory  state- 
ments. 1917C,  58. 

Acquittal  of  crime  as  bar  to  a  subse- 
quent prosecution  of  defendant  for 
perjury  committed  on  the  former 
trial.  1917B,  743. 

As  ground  for  relief  against  judgment. 
1915F,  820;  1916B,  883. 

Right  to  open  divorce  decree  to  ascertain 
if  it  was  procured  by  perjured  testi- 
mony without  retrying  the  whole  case. 
1917F,  974. 

Charge  of  perjury  made  by  attorney  against 
counsel  opposing  him  in  case  pending  in 
court.  1916E,  779. 

Competency  of  wife  as  witness  against  hus- 
band in  prosecution  for  perjury. 
1917E,  1129.  • 

Acquittal  of  one  charged  with  crime  as  bar 
to  prosecution  for  perjury  for  testi- 
mony given  by  him  at  trial.  1917B, 
738. 

Sufficiency  of  proof  of.     1917C,  52,  954. 

Evidence  that  contradictory  statements  were 
induced  by  threats  and  duress.  1917C, 
52. 

Instructions  in  prosecution  for.     1917C,  52. 

Conviction  secured  by  perjury  of  complain- 
ing witness  as  evidence  of  probable 
cause  in  action  against  him  for  mali- 
cious prosecution.  1917D,  408. 


PERMIT. 

For  building.    1915D,  595. 
To    run    motor    car    over    railroad    tracks. 
1915E,  1170. 


PERPETUITIES. 

In  general. 

Effect  of  adverse  possession  by  trustee  to 
bar  recovery  on  ground  that  trust  vio- 
lates rule  against  perpetuities.  1917C, 
937. 

Validity  of  active  trust  to  continue  beyond 
the  period  limited  by  the  rule  against 
perpetuities.  1917C,  937. 

Suspension  of  the  absolute  power  of 
alienation. 

Annotation. 

Options  to  purchase,  and  the  rule 
against  perpetuities  or  against  un- 
due suspension  of  the  power  of 
alienation.  1917D,  9O4. 


330 


PERPETUITIES;  PERSONAL  INJURIES. 


Validity  of  fifty-year  option  for  a  thirty- 
year  mining  lease.  1917D,  900. 

Effect  of  devise  which  vests  in  devisee  an 
unconditional  estate  subject  to  payment 
of  certain  legacies  within  certain  time 
to  suspend  power  of  alienation.  1917A, 
611. 


PERSONAL    INJURIES. 

Splitting  of  cause  of  action  for,  see  ACTION 
OB  SUIT. 

By  automobile,  see  AUTOMOBILES. 

On  bridge,  see  BBIDGES. 

To  passenger,  see  CABBIEBS. 

Liability  of  charitable  institution  for,  see 
CHABITIES. 

Conflict  of  laws  as  to  liability  for,  see  CON- 
FLICT OF  LAWS. 

Measure  of  damages  for,  see  DAMAGES. 

Right  of  action  for  death,  see  DEATH. 

On  elevators,  see  ELEVATOBS. 

Relevancy  of  evidence  as  to  negligence  gen- 
erally, see  EVIDENCE. 

Opinion  evidence  as  to  cause  or  effect  of, 
see  EVIDENCE. 

Evidence  of  other  accidents  or  defects  in 
action  for,  see  EVIDENCE. 

Resulting  from  fright,  see  FBIGHT. 

In  highways,  see  HIGHWAYS;  NEGLIGENCE. 

To  infant,  see  INFANTS. 

To  guest  at  hotel,  see  INNKEEPERS. 

Insurance  against,  see  INSUBANCE. 

To  passenger  in  jitney  bus,  see  JITNEY 
BUSSES. 

On  leased  premises,  see  LANDLOBD  AND  TEN- 
ANT. 

Limitation  of  time  for  action  for,  see  LIMI- 
TATION OF  ACTIONS. 

To  employee,  generally,  see  MASTER  AND 
SERVANT. 

New  trial  in  action  for,  see  NEW  TRIAL. 

Resulting  from  malpractice  of  physician, 
see  PHYSICIANS  AND  SURGEONS. 

Pleading  in  action  for,  see  PLEADING. 

Proximate  cause  of,  see  PROXIMATE  CAUSE. 

On  railroad  track,  see  RAILROADS. 

Release  from  liability  for,  see  RELEASE. 

On  street  car  tracks,  see  STREET  RAILWAYS 

Instruction  in  action  for,  see  TRIAL. 

What  constitutes,  within  meaning  of  Work- 
men's Compensation  Act,  see  WORK- 
MEN'S COMPENSATION. 

In  general,  see  NEGLIGENCE. 

Annotations. 

Liability  of  benevolent  or  fraternal  so- 
ciety for  injury  to  person  during 
initiation  or  expulsion.  1917C, 
476. 

Liability  for  injury  to  person  other 
tli  a>i  passenger  or  employee  by  de- 
railment of  street  car.  1917D, 
815. 

Power  of  court  to  require  owner  of 
premises  or  property  to  permit  in- 
spection in  negligence  cases. 
1917E,  838. 


May  substantive  laic  of  state  be  ini-oh-cd 
in  an  action  for  personal  in  juries, 
not  resulting  in  death,  on  waters 
within  the  maritime  jurisdiction. 
1917F,  678. 

Conflict  of  laws  as  to.     1915F,  955. 

New  theory  as  to  liability  for,  on  appeal. 
1915A,  363. 

Allegation  of  damages  by.  191 5D,  834; 
1915F,  992. 

Presumption  and  burden  of  proof  as  to 
cause  of.  1915D,  524;  1917D,  15. 

Presumption  as  to  conscious  suffering  of  one 
injured.  1918C,  817. 

Sufficiency  of  evidence  to  go  to  jury  in  per- 
sonal injury  case.  1915E,  267;  101 5F, 
11,  866;  1916D,  836;  1917B,  1245; 
1917E,  250. 

Sufficiency  of  proof  of  cause.     1916E,  1201. 

Evidence  of  declarations  as  to,  generally. 
1915D,  334,  503;  1915E,  812;  1916D, 
311;  1917F,  896. 

Evidence  of  exclamations  and  indications 
of  pain  by  person  injured.  1915F,  902. 

Hypothetical  question  to  expert  as  to  ex- 
tent of.  1915F,  992. 

Opinion  evidence  as  to  effect  of.  1917E, 
215. 

Admissibility  under  pleading  of  evidence  in 
action  for.  1916A,  943;  1916C,  1208; 
1916D,  644. 

Variance  between  pleading  and  proof  in 
action  for.  1915A,  781;  1915F,  558, 
866,  992,  1000. 

Prejudicial  error  in  admission  of  evidence 
in  action  for.  1915A,  153;  1915D,  305; 
1916D,  311,  1035. 

Instructions  in  action  for.  1915B,  426; 
1915D,  834;  1915E,  721;  1915F,  803. 

Insufficiency  of  verdict  in  action  for.  1915E, 
991. 

Punitive  damages  for.     1917F,  717. 

Splitting  of  cause  of  action  for.  1916B, 
742;  1916D,  1164. 

Survivability  of  cause  of  action  for.  1915E, 
1102,  1141. 

Setting  aside  release  for  cause  of  action  for. 
1917E,  399. 

Physical  examination  of  plaintiff.  1917E, 
405. 

To  unborn  children.     1917B,  334. 

To  married  woman,  husband's  ri«ht  of  ac- 
tion for.  1915D,  524;  1917^410. 

Right  of  wife  to  recover  for  personal  injury 
to  husband.  1916E,  700. 

Defense  that  person  injured  was  violating 
Sunday  law  at  time  'if  injurv.  1917A, 
128. 

Received  in  fighting  prairie  fire  negligently 
set.  1915E,  991. 

As  result  of  use  of  street  for  show  or  fair. 
1915F,  568. 

By  explosion  of  gas.  191 5D,  830;  1916A, 
1224;  1916D,  1138. 

Right  to  show  who  employed  physician  who 
attended  injured  person.  1915A,  ]53. 

Fraud  in  preventing  person  injured  by  an- 
other's negligence  from  bringing  an  ac- 
tion therefor.  1017F,  717. 

Danger  of,  as  element  of  damages  in  con- 
demnation proceedings.  1916A,  1079. 


PERSONAL  INJURIES— PHYSICAL  EXAMINATION. 

PER   STIRPES. 


331 


Right  of  one  having  a  judgment  against  a 
contractor  for  personal  injuries  to  take 
advantage  of  his  failure  to  file  -assign- 
ment of  funds  due  under  his  contract. 
1917F,  1123. 


PERSONAL    JUDGMENT. 

On  service  by  publication.  1915B,  881; 
1917C,  1140;  1917F,  458. 

In  favor  of  one  defendant  in  a  foreclosure 
suit,  against  a  codefendant  who  did  not 
appear.  1917D,  1029. 

Right  of  materialman  having  lien  on  prop- 
erty to  deficiency  judgment  against 
owner.  1915F,  1132. 


PERSONAL    LIABILITY. 

Of  purchaser  of  mortgaged  property  for 
payment  of  mortgaged  debt.  1917C, 
590. 


PERSONAL  PROPERTY. 

Mortgage  on,  see  CHATTEL  MORTGAGE. 
Damages  for  injury  to,  or  taking  or  deten- 
tion of,  see  DAMAGES. 
Sale  of,  see  SALE. 

Annotations. 

What    is    "personal    property"    within 

registration  fairs.     1917C,   629. 
Right  to  assess  for  the  construction  and 

maintenance     of     levees.       1917F, 

1OO3. 

What  is,  within  statute  providing  for  re- 
cording of  mortgages  on.  1917C,  628. 

Assessment  of,  for  cost  of  constructing  levee. 
1917F,  999. 

Cost  of  removal  of,  as  element  of  damages 
in  condemnation  proceedings.1  1916D, 
713. 


PERSONAL    RIGHTS. 

Injunction  to  protect,  see  INJUNCTION. 


PERSONAL  SERVICES. 

In  general,  see  MASTER  AND  SERVANT;  PRIH- 

of. 


CIPAL  AND  AGENT. 


Injunction      to     compel      performance 
1915A,  820;   1916E,  682. 


PERSONALTY. 

See  PERSONAL  PROPERTY. 


Distribution     per     atirpes.       1916A,     718; 
1917D,  596. 


PESTHOUSE. 


Liability  of  municipality  for  injury  result- 
ing from  defective  condition  of.  1916D, 
626. 


PETITION. 

Of  plaintiff,  see  PLEADING. 

For  recall  of  officers.     1915B,  232;   1916D, 

1097. 
Liability  for  conspiracy  of  persons  petition- 


ing for  revocation  of  license. 
391. 


1916D, 


PETROLEUM. 

In  mines,  generally,  see  MINES. 
See  also  OIL. 


Annotation. 
Keeping     of,      on 
1917C,  278. 


insured     premises. 


PHARMACISTS. 

See  DBUGS  AND  DRUGGISTS. 


PHOSPHORUS. 


Annotation. 
Keeping      of,      on 
1917C,  278. 


insured     premises. 


Use  of,  as  part  of  moving  picture  film. 
1915C,  839. 

Admissibility  in  evidence.  1916E,  763; 
1917F,  890,  1043. 

Weight  of  photographs  as  evidence.  1916E, 
1222. 

Injunction  against  circulation  of  photo- 
graphs of  pardoned  convict.  1916A, 
739. 

Mandamus  to  compel  destruction  of  photo- 
graphs of  pardoned  convict.  1916A, 
739. 


PHYSICAL  EXAMINATION. 

See  DISCOVERY  AND  INSPECTION. 


332 


PHYSICIAN'S  AND  SURGEONS. 


PHYSICIANS    AND     SURGEONS. 

In  general. 

Right  to  practise. 

Rights,  duties,  and  liabilities. 

—  in  general. 

—  negligence ;   malpractice. 


In  general. 

As  to  dentists,  see  DENTISTS. 

Annotation. 

Medical  services  as  necessaries  within 
statute  rendering  wife  or  her  prop- 
erty liable  therefor.  1917F,  863. 

Injury  to  practice  of,  by  enforcement  of 
rules  of  benevolent  society.  191 6B,  835. 

Libel  by  member  of  medical  association  in 
giving  name  of  slow-pay  patients  to 
list  prepared  by  association.  19166, 
915. 

Servant's  authority  to  employ.     1915C,  808. 

Allowance  for  medical  services  under  Work- 
men's Compensation  Act.  1916F,  957. 

Liability  for  failure  to  employ  physician 
for  injured  employee.  1915C,  789. 

Extent  of  recovery  against  employer  of  sur- 
geon called  to  Attend  employee.  1916E, 
110. 

Liability  for  services  of  physician  to  infant. 
1916B,  1111. 

Measure  of  damages  for  failure  to  furnish 
telephone  service  to  summon  physician. 
1916D,  186. 

'Effect  of  wrong  treatment  by,  on  measure 
of  damages  for  personal  injuries. 
191 5D,  883. 

Liability  of  carrier  for  negligence  of  phy- 
sician employed  to  treat  injured  passen- 
ger. 1915D,  883. 

Privileged  communications  to.  1915C,  834; 
1915F,  888;  1916A,  475,  519. 

Evidence  of  opinions  of.  1915 A,  1078; 
191 5F,  992. 

Admissibility  in  evidence  of  account  books 
of.  1915F,  803. 

Injunction  against  breach  of  contract  by 
physician  not  to  engage  in  competition 
with  another.  191 5B,  206. 

Refusal  to  transport  physician  on  detoured 
train.  1915B,  761. 

Right  to  practise. 

Annotation. 

Application  of  statutes  regulating  the 
practice  of  medicine  to  persons 
f/iring  special  kinds  of  treatment. 
19 17C,  S32. 

Ambiguity  of  statute  denning  unprofession- 
al conduct.  1916D,  436. 

Partial  invalidity  of  statute  as  to  license. 
1917D,  996. 

Who  may  question  constitutionality  of  stat- 
ute as  to  license.  1917D,  996. 

Delegation  of  power  as  to  license.  1917D, 
996. 


Rights  conferred  by  license  to  practise  oste- 
opathy.    1917D,  996. 

Christian    Science    healing    as    practice    of 

medicine.     1917C,  816. 

I  Revocation  of  license.     1915A,  691 ;   1916D, 
436. 


Rights,  duties,  and  liabilities. 

—  in  general. 

Annotation. 

Amount    of    compensation    for    profes- 
sional services.      1917  A,    1267. 

Obtaining    professional    services    of    physi- 

cians by  false  pretenses.     1917E,  1046. 
Compensation;   amount  of.     1917  A,  1264. 
Liability  of  parent  for  services  of,  to  child. 

1916B,  1111;   1917B,  690. 
Liability  of  relatives  for  emergency  service* 

to  pauper.     1915E,  844. 
Liability  of  physician  for  disclosing  confi- 

dential communications.     1917C,  1128. 
Breach     of     contract     to     attend     patient. 

1916B,  622.  . 
Liability  of  physician  who  incites  fictitious- 

suit.     1915B,  689. 
Liability    of    physician    for    negligence    of 

nurse  in  hospital.    1915D",  334. 

—  negligence;  malpractice. 


When  statute  commences  to  run 
against  action  for  maljtractice. 
1917C,  1152. 

Effect  of  Workmen's  Compensation  Act 
on  employee's  right  to  recover  for 
malpractice  of  attending  physician. 
1917D,  172. 

Criminal    liability   of   physician    for    negli- 

gence.    1915D,  201. 
Degree  of  care  and  skill  required.     1916D, 

644. 
Trying  remedy  known  and  approved  by  the 

profession   though   not  generally   used. 

1915C,  595. 
Admissibility  of  evidence  under  pleading  in 

action  for  malpractice.     191GD,  644. 
Prejudicial  error  in  admission  of  evidence. 

1916D,  644. 
Sufficiency  of  evidence  to  show  malpractice. 

1915C,  595;  1916D,  644. 
Measure  of  damages  in  action  for  malprac- 

tice.    191  5D,  644. 
When  limitations  begin  to  run  against  ac- 

tion for  malpractice.     1917C,  1169. 
Acceptance  by  injured  employee  of  compen- 

sation   from    employer    for    physician's 

services  as  bar  to  action  for  malprac- 

tice against  physician.     1917A,  302. 
Right     of     injured     employee     to     recover 

against  physician  employed  bv  master. 

1910D,  644. 
Right  of  employee   accepting  provisions  of 

Workmen's  Compensation  Act  to  main- 

tai::    action    for    malpractice.      191GF, 

319. 


PHYSICIANS  AND  SURGEONS— PLEADING. 


333 


Augmenting  recovery  under  Workmen's 
Compensation  Act  where  injury  was 
prolonged  by  negligent  surgical  treat- 
ment. 1916E,  1201. 

Employer's  liability  insurance  as  covering 
claim  for  malpractice  of  physician  fur- 
nished by  employer  to  treat  injured  em- 
ployee. •  1915C,  155. 


PIAZZA. 


See  POBCH. 


PICKETING. 

Injunction  to  restrain.     1917E,  389. 
Picketing  of  boycotted  theater  as  a  nuis- 
ance.    1917E,  383. 


PIGS. 

Annotation. 

Keeping  of,  as  nuisance.     1917C,  212. 

Keeping  of,  as  nuisance.    1517C,  211. 


PIPE  LINE. 

Easement  for.    1915C,  355;  1915E,  432. 


PIPES. 

As  to  water  mains  generally,  see  WATERS. 

Annotations. 

Liability  for  damage  to   service   mains 

by    excavating    in    street.      1917  E, 

1O94. 
Easement  of  ivay  as  including  right  to 

lay  pipes.     1917F,   449. 

Easement  for  water  pipes.  1915C,  355; 
1915E,  432. 

Eight  to  use  private  way  for  access  as  in- 
cluding right  to  lay  pipes  therein. 
1917F,  446. 

Who  must  bear  expense  of  laying  service 
pipes  between  water  mains  and  prop- 
erty of  consumer.  1915 A,  246;  1916E, 
258. 

Injury  to  persons  by  piineturing  of  gas 
pipes  beneath  street  by  steam  roller. 
1916A,  1224. 

Injury  to  gas  mains  laid  in  street  resulting 
from  construction  of  sower.  1917E, 
]092. 

Injury  to  lessee's  property  by  leaking  or 
bursting  of.  1917B,  222/238. 

Rescission  of  land  contract  for  vendor's 
breach  of  agreement  to  lay  water  mains 
to  the  property.  1917B,  401. 


PLACE. 

Place  of  trial,  see  VENTJE. 

Of  delivery   by  carrier.     1917D,  916. 


PLAINTIFF. 

Parties  plaintiff,  see  PASTIES. 


PLANT   DISEASES. 

Conferring  judicial  power  on  fruit  inspec- 
tor. 191 5F,  894. 

Requiring  destruction  of  diseased  fruit. 
]915F,  894. 

Destruction  by  legislative  authority  of  trees 
affected  by.  1917C,  894. 

Plurality  of  subjects  in  statute  for  protec- 
tion against.  1917C,  894. 


PLAT. 

See  MAPS  AND  PLATS. 


PLATFORM. 

Contributory  negligence  in  riding  on,  see 
CABBIEBS. 

Compelling  passenger  to  ride  on  platform. 
1915B,  915. 

Municipal  regulations  as  to  passengers  rid- 
ing on.  1915F,  792. 


PLAYGROUND. 

Liability   of   city   for   injury   to   child   on. 
1915C,  435;   1915D,  1108. 


PLEADING. 

In  general. 
Verification. 

Definiteness;  particularity. 
Inconsistency;  repugnancy. 
Conclusions. 

Defects  waived  or  cured;  time  for  ob- 
jections. 

Exhibits;  profert;  oyer. 
Pleading  laws  and  ordinances. 
Judgment  on  pleadings. 
Relief  under  pleadings. 
Admissions. 
Amendments. 
Supplemental  pleading. 
Striking  out. 

Misjoinder;  multifarionsness. 
Duplicity. 


334 


PLEADING. 


Declaration  or  complaint. 

—  in  general. 

—  statement  of  canse  generally. 

—  negation  of  defense. 

—  prayer;    allegations    as   to    dam- 

ages. 

—  on  contract  liability. 

—  for  negligence. 

—  for  libel  and  slander. 

—  for  torts,   injuries,   or  nuisance. 

—  as  to  corporate  matters. 

—  miscellaneous. 
Pleas  and  answers 

—  in  general. 

—  what  must  be  pleaded. 

—  sufficiency. 
Reply. 
Demurrer. 

—  in  general;   form. 

—  when  lies;  what  demnrrable. 

—  what    questions    raised    by    de- 

murrer. 

—  what  admitted  by  demurrer. 

—  effect;  practice. 


In  general. 

In  admiralty,  see  ADMIRALTY. 

Review  of  discretion  as  to,  on  appeal,  see 
APPEAL  AND  ERROR. 

Raising  objection  to,  for  first  time  on  ap- 
peal, see  APPEAL  AND  ERROR. 

Reversal  for  error  as  to,  see  APPEAL  AND 
ERROR. 

In  criminal  prosecution,  see  CRIMINAL 
LAW;  INDICTMENT,  ETC. 

As  evidence,  see  EVIDENCE. 

Evidence  admissible  urf'er,  see  EVIDENCE. 

Variance  between  pleading  and  proof,  see 
EVIDENCE. 

In  mandamus  proceeding,  see  MANDAMUS. 

Election  between  counts,  see  TRIAL. 

Estoppel  to  object  to  ruling  on.    1016E,  618. 

Consideration  of  interlocutory  order  on  ap- 
peal. 1916C,  1275. 

Collateral  attack  on  judgment  for  defects 
in.  1916E,  298,  303,  312. 

Verification. 

Verification  of  information,  see  INDICT- 
MENT, ETC. 

Necessity  of  denial  under  onth  of  allega- 
tions of  execution  of  written  instru- 
ments and  indorsements  thereof. 
1916A,  731. 

Of  specifications  of  charges  in  disbarment 
proceedings.  1915D,  1218. 

Of  facts  stated  in  application  for  mandamus. 
1916F,  1033. 

Definibeness;  particularity. 

Demurrer  to  petition  because  of  indefinite- 
ness.     1915A,  317;  1915E,  1057. 
As  to  extent  of  damages.     1916F,  216. 
As  to  defects  in  title.     1915E,  271. 

Inconsistency;  repugnancy. 

Allegation  that  ejectment  of  passenger  was 
done  negligently,  wilfullv,  and  mali- 
ciously. 1915E/145. 

Inconsistent  defenses.     1916C,  358. 


Conclusions. 

Allegation  that  affidavit  of  illegality  served 
on  sheriff  was  properly  witnessed  and 
executed.  1917B,  513. 

Allegation  in  bill  for  separate  maintenance 
of  insults,  mistreatment,  humiliation, 
etc.,  as  a  conclusion.  1917D,  773. 

Allegation  that  arrest  was  made  by  deputy 
in  his  official  capacity.  1915E,  172. 

Defects  waived  or  cured;  time  for  ob- 
jections. 

Questions  as  to,  considered  on  appeal,  see 
APPEAL  AND  ERROR. 

Waiver  of  demurrer.     1915A,  120,  731. 

Failure  to  demur,  or  answering  over  after 
demurrer,  as  waiver  of  failure  of  com- 
plaint to  state  substance  of  good  cause 
of  action.  1916C,  1275. 

Exhibits;  profert;  oyer. 

Reversible  error  in  failing  to  attach  exhibit 
to  complaint.  1915F,  711. 

Considering  as  part  of  petition  copy  of  in- 
strument on  which  suit  is  brought,  at- 
tached to  the  petition.  1916F,  873. 

Construing  allegations  of  petition  chal- 
lenged by  general  demurrer  in  connec- 
tion with  the  exhibits.  1917B,  208, 
.  558. 

Pleading  laws  and  ordinances. 

Law  of  other  state.    1916C,  767. 

Judgment  on  pleadings. 

In  action  upon  indorsed  negotiable  note. 
1917B,  364. 

Relief  under  pleadings. 

Prayer  for  relief.     1915B,  881. 

In  action  to  compel  corporate  directors  to 
account.  1915D,  632. 

Injunction  against  imposition  of  fines  bv 
labor  union  where  bill  contains  no  alle- 
gations that  they  were  intended  to  be 
imposed.  1917F,  755. 

Recovery  under  allegation  of  damages  in 
suit  to  enjoin  destruction  of  trees,  of 
statutory  penalty  for  such  destruction. 
1917F,  385. 

Admissions. 

Estoppel  by  admitting  portion  of  claim  in 
action  on  contract.  1916D,  792. 

Admission  of  surrender  of  policy  in  action 
on  insurance  policy.  1915A,  875. 

Amendments. 

Of  reply,  see  infra. 

Amended  complaint  for  damages  as  within 
injunction  bond  conditioned  to  pay  all 
damages.  1915A,  853. 

As  affecting  limitation  of  actions.  1916B, 
910;  191GD,  316;  1917F,  414.  I 

Right  to  consider  motion  to  dissolve  injunc- 
tion granted  on  bill  subsequently  held 
insufficient  where  an  answer  has  not 
been  filed  to  the  amended  bill.  ]!)17F, 
303. 

Sustaining  demurrers  to  pleas  before 
amendment.  1917F,  380 


PLEADING. 


335 


Review  of  discretion  as  to  amendment. 
3015A,  731;  1915D,  766;  1915F,  648; 
1917E,  490. 

Prejudicial  error  as  to.     191 5 A,  328. 

Rejection  of  amendment  to  pleadings  be- 
cause of  immateriality  or  delay.  1915F, 
984. 

Effect  of  failure  to  object  to  amendment. 
1915A,  731. 

Amendment  of  complaint  to  conform  to 
facts  proved.  1915D,  766. 

Amendment  of  petition  which  fails  to  state 
cause  of  action  where  defendants  are  at- 
tacking jurisdiction  of  court.  1916F, 
566. 

Amendment  of  answer  in  suit  on  promissory 
note.  1917C,  840. 

Right  to  file  nunc  pro  tune  amended  decla- 
ration tendered  after  lapse  of  time  al- 
lowed for  filing.  1917D,  652. 

By  defendant  after  close  of  plaintiff's  case. 
1917D,  750. 

Amendment  of  answer  setting  up  a  counter- 
claim. 1917B,  760. 

New  cause  of  action.  1916B,  910;  1916D, 
220;  1917F,  1043. 

As  to  parties.     1916B,  910. 

Striking  out  of  amendment  filed  too  late. 
1917D,  652. 

Supplemental  pleading. 

Abandonment   of   original   bill   by   filing   of 

supplement.     1917A,  971. 
In  quo  warranto.     1916D,  672. 

Striking  out. 

Prejudicial  error  as  to.  1915B,  678;  1915C, 
319;  1915E,  991. 

Striking  part  of  pleading.  1915C,  319; 
1915F,  1187;  1917D,  357. 

Striking  out  special  plea  setting  up  com- 
promise. 1917A,  1128. 

Striking  entire  pleading.     1916E,  721. 

Misjoinder;  multifariousness. 

Joinder  of  causes  of  action,  see  ACTION  OB 

SUIT. 

Multifariousness  of,  see  ACTION  OB  SUIT. 
Joinder  of  parties  defendant,  see  PARTIES. 

Duplicity. 

Duplicity  in  indictment,  see  INDICTMENT, 
ETC. 

Duplicity   in    plea    to   indictment.      1917B, 

608. 

Demurrer  for  duplicity.    1915E,  1057. 
Test  of  duplicity.     1915E,  465. 

Declaration  or  complaint. 

—  in   general. 

Disbarment  of  attorney  for  malicious  at- 
tack on  court  in  petition.  1915D,  1218. 

Insufficiency  of,  or  defects  in,  complaint  as 
ground  for  relief  from  judgment. 
1916E,  303. 

Sufficiency  of  objections  to.     1915A,  120. 

First  objecting  to,  on  appeal.  1915A,  120; 
1915D,  766;  1916D,  836. 

Errors  waived  or  cured  below.     1915C,  367. 

Complaint  in  contempt  proceeding.  1917E, 
551,  650. 


Complaint  in  disbarment  proceedings. 
1915A,  663. 

In  proceedings  to  revoke  license  of  physi- 
cian. 1916D,  436. 

—  statement  of  cause  generally. 

Effect  of  designating  action  by  wrong 
name.  1917C,  1128,  1176. 

—  negation  of  defense. 

Transfer  of  business  with  notice  as  matter 
of  defense  in  action  to  hold  former  pro- 
prietor liable.  1915F,  711. 

Limitation  of  actions.     1915E,  1192. 

—  prayer;  allegations  as  to  damages. 

Enlarging  scope  of  a  bill  by  the  prayer  for 

relief.    1917F,  755. 
Recovery   under  -allegation    of   damages   in 

suit  to  enjoin  destruction  of  trees,   of 

statutory  penalty  for  such  destruction. 

1917F,  385. 
Damages  by  personal  injuries.    1915D,  834; 

1915F,  992. 
Damages  by  libel  or  slander.     1916E,  667. 

—  on  contract  liability. 

Allegations     for     equitable     relief.     191 7B, 

267. 
Necessity  of  pleading  waiver   in  action  on 

insurance  policy.     1917F,  663. 
In  action  on  public  improvement  contract. 

1916E,  3175. 
Action  to  enforce  contract  on  behalf  of  an 

undisclosed   principal.     1917B,   564. 
In     action     to     enforce     insurance     policy. 

1917A,  1078;  1917E,  983. 
Action    for    ejection    of    passenger.     1917C, 

483. 

In  action  for  loss  of  baggage.     1916E,  487. 
In    suit   for    specific    performance    of    land 

•     contract.     1915C,  367. 
In  action  of  assumpsit  on  promissory  note. 

1916D,  220. 

—  for  negligence. 

In  action  for  death  of  child  drowned  in  un- 
guarded well.  1915A,  731. 

In  action  for  injury  to  boys  ordered  off 
moving  train.  191 7C,  1066. 

Injury  to  employee.     1917E,  182. 

In  action  for  injury  to  minor  employed  in 
violation  of  statute.  191 5F,  803,  1082. 

In  action  for  injury  to  property  by  blasting. 
1915E,  356. 

Denying  contributory  negligence.  1915C, 
33;  1915E,  500;  1915F,  558. 

Necessity  that  complaint  admit  contribu- 
tory negligence  to  permit  doctrine  of 
last  clear  chance  to  be  invoked.  1916A, 
943. 

—  for  libel  and  slander. 

Necessity  of  pleading  special  damages. 
1916B,  915;  1916E,  667;  1917F,  548. 

—  for  torts,  injuries,  or  nuisance. 

Allegations  of  negligence  causing  injury, 
see  supra. 

In  action  against  physician  for  disclosing 
confidential  communications.  1917C, 
1228. 


336 


PLEADING. 


Injury  to  real  property  by  blasting.    1915E,  | 
356. 

In  action  for  refusal  of  service  by  telephone 
company.  1915E,  455. 

In  action  for  inducing  breach  of  contract. 
1915F,  1076. 

In  action  for  refusal  of  gas  company  to  con- 
tinue to  supply  consumer.  1915A, 
1208. 

Malicious  prosecution.  1916E,  1277; 
1917B,  350. 

—  as  to  corporate  matters. 

In  action  to  hold  directors  personally  liable 
for  failure  to  file  certificate  of  payment 
of  capital  stock  as  required  by  statute. 
1915D,  1028. 

Allegations  as  to  lack  of  authority  of  corpo- 
rate officer  to  draw  checks  to  his  own 
order.  1915B,  720. 

—  miscellaneous. 

Annotations. 

Attack  on  divorce  decree  on  ground  of 
infirmities  of  pleadings  in  divorce 
suit.  1917B,  4:68. 

In  action  attacking  divorce  decree  for 
causes  other  than  lack  of  jurisdic- 
tion. 1917B,  5O9. 

Failure  in  suit  on  judgment  to  allege  that 

the  judgment  is  final  and  not  appealed 

from.     1916A,  1181. 
Sufficiency     of     allegation     of     insolvency. 

1917F,  263. 

Equitable  relief.     1917B,  267. 
Injunction.    1916F,  1001;  1917B,  267;  1917F, 

755. 
Suit     for     separate     maintenance.     1917D, 

773. 
In  prosecution  for  fraudulent  statements  as 

to  drugs.    1916D,  164. 

Pleas  and  answers. 

—  in  general. 

Amendment  of  answer,  see  supra. 
Striking  out  answer,  see  supra. 
Evidence  admissible  under,  see  EVIDENCE. 

Annotations. 

Availability  of  plea  of  limitation  and 
plea  to  the  merits  against  the  same 
cause  of  action.  1917C,  71. 

Garnishment  proceedings  and  an  action 
to  recover  the  debt  pending  in  dif- 
ferent states  or  countries  as  sus- 
taining plea  in  bar  or  abatement. 
1917F,  1O1O. 

Errors  waived  or  cured  below.     1916D,  777. 

Refusal  of  motion  to  have  entire  answer 
stricken  out  where  part  of  it  is  respon- 
sive. 1915E,  991. 

Rejection  of  plea  which  raises  no  substan- 
tial defense.  1916E,  618. 

Necessity  of  traverse  of  answer  in  contempt 
proceeding.  1017E,  650. 

Exceptions  to  entire  paragraph  which  con- 
tains averments  responsive  to  the  bill. 
1917D,  357. 


Mode   of  raising  objections.      1917D,   440; 

1917F,  935,  1013. 
General   denial.     1917B,   1061. 
Plea  in  bar  or  in  abatement.     1915B,  665; 

1917F,  1013. 

—  what  must  be  pleaded. 

Prejudicial  error  as  to.    1915A,  288. 

Necessity  of  pleading  that  complainant  does 
not  come  into  court  with  clean  hands 
1916D,  116. 

Necessity  of  pleading  facts  constituting 
special  or  affirmative  defense.  1917F, 
890. 

Necessity  that  distributing  company  allege 
offer  to  deliver  the  cars  to  the  dealer  in 
action  against  it  by  automobile  dealer 
to  recover  advances  made  under  auto- 
mobile distribution  contract.  191 5B, 
109. 

Necessity  of  pleading  amount  of  mortgaged 
debt  in  action  for  conversion  of  mort- 
gaged chattels  by  mortgagee.  1915E, 
192. 

Claim  that  damages  to  surface  caused  by 
mining  operations  were  necessarily  in- 
cident to  the  operations.  1917C,  1190. 

Unconstitutionality  of  law.     1917F,  802. 

Custom  or  usage.     1917F,  571. 

Statute  of  Frauds.    1917B,  1061. 

Estoppel.  1915A,  288;  1916B,  697;  1917E, 
539. 

Assumption  of  risk  by  servant.     1915C,  9. 

Contributory  negligence.    1917F,  890. 

—  sufficiency. 

Annotation. 

Sufficiency  of  general  averment  of  want 
of  consideration.  1917F,  581. 

Sufficiency  of  plea  of  duress.     1917D,  440. 

Statute  of  Frauds.    1917B,  1061. 

Contributory  negligence.     1917F,  890. 

Defense  that  contract  violated  anti-trust 
laws.  1917B,  803. 

General  averment  that  note  is  without  con- 
sideration. 1917F,  579. 

As  to  right  of  foreign  corporation  to  en- 
force contract.  1915B,  665. 

Answer  in  action  on  guaranty.  1916F, 
1228. 

Reply. 

Necessity  and  propriety  of.    1916B,  1218. 

First  objecting  on  appeal  to  absence  of  re- 
ply. 1915E,  1047. 

Treating  unnecessary  reply  as  part  of  peti- 
tion. 1915B,  793. 

Replication  containing  facts  which  might 
have  been  proved  under  general  nlT-ji- 
tion  of  the  complaint.  1917F,  3S  ' 

Reply  seeking  relief  for  mutual  mistake 
from  release  pleaded  in  defense  of  ac- 
tion for  injuries.  1916B,  769. 

Departure  in  reply  to  answer  in  action  by 
broker  for  commission.  1915A,  804. 

Sufficiency  of  reply  to  claim  of  accommoda- 
tion maker  to  release  from  liability  for 
note.  1916C,  767. 

Amendments.    1915F,  648. 


PLEADING;  PLEDGE  AND  COLLATERAL  SECURITY. 


337 


Demurrer. 

—  in  general;  form. 

Demurrer  to  evidence,  see  TRIAL. 

Failure  to  demur,  or  answering  over  after 
demurrer,  as  waiver  of  failure  of  com- 
plaint to  state  substance  of  good  cause 
of  action.  1916C,  1275. 

Waiver  of  demurrer.     1915A,  120,  731. 

Dismissal  of  appeal  from  judgment  sus- 
taining demurrer.  1917B,  329. 

Demurrer  to  bill  on  ground  of  existence  of 
fact  which  des  not  appear  in  the  bill. 
1915E,  1006. 

Demurrer  to  return  in  mandamus  proceed- 
ing. 1915D,  288. 

•Construing  allegations  of  petition  chal- 
lenged by  general  demurrer  in  connec- 
tion with  the  exhibits.  1917B,  208, 
558. 

General  demurrer  by  one  of  two  defendants 
to  count  disclosing  lack  of  right  of 
action  against  him  on  its  face.  1917D, 
440. 

Effect  of  general  and  joint  demurrer  of  two 
defendants  to  reach  question  of  pro- 
priety of  joinder  of  one  of  them. 
1917D,  1002. 

General  demurrer  to  petition,  one  para- 
graph of  which  is  good.  1915E,  465. 

General  demurrer  in  equitable  actions. 
1916B,  611. 

Taking  advantage  of  argumentativeness  by 
general  demurrer.  1915C,  33. 

General  demurrer  to  petition  in  action  to 
enjoin  interference  with  business  of 
lodging  housekeeper  by  city  officers. 
1915B,  1097. 

Sufficiency  of  allegations  of  negligence  in 
frightening  horse  as  against  general  de- 
murrer. 191 5D,  617. 

Special  demurrer.     1915B,  900;   1915C,  33. 

—  when  lies;  what  demurrable. 

Demurrer  to  complaint  which  designated 
action  by  wrong  name.  1917C,  1128. 

Inconsistency  as  ground  of  demurrer. 
1915E,  145. 

For  failure  of  petition  to  state  cause  of  ac- 
tion. 1915F,  623;  1917D,  357. 

For  duplicity.     1915E,  1057. 

For  indefiniteness  of  pleading.  1915E,  1057 ; 
1916F,  216. 

Demurrer  to  complaint  for  negligent  injury 
which  discloses  contributory  negligence 
on  its  face.  1915F,  638;  1916F,  1287. 

Failure  of  complaint  for  personal  injury 
which  seeks  recovery  of  doctor's  bills 
to  state  amount  thereof.  1916F,  216. 

To  portion  of  bill  for  damages  against  trade 
union  which  seeks  to  enjoin  withdrawal 
of  its  funds  from  a  bank.  ]915E,  1006. 

To  bill  for  partition  because  of  improper 
description  of  the  property.  1916C, 
693. 

To  petition  in  action  for  specific  perform- 
ance of  land  contract.  1915A,  317. 

In  action  for  breach  of  warranty.  1915B, 
900. 

L.R.A.  Tri.  Index  1915-17.— 22. 


Construing  allegation  that  wife  had  not 
been  divorced  from  former  husband  as 
against  demurrer,  as  intended  to  libld 
that  such  husband  was  still  living. 
1916C,  77. 

Sufficiency  of  answer  in  action  on  note  sot- 
ting up  want  of  consideration  as 
against  a  general  demurrer.  1917F, 
579. 

—  what  questions  raised  by  demurrer. 
Raising  defense  of  limitations  by  demurrer. 

1917F,  935. 

—  what  admitted  by  demurrer. 
Raising  by  demurrer  defense  of  former  suit 

pending.     1917A,  671. 

—  effect;  practice. 

Collusiveness  of  judgment  on  demurrer, 
see  JUDGMENT. 

Considering  allegations  of  the  two  bills  to- 
gether upon  demurrer  to  an .  original 
and  a  supplemental  bill.  1916D,  1230. 

Following  rulings  of  another  judge  on  de- 
murrer filed  in  the  case.  1916F,  1228. 

Presumptions  on  appeal  as  to  rulings  on 
demurrer.  1915E,  465. 

Prejudicial  error  as  to.  1916C,  767;  1916D, 
761;  1917F,  380. 

Waiver  of  objection  as  to  demurrer.  1916C, 
752. 

Necessity  of  bill  of  exceptions  to  bring  up 
for  review  ruling  on  demurrer.  1915F, 
551;  1916C,  1275. 

Effect  of  appeal  from  final  judgment  to 
bring  up  for  review  exceptions  to  order 
overruling  a  general  demurrer.  1916C, 
1275. 

Judgment  on  appeal  in  case  of  technical 
error  in  overruling  demurrer.  1915C, 
1183. 


PLEDGE     AND     COLLATERAL     SE- 
CURITY: 

In  general;  validity. 

Rights    of  parties   and   third   persons. 


In  general;  validity. 

Warehouse  receipts,  see  WAREHOUSEMEN. 

Annotation. 

Pledge  of  securities  of  insolvent  "bank, 

as  an  unlawful  preference.   19 17 A, 

7O1. 

Construing  blank  in  provision  In  note  as  to 
collateral  as  referring  to  the  maker  of 
the  note.  1915F,  U68. 

Application  by  holder  of  note  of  proceeds  of 
sale  of  securities  as  credit  on  note. 
1916A,  731. 

Pledge  of  corporate  bonds  as  collateral  se- 
curity for  debt  of  corporation.  1916E, 
563. 


338 


PLEDGE  AXD  COLLATERAL  SECURITY— POLICE. 


Rights    of  parties   and   third   persons. 


Succession  or  inheritance  tax  on  in- 
terest of  pledgeor  or  pledgee. 
1917F,  278. 

Pledge  by  mortgagee  of  his  interest  in 
the  mortgage  debt  or  property  as 
affecting  his  right  against  insurer. 
1917E,  33O. 

Responsibility  of  holder  of  paper  as 
collateral  security  for  default  of 
those  to  whom  the  paper  is  intrust- 
ed for  collection.  1917E,  5O9. 

Transfer  tax  on  interest  of  nonresident  de- 
ceased pledgeor  of  stock  of  domestic 
corporation.  191  7F,  273. 

Estoppel  of  third  person  to  set  up  rights 
against  pledgee.  191  6  A,  629. 

Assignment  of  proceeds  of  contract  due  and 
,  to  become  due  as  a  pledge.  1916D, 
361. 

Pledge  as  collateral  for  debt  of  mortgagee 
of  notes  secured  by  mortgage  as  a 
change  of  title  or  interest  within  mean- 
ing of  insurance  policy  on  property. 
1917E,  328. 

Liability  of  bank  holding  note  as  collateral 
to  owner  for  negligence  of  correspond- 
ent to  whom  note  was  sent  for  collec- 
tion. 1917E,  506. 

Effect  on  negotiability  of  note  of  provision 
for  additional  collateral.  1915B,  472; 
1915F,  777.  . 

Release  of  accommodation  maker  of  note  by 
permitting  payee  to  withdraw  collater- 
al. 1916C,  767. 

Lien  of  one  purchasing  draft  by  domestic 
upon  foreign  banker,  upon  collateral  de- 
posited to  secure  payment  of  such 
drafts.  1915B,  438. 

Effect  of  draft  on  bank  with  which  collat- 
eral has  been  deposited  to  meet  over- 
drafts to  work  assignment  of  an  inter- 
est in  the  collateral  sufficient  to  meet 
the  draft.  1916C,  12. 

Conversion  by  one  taking  from  pledgeor,  as 
collateral  security,  bonds  merely  in- 
trusted to  him  for  safe  keeping.  1916A,* 
629. 

Right  of  one  depositing  stock  to  cover  mar- 
gins to  return  thereof  on  bankruptcy  of 
broker  as  against  one  to  whom  broker 
had  pledged  the  shares.  191  6F,  488. 

Right  of  indorsee  of  note  secured  by  collat- 
eral to  apply  collateral  to  other  claims 
held  by  him  against  maker.  1915F, 
968. 

Right  of  pledgee  to  hold  collateral  security 
for  note  of  corporate  promoter  for  en- 
forcement of  contract  previously  made 
by  promoter.  1916A,  568. 


POCKET  PICKING. 

As  within  protection   of   insurance  against 
loss  by  robbery.     1917D,  684. 


POISONING. 

As  to  blood  poisoning,  see  BLOOD  POISONING. 

Death  of  insured  from.  1915A,  314;  1916A, 
475;  1916E,  1203;  1917A,  1050;  1917F, 
481. 

Recovery  for,  under  Workmen's  Compensa- 
tion Act.  1916D,  1013;  1916E,  510. 


POISON  IVY. 

Death  of  insured  resulting  from  chance  con- 
tact with.     1915A,  314. 


POLES. 

Annotation. 

Duty    to    change    location    of   poles   in 
street  or  highway.    1917D,  663. 

Telephone  poles  in  highway.     1917D,   660. 
Liability  of  city  for  death  caused  by  fall  of 
pole  in  street.     1917B,  548. 


POLICE. 

Arrest  by,  see  ABBEST. 

Liability  for  false  imprisonment,  see  FALSE 
LMPBISONMENT. 

Evidence  of  other  crimes  in  prosecution  of 
police  officer  for  taking  bribe.  191 5B, 
103. 

Bond  of  policeman,  parol  modification  of 
terms.  1917B,  139. 

Liability  on  bond  of  policeman.    1917B,  139. 

Effect  of  constitutional  immunity  from  un- 
reasonable searches  and  seizures  as  pro- 
tection against  individual  misconduct 
of.  -  1915B,  834. 

Liability  of  city  for  acts  of.     1915E,  460. 

Liability  for  acts  of  special  police  officer. 
1915C,  1183;  1915F,  714;  1016E,  356. 

Liability  of  carrier  for  act  of  policeman  in 
expelling  passenger  from  station. 
1916E,  1107. 

Statute  setting  apart  fines  and  penalties  for 
police  pension  fund  as  repealing  act  en- 
titling superintendent  of  schools  to  such 
moneys.  •  1917B,  176. 

Requiring  street  railway  companies  to 
grant  free  transportation  to  police 
officers.  1917E,  1170. 

Injury  to  officer  in  charge  of  police  patrol 
wagon  by  street  car.  1915C,  419. 

Imputing  negligence  of  driver  of  police  pa- 
trol to  officer  riding  within.  1915C, 
419. 

Liability  of  owner  of  property  for  injury  to 
policeman  thereon.  1916B,  791. 

Recovery  under  Workmen's  Compensation 
Act  for  killing  of  night  watchman  by 
police  officer  in  belief  that  he  was  a 
robber.  1916D,  933. 


POLICE  JUDGE— POSTDATED  CHECK. 


339 


POLICE   JUDGE. 

Effeot  of  acceptance  of  office  of,  by  mayor, 
to  vacate  office  of  mayor.     1917A,  211. 


POLICE  PATROL. 

Injury  to  officer  in  charge  of  police  patrol 
wagon,  by  street  car.    1915C,  419. 


POLICE    POWER. 

In  general,  see  CONSTITUTIONAL  LAW;  MU- 
NICIPAL CORPORATIONS. 

Strict  construction  of  statute  passed  ia  ex- 
ercise of.  1917D,  310. 

Applicability  to  vessels  of  police  laws  of  the 
state.  1915F,  1140. 


POLITICAL    MATTERS. 

Injunction  against  publication  of.     1917A, 
160. 


POLITICAL    PARTIES. 

Nominations  by,  see  ELECTIONS. 


POLITICAL    QUESTIONS. 

Fower  of  court  to  review.     1917A,  276. 


POLITICAL    RIGHTS. 

Injunction  to  protect,  see  INJUNCTION. 


POLLUTION. 

Of  water  generally,  see  WATERS. 


PONDS. 

Annotation. 

Contributor!/  negligence  of  child  falling 
into.     1917F,  109. 

Drowning  of  child  in.    1916D,  443. 


POOL, 

Annotation. 

Game    of   pool   as   proper    subject    for 
police  regulation.      1917E,   318. 


Of    corporate    stock,    for    voting   purposes. 
1917A,  1174. 


POOR    AND    POOR    LAWS. 

As  to  mothers'  pensions,  see  MOTHEES'  PEN- 
SIONS. 

Liability  of  county  for  injuries  caused  by 
negligence  of  employee  in  charge  of 
poorhouse  and  farm.  1916B,  1261. 

Liability  of  relatives  for  medical  and  hospi- 
tal care  given  to  pauper  in  emergency. 
1915E,  844. 


POPULARITY    CONTEST. 

Annotation. 

Legality   of  voting   or  popularity   con- 
test.     1917D,    $89. 


PORCH. 

Liability  of  landlord  for  defective  condition 
of.    1915B,  98. 


PORTER. 

On  Pullman  car,  release  from  liability  for 
injury  to."   1915D,  510. 


POSSESSION. 

Adverse,  see  ADVERSE  POSSESSION. 

Of  complainant  in  action  to  remove  cloud 

from  title,  see  CLOUD  ON  TITLE. 
Notice  from,  see  NOTICE. 

Presumption   and   burden   of   proof   as   to. 

1915B,  475;  1916D,  761. 
As  basis  of  action  for  injury  to  property. 

1916F,  1289;  1917D,  214. 


POSTDATED  CHECK. 

Annotation. 

Effect  of  certification  of.     1917F,  1O99. 

Certification  of,  before  maturity.  1917F, 
1096. 

Garnishment  after  delivery  of  postdated 
check  for  amount  of  the  debt.  1917F, 
394. 

Power  of  president  to  bind  bank  to  pay  post- 
dated check  on  day  of  its  date.  1917F, 
1096. 


340 


POSTING  RATES— PREACHERS. 


POSTING  RATES. 

Of    carriers.      1915B,    450;     1917A,    265; 
1917B,  787;  1917C,  1124. 


POSTOFFICE. 

In.  gene-il. 

Duty  of  carrier  to  heat  mail  car.     1916E, 

464. 
Hural    mail    carrier    as    a    public    officer. 

1917A,  228. 
Giving  mail  carriers  right  of  way  in  street. 

1915D,  1021. 
Contract  to  use  influence  to  procure  removal 

of      postoffice      to      certain      location. 

1916D,  722. 
Right  of  state  to  enjoin  delivery  of  liquors 

sold     by     solicitation     through     mail. 

1916C,  291. 
Mailing  of   notice  within   time  limited   in 

contract  as   satisfying   requirement   of 

notice.     19]  5B,  181;  1916B,  1114. 
Effect  of  mailing  notice  of  protest  of  note. 

1915E,  139. 
Acceptance  by  mail  of  offer.     1916A,  1297. 

Mailable  matter;  transmission  and 
delivery  of  mails. 

Loss  or  destruction  of  mail  during  trans- 
mission. 1915 A,  374;  1917A,  655. 

Presumption  of  receipt  of  postal  card  prop- 
erly addressed  and  mailed.  1917C,  416. 

Loss  of  case  made  in  mail,  as  ground  for 
new  trial.  1917B,  1073. 

Crimes. 

Statements  of  district  attorney  in  prosecu- 
tion for  wrongful  use  of  mails.  1916D, 
1118. 


POSTPONEMENT. 

Of  sale  under  foreclosure.    1915B,  6^0. 


POSTS. 

Requiring  removal  of  posts  from  sidewalk. 
1916C,  561. 


POTATOES. 

Attachment    of    potatoes    in    car.      1915F, 

1184. 

Implied  v  irranty  on  sale  of.     1917F,  469. 
Effect  of  failure  of  purchaser  of  potatoes  to 

furnish     sacks     therefor     as     a-'reed. 

1916D,  728. 


POWDER  MAGAZINE. 

As  a  nuisance.     1915A,   G15. 


POWDER   MILL. 

Injunction    against    operation    of. 
615. 


1915A, 


POWERS. 

In  general. 

Power  of  sale  in  mortgage,  generally,  see 
MOKTGAGE. 

Foreclosure    under,    of    chattel    mortgage. 

1916C,  443. 

Of  attorney.     1915F,  £62. 
What  is  a  power  coupled  with  an  interest 

which  will  prevent  revocation  of  agency. 

1915A,  639. 
Of  disposal   in   will.     1915D,   153;    1916C, 

1040;  1917A,  168. 
Tax   on   property  passing  under   power   of 

appointment.     1917C,  975. 

Execution. 

Illusory  exercise  of  power  of  appointment. 
1916D,  493. 

Execution  of  power  by  will.    1916C,  1040. 

Will  providing  that  share  of  beneficiary 
which  shall  exist  at  his  death,  "shall 
pass  as  he  may  direct  by  last  will  to 
his  wife  and  heirs  at  law;"  power  of 
beneficiary  to  exclude  wife  or  an  heir. 
1916D,  493. 


PRACTICE   AND   PROCEDURE. 

In  admiralty,  see  ADMIRALTY. 

Constitutionality  of  regulations  as  to,  see 
CONSTITUTIONAL  LAW. 

In  contempt  proceeding,  see  CONTEMPT. 

In  eminent  domain  proceedings,  see  EMI- 
NENT DOMAIN. 

In  injunction  case,  see  INJUNCTION. 

In  mandamus  proceeding,  see  MANDAMUS. 

In  mechanic's  lien  case,  see  MECHANICS' 
LIENS. 

In  proceedings  fer  new  trial,  see  NEW  TRIAL. 

In  assessments  for  local  improvements,  see 
PUBLIC  IMPROVEMENTS. 


PRAIRIE  FIRES. 

Personal    injuries    in    fighting    prairie   fire 
negligently  set.     1915E,  991. 


PREACHERS. 

Annotation. 

Going  to  another  state,  county,  or  dis- 
trict to  preach  as  effecting  a  change 
of  domicil  or  residence.  19 17 A, 
294. 


PRECAUTIONS— PRESET  CE. 


PRECAUTIONS. 

Evidence    of,    to    show    prior    negligence. 
1915E,  613. 


PRE-EXISTING    DEBT. 

Issue  of  corporate  bonds  to  secure.  1916E, 
563. 

As  consideration  for  assignment  of  judg- 
ment as  security  therefor.  1917F,  1006. 

As  consideration  for  note.     1917C,  840. 

As  consideration  for  transfer  of  negotiable 
paper.  1917A,  704. 

Effect  of  application  to,  of  money  innocently 
received  from  one  who  had  obtained  it 
fraudulently.  1917A,  704. 


PREFERENCE. 

By  bankrupt,  see  BAXKBUPTCY. 

By  insolvent  generally,  see  INSOLVENCY. 

Annotation. 

Pledge  of  securities  by  insolvent  bank 

as  an  unlawful  preference.    1917 A, 

7O1. 

By  insolvent  bank.     1917A,  696. 
*-•-• 


PREFERENTIAL  VOTING. 

Application  to  election  of  municipal  judge. 

1916B,  931. 
Validity  of  statute  providing  for.     1916B, 

931. 
Effect  of  provision  for,  on  voter's  right  to 

vote  for  persons  other  than  regularly 

nominated  candidates.     1915B,  401. 


PREFERRED  STOCK. 

Dividends  on.    1915D,  1052. 


PREGNANCY. 

See  also  PBEGXANT  WOMAN. 

Annulment   of   marriage    induced  by   false 
statements  as  to.     1916F,  526. 


PREGNANT  WOMAN. 

Annotation. 

Mental  anguish  as  an  element  of  dam- 
ages for  personal  injury  to.  1917  E, 
1055. 

Measure  of  damages  for  injury  to.  1917E, 
3047. 


PREJUDICIAL     ERROR. 

See  APPEAL  AND  EBKOB. 


PRELIMINARY   EXAMINATION. 

Necessity  of.    1917D,  1014. 
Demurrer  to  information  because  of  absence 
of.    1917D,  1014. 


PRELIMINARY    INJUNCTION. 

See  INJUNCTION. 


PREMATURITY. 

Of  action,  see  ACTION  OK  SUIT. 


PREMIUMS. 

For  insurance,  see  INSUBANCE. 

Of  loan  association.     1916D,  745. 

Regulating  use  of,  in  packages  of  food. 
1917A,  1116. 

License  tax  on  use  of  coupons,  etc.,  redeem- 
able in  premiums.  1917A,  421. 


PRESCRIPTION. 

Title  by,  see  ADVEKSE  POSSESSION. 
Easements  by,  see  EASEMENTS. 
Prescriptive     rights     as     to     waters,     see 
WATEBS. 

Annotation. 

Use  of  private  alley  "by  public  as  per- 
missive or  prescriptive.  1917E, 
723. 

Right  to  register  title  gained  by  prescrip- 
tion. 1916D,  3. 


PRESENCE. 

Annotation. 

Necessity  of  presence  of  accused  at  ren- 
dition of  verdict  for  misdemeanor. 
1917B,  346. 

Of    accused,    necessity    of.      1915D,    817; 

1917B,  344;  1917C,  610. 
Of   parties    at   execution    of    xvill.      1916C, 

946;  1917F,  866. 


342  PRESENTATION— PRINCIPAL  AND  AGENT. 

PRESENTATION.  PRINCIPAL    AND    AGENT. 


Of  note  for  payment,  see  BILLS  AND  NOTES. 
Of   claims   against  estate  of   decedent,   see 
EXECUTORS  AND  ADMINISTBATOBS. 


PRESIDENT. 

Conclusiveness  on  courts  of  statement  of 
President  as  to  nonexistence  of  govern- 
ment in  foreign  country.  1917A.  276. 

Of  bank,  embezzlement  of  deposit  by.  1917A, 
519. 

Of  bank,  powers  of.     1917F,  1096. 

4  »» 


PRESIDENTIAL    ELECTORS. 

Nomination  of,  at  primary  election.    1917B, 
718. 


PRESS. 

Freedom  of,  see  CONSTITUTIONAL  LAWS. 

« > » 

PRESUMPTIONS. 

On  appeal,  see  APPEAL  AND  EBBOB. 
In  general,  see  EVIDENCE. 


PRICES. 

Evidence  as  to,  see  EVIDENCE. 
Conspiracy  to  control,  see  MONOPOLY  AND 
COMBINATIONS. 

Annotation. 

Implied  or  apparent  authority  of  agent 
to  fix.     1917E,  791. 

Inadequacy  of  price  received  as'  ground  for 

setting  aside  foreclosure  sale.     1917B, 

513. 
False  representation  by  vendor  as  to  price 

received  on  specified  sales.     1916F,  780. 
Offer  by  quotation  of  price.     1915D,  145; 

1915F,  824. 


PRIEST. 

See  RELIGIOUS  SOCIETIES. 


PRIMARY  ELECTIONS. 

See  ELECTIONS. 


In  general. 

The  relation;  revocation. 
Agent's  authority;  rights  and  liabili- 
ties of  principal. 

—  in  general. 

—  agent's  f rand  or  wrong. 

—  ratification  of  agent's  act* 
Rights  and  liabilities  of  agent. 


In  general. 

Agent  of  bank,  see  BANKS. 
As  to  brokers,  see  BBOKEBS. 
Officers  and  agents  of  corporations  gener- 
ally, see  COBPOBATIONS. 
Proof  of  agent's  declarations,  see  EVIDENCE. 
Agent   of    insurance    company,    see   INSUB- 

ANCE. 

Matters  as  to  partnership,  see  PABTNEB- 
SHIP. 

Annotation. 

Assignment  or  release  of  the  right  to  a 

third    person's    services.       1917F, 

842. 

Admissions  of  agent  as  evidence.  1915A, 
153;  1915B,  1116. 

Estoppel  of  principal  by  recitals  in  rede- 
Lvery  bond  given  by  him  when  his  prop- 
erty is  attached  as  that  of  his  agent. 
1915A,  1132. 

Seizure  under  execution  against  agent  of 
title  to  chattel  placed  in  agent  to  enable 
him  to  transfer  his  property  to  a  pur- 
chaser. 1916A,  588. 

Right  to  inspect  books  of  corporation 
through  agent.  1915D,  288. 

Right  to  make  demand  for  special  meeting 
of  board  of  corporate  directors  through 
agent.  1915E,  774. 

Action  by  third  person  against  agent  for 
money  had  and  received.  1916D,  1039. 

Agent  employed  to  manage  property  as  ten- 
ant of  employer.  1915C,  601. 

Right  of  husband  to  testify  to  transactions 
by  him  as  his  wife's  agent.  191 GC, 
351;  1917F,  663. 

Contract  for  automobile  agency.  1915B, 
109. 

Service  of  process  on  agent.  1916E,  232; 
1916F,  359,  407,  451;  1917E,  1152; 
1917F,  890. 

Effect  of  purchase  of  note  by  maker  through 
an  agent  to  discharge  the  maker's  lia- 
bility. 1917A,  725. 

Failure  of  purchaser  of  note  to  disclose  that 
he  is  making  purchase  for  the  maker 
as  fraud.  1917A,  725. 

The  relation;  revocation. 

Annotation. 

Construction  of  contract  having  some 
provisions  peculiar  to  consignment 
and  agenci)  contracts  and  others  to 
sale  contracts.  1917B,  626. 


PRINCIPAL  AND  AGENT. 


343 


Question  whether  contract  constitutes  an 
agency  contract  or  a  sale.  1917B,  620. 

Creation  of  agencies  by  implication.  1917D, 
206. 

Wife  as  agent  of  hrsband.     1917A,  1128. 

Bank  as  agent  of  depositor  to  pass  on  valid- 
ity of  checks.  1915B,  715. 

Depository  in  escrow  agreement  as  agent  of 
both  parties.  1916A,  493. 

Subagent  as  agent  of  principal.  1915E, 
721. 

Termination  of  contract  of  agency  by  death. 
1915C,  601. 

What  is  a  power  coupled  with  an  interest 
which  will  prevent  revocation  of  agency. 
1915A,  639. 

Revocation  by  state  of  contract  by  county 
with  individual  for  Assistance  in  dis- 
covering property  not  listed  for  taxa- 
tion. 1915A,  639. 

Effect  of  dissolution  of  firm  of  real  estate 
brokers  to  terminate  authority.  1915C, 
576. 

Agent's  authority;  rights  and  liabili- 
ties of  principal.  . 

—  in  general. 

Power  and  authority  of  agent  of  bank,  see 

BANKS. 

Authority  of  brokers,  see  BBOKEBS. 
Authority  of  corporate  agent  generally,  see 

CORPORATIONS. 

Power  of  insurance  agent,  see  INSURANCE. 
Imputing    agent's   knowledge   to   principal, 

see  NOTICE. 

Annotations. 

Implied  or  apparent  authority  of  agent 
to  fix  price.  1917E,  791. 

Effect  of  Knowledge  of  insurance  agent 
that  prohibited  articles  were  Kept 
on  premises.  1917C,  294. 

Implied  or  ostensible  authority  of  an 
agent  to  hind  his  principal  by  cove- 
nants in  the  sale  of  real  property. 
1917F,  954. 

Implied  or  ostensible  authority  of  agent 
for  the  sale  of  land  as  to  repre- 
sentations. 1917F,  962. 

Presumption  and  burden  of  proof  as  to. 
1917E,  539. 

Sufficiency  of  proof  of  authority.  1917E, 
788. 

Sufficiency  of  allegations  to  sustain  ev- 
idence of  authority  of  agent.  1917E, 
539. 

Instructions  as  to  agent's  authority.  1917E, 
539. 

Review  on  appeal  of  finding  as  to  author- 
ity of  agent.  191 6B,  856. 

How  implied  powers  of  agent  are  to  be  de- 
termined. 1917D,  206. 

Power  of  special  agent  to  bind  principal  by 
acts  outside  of  scope  of  authority. 
1916C,  125. 

Right  of  agent  to  transfer  his  powers  to  a 
corporation  organized  by  him.  1916F, 
88. 

Satisfaction  of  debt  by  accord  with  agent  of 
debtor.  1917A,  725. 


Liability  of  municipality  for  work  done  and 
materials  furnished  by  unauthorized 
agent.  1917D,  206. 

Notice  of  limitation  on  authority  of  agent 
of  municipality.  1915D,  978. 

Agent's  right  to  maintain  action.  1916D, 
1006;  1917D,  493. 

Power  of  attorney.     1915F,  662. 

Power  to  Borrow  money  on  credit  of  princi- 
pal. 1916C,  110. 

Aa  to  commercial  paper.  1915F,  777; 
1916C,  110,  125. 

Warranty  of  goods  sold.    1916C,  411. 

Power  of  agent  for  sale  of  land  to  bind 
principal  by  representation  as  to  the 
character  and  quality  of  the  land. 
191 7F,  958. 

Power  of  agent  selling  land  to  covenant  that 
no  liquor  shall  ue  sold  in  any  of  the 
lots  in  the  tract.  1917F,  949. 

Implied  authority  of  salesman  to  pledge 
employer's  credit  for  board  and  trans- 
portation. 1916B,  751. 

Power  of  infant's  agent  to  consent  to  liquor 
business  in  close  proximity  to  his  prop- 
erty. 1916D,  816. 

Notice  to  principal  of  possibility  that  pur- 
,  chasing  agent  will  offer  exorbitant 
price.  1917E,  788. 

Sufficiency  of  exorbitant  price  offered  by 
purchasing  agent  to  put  on  inquiry  as 
to  his  authority  person  selling  to  him. 
1917E,  788. 

Authority  to  receive  payment.  1915D,  271; 
1916B,  856. 

Power  of  agent  to  charge  married  woman 
with  liability  for  debts  incurred  in  busi- 
ness in  which  she  was  interested. 
1916D,  1230. 

Power  of  carrier's  agent.     191 6E,  1134. 

Liability  to  undisclosed  purchaser  of  one 
entering  into  contract  with  agent. 
1915C,  256. 

Pleading  in  action  to  enforce  contract  on 
behalf  of  undisclosed  principal.  191 7B, 
564. 

Undisclosed  principal  as  necessary  party  de- 
fendant to  suit  against  agent.  1917E, 
988. 

Right  of  principal  to  earnings  of  agent  in 
outside  employment.  191 6D,  777. 

Trust  in  property  purchased  by  agent  with 
employer's  funds.  1916C,  578. 

Right  of  bank  to  apply  on  debt  due  it  by 
agent  money  deposited  as  agent. 
191 7F,  460. 

Alteration  of  warehouse  receipt  by  agent 
without  authority.  1916F,  289. 

—  agent's  fraud  or  -wrong. 

Annotation. 

Principal's  collecting  or  attempting  to 
collect  proceeds  of  contract  from 
agent  as  precluding  assertion,  as 
against  the  other  party  to  the  con- 
tract, of  the  agent's  fraud.  1917D, 
701. 

Imputing  notice  of  agent's  wronar  to  prin- 
cipal. 1915B,  815,  1091;  1916C,  1101; 
1917A,  519;  1917F,  300,  303. 


344 


PRINCIPAL  AND  AGENT;  PRINCIPAL  AND  SURETY. 


Bringing  of  suit  by  principal  against  agent 
to  recover  proceeds  of  sale  of  her  prop- 
erty by  agent  as  bar  to  suit  to  cancel 
the  deed  for  agent's  fraud.  19J7D,  697. 

Estoppel  of  insurance  company  by  agent's 
mistake,  negligence  or  fraud.  1915A, 
273;  1915D,  76G. 

Liability  of  owner  of  majority  stock  in  cor- 
poration for  wrongful  act  of  agent. 
1915A,  654. 

—  ratification  of  agent'*  act. 

Annotation. 

Principal's  collecting  or  attempting  to 
collect  proceeds  of  contract  from 
agent  as  precluding  assertion,  as 
against  the  other  party  to  the  con- 
tract, of  the  agent's  fraud  or  lack 
of  authority.  1917D,  7O1. 

Presumption  and  burden  of  proof  as  to. 
1916C,  125. 

Recognition  by  lessor  of  lease  made  by 
agent  in  his  own  name.  191 5 A,  288. 

Implication  of  ratification  of  agent's  unau- 
thorized contract.  1917D,  206. 

Ratification  of  acts  of  stockbroker.  1917C, 
737. 

Ratification  by  municipality  of  unauthor- 
ized acts  and  contracts  of  agents. 
19]  7D,  206. 

Cringing  of  suit  by  principal  against  agent 
to  recover  proceeds  of  sale  of  her  prop- 
erty by  agent  as  bar  to  suit  to  cancel 
the  deed  for  agent's  fraud.  1917D,  697. 

Power  of  agent  to  ratify  his  own  unau- 
thorized act.  1917E,  539. 

Act  of  principal  in  converting  into  a  sal- 
able commodity  cream  purchased  by 
his  agent  at  an  unauthorized  price  as 
ratification  of  agent's  act.  1917E,  788. 

Rights  and  liabilities  of  agent. 

Corporate  officers  and  agents  acting  in  fidu- 
ciary capacity,  see  CORPORATIONS. 

Liability  of  agent  procuring  liquor  for  an- 
other, see  INTOXICATING  LIQUORS. 

Annotations. 

Consideration    for    note    or    obligation 

given    by    agent    to    cover    loss    on 

transactions  conducted  by  him  for 

principal.      1917B,    696. 
Liability   of   agent   of   leased  premises 

for  injuries  due  to  defectj  therein. 

1917C,  S3. 

Liability  of  insurance  agent.     1915A,  860. 

Right  of  agent  of  city  to  city's  exemption 
from  liability  for  injury  by  his  negli- 
gence. 1916D,  508. 

Fiduciary  capacity;  conflict  of  interests. 
1917A,  1068,  1174. 

Election  to  proceed  against  principal  as  bar 
to  action  against  agent.  1917B,  222. 

Liability  for  negligence.  1915E,  721; 
191 5F,  566;  1917C,  77. 

On  contracts.     1916F,  1228. 

Criminal  liability.     1915A,  106. 


How  sums  stolen  by  bookkeeper  should  be- 
charged  in  determining  compensation 
of  manager  entitled  to  one-half  yearly 
net  profits.  1917D,  426. 

Right  of  one  employed  on  commission  to  re- 
cover loss  of  profits  on  unlawful  termi- 
nation of  employment.  1916B,  868. 


PRINCIPAL  AND   SURETY. 

Suretyship;  liabilities  of  surety. 

—  in  general. 

—  release  or  discharge. 
Rights  and  remedies  of  surety. 


Suretyship;  liabilities  of  surety. 

—  in  general. 

As  to  bonds  generally,  see  BONDS. 
Bonds  for  fidelity  of  employees,  see  BONDS. 
As  to  guaranty,  see  GUARANTY. 
Effect   of  judgment   against  principal,    see- 
JUDGMENT. 

Contract  as  one  of  suretyship  or  of  insur- 
ance. 1917D,  485. 

Married  woman  as  surety.     1915B,  1116. 

Failure  of  others  to  sign.     39-15F,  1157. 

Attempt  by  legislature  to  direct  county  to- 
levy  tax  for  reimbursement  of  sureties 
on  a  collector's  bond  \vho  are  alleged  to 
have  paid  shortage  for  which  collector 
was  not  responsible.  1917E,  824. 

Requiring  bond  of  operator  of  jitney  bus 
to  be  executed  by  surety  company  to  ex- 
clusion of  private  sureties.  1915F, 
850. 

—  release  or  discharge. 

Release  or  discharge  of  guarantor,  see 
GUARANTY. 

Annotation. 

Effect  upon  surety  or  indorser  of  bank's 
failure  to  apply  principal's  deposit 
account  upon  note.  1917F,  266. 

Fraudulent  concealment  by  surety  as  pre- 
venting it  from  insisting  that  its  liabil- 
ity had  ceased  under  the  terms  of  the 
contract.  1916F,  709. 

Release  of  surety  on  contractor's  bond  taken 
from  protection  of  those  furnishing 
labor  and  material,  by  act  or  omission 
of  the  obligee  or  contractor.  1917C, 
490. 

Effect  of  stay  of  execution  to  release  surety. 
1917C,  485. 

Acceptance  of  note  for  one  instalment  of 
goods  sold  as  releasing  surety  from  lia- 
bility for  other  instalments.  1C17A, 
282. 

Release  of  surety  on  bond  of  building  con- 
tractor by  change  in  method  of  pay- 
ment. 1917C,  490. 

Failure  of  owner  ,6  retain  required  percent- 
age of  amount  due  contractor.  1915C,. 
170. 


PRINCIPAL  AND  SURETY— PHI V ATE  CARS. 


345 


Payment  by  owner  to  contractor  of  instal- 
ment of  compensation  in  advance  of  the 
estimates  required  by  contract.  1916A, 
881. 

Release  of  accommodation  maker  of  note  by 
permitting  payee  to  withdraw  collater- 
al. 191 6C,  767. 

Effect  to  release  surety  of  failure  of  bank 
holding  note  payable  at  its  place  of 
business  to  apply  maker's  deposit  ac- 
count thereon.  1917F,  263. 

By  change  of  contract.  1915B,  407;  1916E, 
1110;  1917C,  490. 

By  extension  of  time  of  payment.  1915C, 
831. 

Rights  and  remedies  of  surety.  , 

Annotations. 

Right  of  surety  upor*  contractor's  bond 
to  have  payments  made  by  con- 
tractor applied  to  the  contract. 
1917C,  637. 

Right  of  surety  to  indemnity  from  prin- 
cipal, or  contribution  from  co- 
surety, as  affected  ~by  the  fact  that 
an  action  by  the  creditor  against 
the  principal  or  cosurety  would  be 
barred.  1917F,  1O  74. 

Subrogation  to  rights  of  surety.  191 6C, 
1057. 

Right  of  surety  on  contractor's  bond  to  no- 
tice of  latter's  death.  1916A,  881. 

Duty  of  owner  who  takes  possession  of  con- 
tractor's implements  to  account  to  con- 
tractor's surety  for  their  value  in  ac- 
tion against  the  surety.  1916A,  881. 

Right  of  surety  on  contractor's  bond  as  to 
application  of  payments  by  contractor. 
1917C,  630. 

Personal  liability  of  public  officer  on  under- 
taking to  indemnify  surety  on  injunc- 
tion bond.  1915A,  853. 

Contribution  from  cosurety.  1915D,  481 ; 
1917F,  1065. 


I  Of  claims  against  receiver,  see  RECEIVEBS. 
'  Of  appropriation  of  water,  see  WATERS. 

Between  assignees.  1915E,  1017;  1916E,  79. 
i  Of  lien  of  judgment.  1916A,  779;  1916B, 
648;  1916D,  661. 

As  between  claims  against  estate  of  bank- 
rupt. 1915B,  148. 

Of   claim-   against  decedent.      1915F,   1041. 

Of  lien  for  indebtedness  of  heir  to  estate 
over  liens  of  judgments  against  him. 
1915A,  1179. 

Between  landlord's  lien  and  chattel  mort- 
gage. 1916F,  446. 


PRISON. 

Confinement   in,   for   crime,   see   CBIMINAL 
LAW. 


PRISONERS. 

Annotation. 

Release  of,  or  interference  ^vith  cus- 
tody of,  prisoner  as  contempt  of 
court.  1917D,  355. 

Evidence  of  confession  by,  see  EVIDENCE. 

Interference  with  custody  of,  as  contempt 

of  court.     1917D,  355. 
Riot  by,  municipal  liability.     1915C,  578. 
Liability   of   county   for   amount   expended 

for    board    of,    in    excess    of    revenue. 

1916F,  892. 


PRINTING  PLANT. 

Replevin  for  undivided  interest  in.     1916B, 
1182. 


PRIOR    APPROPRIATIONS. 

Of  water,  see  WATERS. 


PRIORITY. 

Of   chattel  mortgage,   see   CHATTEL   MORT- 

GAGE. 
Between  garnishce  and  other  creditors,  see 

GARNISHMENT. 

Of  liens  generally,  see  LIENS. 
Between  mechanics'  lien  and  other  liens,  see 

MECHANICS'  LIENS. 


PRIVACY. 

Use  of  name  and  purported  likeness  of  per- 
son as  part  of  moving  picture  film. 
1915C,  839. 

Liability  of  telegraph  company  for  dis- 
closing contents  of  message.  1915C, 
487. 


PRIVATE     ACTION. 

For  abatement  of  nuisance,  see  NUISANCES. 
To  enforce  public  right  generally,  see  PAR- 
TIES. 

Of  abutting  owner.     1916C,  1200. 

For  obstruction  of  highway.     1915D,   142; 

191f>E,  336;   1917A,  3150. 
For    violation    of    statute    or    ordinances. 

1915D,  1021;  1917C,  1146. 


PRIVATE  CARS. 

Right  of  Interstate  Commerce  Commission 
to  act  on  demurrage  rule  relating  to 
private  cars.  1917E,  916. 


346 


Review  by  courts  of  demurrage  rule  as  to 
which  has  been  approved  by  Interstate 
Commerce  Commission.  1917E,  916. 


PRIVATE  CARS— PROCEDURE. 

PRIVILEGE   TAX. 

See  LICENSE. 


PRIVATE    CROSSING. 

Annotation. 

Lands  for  benefit  of  which,  statute  re- 
quires construction  by  railroad 
company  of  private  crossing. 
1917D,  909. 

Duty  of  railroad  company  aa  to.  1916F, 
1294;  1917D,  907. 


PRIVATE    PURPOSE. 

Right  to  take  property  for,  under  power  of 
eminent  domain,  see  EMINENT  DOMAIN. 


PRIVATE  RAILROAD. 

Right  of  owner  of,  to  exercise  power  of  emi- 
nent domain.  1916B,  1089. 

Contributory  negligence  of  person  injured 
on.  1915F,  1125. 


PRIVATE  ROAD. 

Exercise  of  power  of  eminent  domain  for. 
1916B,  1089. 


PRIVATE    SCHOOLS. 

Annotation. 

Exemption  from  taxation  of  property 
used  for.  1917E,  1O94. 

Examination  as  condition  of  entrance  of 
graduates  of,  to  public  high  school. 
1917C,  993. 

Exemption  of,  from  taxation.     1917E,  1085. 


PRIVILEGE. 

To  use  streets,  see  HIGHWAYS. 

From  service  of  process,  see  WBIT  AND  PBOC- 

ESS. 

Of  witness.     1917F,  502. 


PRIVILEGED     COMMUNICATIONS. 

Evidence  of,  see  EVIDENCE. 

In  libel  case,  see  LIBEL  AND  SLANDEB. 


PRIVITY. 

Tenant's  abandonment  of  premises  as  de- 
vesting  privity  of  estate  between  him 
and  landlord.  1917D,  609. 


PRIZES. 

Regulating    use    of,    in    packages    of    food. 
1917A,  1116. 


PROBABILITY. 

Question  for  jury  as  to,  see  TBIAL. 


PROBABLE     CAUSE. 

Want   of,   for   prosecution,    see   MALICIOUS 
PBOSECUTION. 

Presumption    and   burden   of   proof   aa   to. 

1917B,  350. 

Sufficiency  of  proof  of.     1916E,  1277. 
Necessity  of  alleging  want  of,  in  action  for 

malicious  prosecution.     1917B,  350. 
Instruction  as  to.     1915D,  1. 
Question    for    jury    as    to.      1915B,    1179; 

1915D,  1,  16;   1916F,  399. 


PROBATE. 

Jurisdiction  as  to  probate  matters  generally, 

see  COUBTS. 
Of  wills  generally,  see  WILLS. 

Disbarment  of  attorney  for  misconduct  in 
his  capacity  of  probate  judge.  1915A, 
663. 

Appealability  of  probate  decrees.  1915D, 
754,  856. 


PROBATE  COURTS. 

In  general,  see  COUBTS. 

Jurisdiction  of.  1915A,  1179;  1916A,  1181; 
1916F,  493. 

Effect  of  repeal  of  Inheritance  Tax  Act  to 
relieve  probate  court  of  duties  imposed 
by  repealed  act.  1917E,  11GO. 


PROCEDURE. 

See  PRACTICE  AND  PBOCEDUBK. 


PROCEEDINGS  IN  REM— PROSPECTIVE  DAMAGES. 


347 


PROCEEDINGS  IN  REM. 


Administration  of  estate  of  deceased  person 
as  a  proceeding  in  rem.     1917E,  544. 


PROCESS. 

Abuse  of,  see  ABUSE  OF  PROCESS. 
In  general,  see  WRIT  AND  PROCESS. 

Right  to  protection  in  use  of  terms  descrip- 
tive of  a  process.     1916E,  632. 


PROFITS. 

Loss  of,  as  element  of  damages,  see  DAM- 
AGES. 

Annotation. 

Insurance  against  loss  of.    1917C,  726. 

Insurance  against  loss  of.    1917C,  722. 


PROFIT-SHARING     CERTIFICATE. 

Effect  of  permission  of  Federal  government 
to  use,  on  state  restrictions  on  use. 
1917A,  421. 

License  tax  on  use  of.     1917A,  421. 


PROHIBITED   ARTICLES. 

Keeping   of,   on  insured  premises,   see  IN- 
SURANCE. 


PROHIBITION. 

In  general. 

Adequacy  of  other  remedies. 


In  general. 

Annotation. 

Prohibition    against    court    proceeding 

with  a  case  in  u-hich  it  erroneously 

denied  a  change  of  venue.     19 17 F, 

911. 
To  review  acts  of  court  in  habeas  corpus 

proceeding.     1915E,  235. 
To   restrain    further    proceedings    of    lower 

court  because  of  lack  of  jurisdiction. 

1916E,  1079. 

Adequacy  of  other  remedies. 

Appeal  from  final  judgment  as  a  plain, 
speedy,  and  adequate  remedy  to  correct 
refusal  to  change  venue.  1917F,  905. 


PROMISES. 

Admissibility  of  evidence  obtained  by,  see 

EVIDENCE. 
As  affecting  limitation  of  actions,  see 

TATION  OF  ACTIONS. 


PROMOTERS. 

Of    corporations    generally,    see    COBPOBA- 

TIONS. 


PROOF. 

Of  service  of  process,  see  WRIT  AND  PROCESS. 


PROOFS    OF    LOSS. 

By  insured,  see  INSURANCE. 


PROPERTY. 

t 

Condemnation  of,  see  EMINENT  DOMAIN. 

Definition  of.     1915C,  981. 

Destruction      of,      in      abating      nuisance. 

1917C,  1038;  1917F,  1076. 
Malice  in  use  of.  1916F,  903. 
Action  on  the  case  for  injury  to.  1917E, 

975. 
Property  right  in  manufacture  of  intoxicat- 

ing liquors.    1916F,  177. 
Statute    declaring    that   in    labor    disputes 

right  to  enter  into  labor  contracts  shall 

not  be  deemed  a  property  right.    1915F, 

831. 


PRORATING. 

Of  insurance  loss,  see  INSURANCE. 


PROSECUTING     ATTORNEYS. 

See  DISTRICT  AND  PROSECUTING  ATTORNEYS. 


PROSECUTOR. 

In  general,  see  DISTRICT  AND  PROSECUT- 
ING ATTORNEYS. 

Who  is  a  prosecutor  within  meaning  of 
statute  making  prosecutors  incompe- 
tent to  serve  on  grand  jury.  1917B, 
608. 


PROSPECTIVE  DAMAGES. 

See  DAMAGES. 


348 


PROSPECTIVE  LEGISLATURE— PROXIMATE  CAUSE. 


PROSPECTIVE    LEGISLATION. 


In  general,  see  STATUTES. 


PROSTITUTION. 

House  of  ill-fame,  see  DISOEDEBLY  HOUSES. 

Annotations. 

Construction,  applicability,  and  effect 
of  congressional  White  Slave  Traf- 
fic Act.  1917E,  1137. 

Statute  or  ordinance  making  it  an  of- 
fense to  associate  ivith  disreputable 
persons.  1917F,  9O4. 

Providing  punishment  for  any  male  person 
found  associating  with,  or  in  company 
with,  any  prostitute.  1917F,  903. 

Punishing  male  person  under  statute  mak- 
ing it  a  crime  for  any  person  to  resort 
to  house  of  ill  fame  for  purpose  of 
prostitution.  1916D,  767. 

Power  of  Congress  over  commerce  as  justi- 
fying White  Slave  Act.  1915A,  862: 

Validity  of  White  Slave  Traffic  Act  when 
construed  as  applicable  to  transporta- 
tion unaccompanied  by  expectation  of 
pecuniary  gain.  1917F,  502. 

What  constitutes  violation  of  Federal 
White  Slave  Act.  1915A,  862;  1917E, 
1135;  1917F,  502. 

Jurisdiction  of  prosecution  under  Federal 
White  Slave  Act.  1915A,  862. 

Woman  transported  in  violation  of  Federal 
WTiite  Slave  Act  as  party  to  the  offense. 
1915D,  281. 

Evidence  of  other  crimes  in  prosecution 
under  White  Slave  Act.  1915A,  862. 

Sufficiency  of  proof  in  prosecution  under 
White  Slave  Act.  1915A,  862. 

Reversible  error  in  refusal  of  instructions 
in  prosecution  under  White  Slave 
Traffic  Act.  1917F,  502. 


PROVOCATION. 

For  assault,  see  ASSAULT  AND  BATTEBY. 
For  homicide.     1915A,  533;  1916C,  581. 
Mitigation  of  damages  for.    1916E,  779. 


PROTEST. 

Of  note,  see  BILLS  AND  NOTES. 


PROVABLE     CLAIM. 

In  bankruptcy,  see  BANKRUPTCY. 


PROVISIONS. 

Claim  for  provisions  to  feed  contractor's 
employees,  as  within  protection  of  his 
bond. "  1917A,  336. 


PROXIMATE    CAUSE. 

In  general. 

Of  loss  by  fire  or  wind. 

Of  injury  or  loss  by  explosion. 

Of  injnry  by  -water. 

Of  loss  or  injnry  by  carrier  or  rail* 
road  company. 

Of  injnry  on  defective  highway  or 
bridge. 

Of  injnry  to  servant. 

Of  injnry  by  falling  object  or  build- 
ing. 

Of  damage  by  fright. 


In  general. 

Annotations. 

Liability  for  injuries  by  automobile  set 

in    motion    by    stranger.      1917D, 

S67. 
Proximate  cause  of  injury  where   one 

person  is  pushed  against  another. 

1917J3,  275. 

,  General  rule  as  to.    1917F,  749. 

Review  on  appeal  of  conclusion  as  to. 
1915E,  959. 

Sufficiency  of  evidence  to  sustain  finding  as 
to.  1916D,  447. 

As  question  for  jury.     1917E,  250. 

Concurring  negligence  of  two  persons. 
191 7 A,  543. 

Of  injury  where  automobile  left  on  incline 
with  brakes  set  is  released  by  a  stran- 
ger. 1917D,  864. 

Of  injury  to  passenger  alighting  from  street 
car  by  pushing  against  him  of  another 
passenger  hit  by  passing  automobile. 
1917E,  272. 

Of  injury  by  falling  into  elevator  shaft. 
1915B,  364. 

Failure  to  pay  check  as  proximate  cause  of 
arrest  of  drawer  on  charge  of  issuing 
check  with  intent  to  defraud.  1916A, 
1220. 

Liability  of  telegraph  company  disclosing 
contents  of  message  where  no  damage 
would  have  resulted  but  for  plaintiff's 
own  wrongful  acts.  1915C,  487. 

Of  loss  by  fire  or  wind. 

Of  insured  property,  see  INSURANCE. 

Injury  to  adjoining  property  by  material 
blown  from  top  of  building  by  wind. 
1915F,  835. 

Cutting  of  electric  light  wires  during  fire 
as  proximate  cause  of  loss  of  property. 
1916D,  447. 

Proximate  cause  of  injury  received  in  fight- 
ing fire.  1915E,  991. 


PROXIMATE  CAUSE— PUBLIC. 


349 


Of  injury  or  loss  by  explosion.  , 

Annotation. 

fjnlaivful  or  negligent  storage  of  ex- 
plosives as  proximate  cause  of  in- 
juries from  explosion  caused  by 
fire.  1917F,  624. 

As  question  for  jury.     1916A,  1224. 

Injury  to  children  by  explosion  of  ex- 
plosives left  accessible  to  them.  1915E, 
479;  1917B,  1058. 

Negligent  storage  of  dynamite  in  building 
as  proximate  cause  of  death  of  fireman. 
1917F,  621. 

Explosion  as  proximate  cause  of  loss  in- 
sured against.  1917C,  487. 

Of  injury,  by  water. 

Flooding  under  right  of  eminent  domain  of 
land  sold  on  foreclosure  as  proximate 
cause  of  the  loss  of  the  land  to  the 
mortgagor,  who  was  unable  to  redeem 
it  because  he  could  not  borrow  money 
on  it  in  its  flooded  condition.  1917F, 
790. 

Of  loss  or  injury  by  carrier  or  rail- 
road company. 

As  question  for  jury.     1915A,  363. 

Of  injury  to  passenger  who,  to  avoid  delay, 
leaves  stalled  car  and  attempts  to  walk 
to  destination.  1917F,  353. 

Expulsion  of  sick  passenger  as  proximate 
cause  of  his  being  killed  by  another  car. 
1915C,  134. 

Of  injury  to  passenger  carried  beyond  sta- 
tion. 1917A,  1017;  1917B,  706. 

Starting  of  street  car  before  passenger 
reaches  seat,  as  proximate  cause  of  in- 
jury. 1915A,  797. 

Of  injury  by  street  car.    1915B,  1111. 

Of  injury  at  railroad  crossing.  1916E,  555; 
1917A,  543. 

Cf  injury  on  defective  highway  or 
bridge. 

Failure  to  light  bridge.     1917C,  203. 

Of  injury   to   servant. 

Annotation. 

Proof  of  proximate  cause  of  injury  be- 
fore rule  res  ipsa  loquitur  can  be 
invoked.  1917E,  35,  197,  2O9, 
232,  24:0. 

Effect  of  failure  to  allege  that  illegal  em- 
ployment of  child  was  proximate  cause 
of  injury  to  him.  1915F,  803. 

Continuing  disability  of  injured  workman 
due  to  refusal  to  submit  to  medical 
treatment  as  proximate  result  of  acci- 
dent. 1916E,  105. 

Aggravation  by  boxing  match  of  wound  re- 
ceived in  course  of  employment  as 
proximate  cause  of  permanent  injury 
to  hand.  1916A,  14. 

Of  death  from  delirium  tremens  caused  by 
shock  of  accident.  1916F,  955. 


Injury  to  servant  as  proximate  cause  of  his 
subsequent  death  from  typhoid  fever. 
1915F, 1144. 

Failure  to  establish  proper  rules  as  proxi- 
mate cause  of  injury  to  engineer. 
1915C,  33. 

Injury  to  servant  by  electricity.  1916D, 
1064. 

Injury  to  servant  by  explosion  of  a  missed 
charge  of  dynamite  in  stone  quarry. 
1916D,  311. 

Failure  of  doorman  to  fasten  door  of  freight 
house  through  which  intruder  enters 
and  shoots  a  night  watchman,  as  proxi- 
mate cause  of  the  injury.  1917F,  749. 

Leaving  top  of  box  car  insecurely  fastened 
as  proximate  cause  of  injury  to  em- 
ployee by  top  being  blown  off  by  wind. 
1917E,  215. 

Of  injury  by  falling  object  or  build- 
ing. 

Falling  of  stone  from  wall  as  proximate 
cause  of  injury  to  child  playing  upon 
railroad  ties.  1915C,  710. 

Of  damage  by  fright. 

Negligently  setting  fire  to  pasture  as 
proximate  cause  of  injury  to  cattle 
frightened  by  the  fire.  1917C,  983. 

Fact  that  person  was  frightened  by  fire  and 
induced  thereby  to  fight  against  it,  as 
proximate  cause  of  injury  sustained  in 
fighting  fire.  1915E,  991. 

Fright  of  horse  by  paper  in  street.  1915D, 
617. 


PSYCHIC    HEALERS. 

Annotation. 

Application   to,    of  statutes   regulating 
the  practice  of  medicine.     1917C, 

827. 


PTOMAINE   POISONING. 

See  BLOOD  POISONING. 


PUBLIC. 

Adverse  possession  againsly  see  ADVEESE 
POSSESSION. 

Annotation. 

Right  of  public  to  benefit  of  discover- 
ies, inventions,  devices,  data,  etc., 
made  or  prepared  by  officer  or  em- 
ployee. 1917B,  1183. 

Free  service  to,  by  public  service  corpora- 
tion. 1917B,  '908. 


350 


PUBLICATION— PUBLIC  IMPROVEMENTS. 


PUBLICATION. 

As  contempt  of  court,  see  CONTEMPT. 
Of  libel  or  slander,  see  LIBEL  AND  SLANDER. 
Of  ordinance,  see  MUNICIPAL  CORPORATIONS. 
Service  by,  see  WRTT  AND  PROCESS. 

Annotation. 

Right  to  an  injunction  against  a  non- 
lilK-lnnx  publication  affecting  per- 
sonal or  political  rights.  19 17 A, 
163. 

Injunction  against.     1917A,  160. 

Of  notice  on  mortgage  foreclosure.     1915B, 

640. 
By  Secretary  of   State  of   appointment  of 

judges    to    hold    additional    terms    of 

court.     1915B,  103. 


PUBLIC    BUILDINGS. 

Liability  of  city  for  injury  in,  see  MUNIC- 
IPAL CORPORATIONS. 

State  public  building  bonds.     1917B,  294. 
One  accepting  public  invitation  to   attend 

exercises   in,   as  a  trespasser.     1917E, 

685. 
Validity    of    contract    as    to    location    of. 

19i6D,  722;  1916F,  873. 


PUBLIC    CHARITIES. 

See  CHARITIES. 


PUBLIC    CONTRACTS. 

In  general,  see  CONTRACTS. 
Municipal  contracts  generally,  see  MUNICI- 
PAL CORPORATIONS. 


PUBLIC    CORPORATIONS. 

See  also  COUNTIES;  MUNICIPAL  CORPORA- 
TIONS ;  SCHOOLS  ;  TOWNS. 

Effect  of  tender  of  amount  due  on  right  to 
discontinue  service  for  delay  in  pay- 
ing bills.  1917C,  374. 


PUBLIC  GROUNDS. 

Municipal     liability     for     injury     on,     see 
MUNICIPAL  CORPORATIONS. 


PUBLIC    IMPROVEMENTS. 

In  general;   authority  for. 
Contracts. 


Assessi»-ents. 

—  in   general. 

—  nature  of  improvement. 

—  property  snbject  to. 

—  procedure. 

—  rnles  of  apportionment. 

—  enforcement. 


In  general;  authority  for. 
Constitutionality  of  regulations  as  to,  see 

CONSTITUTIONAL  LAW. 
Matters  peculiar  to  drains  and  sewers,  see 

DRAINS  AND  SEWERS. 

Annotation. 

Obligation  incurred  lor  local  improve- 
ments as  a  debt  urlthin  the  mean- 
ing of  debt  limit  prnri;  /oji.s. 
1917E,  443. 

Cost    -of     constructing     and     maintaining 

bridge.       1915D,     249;      1915E,     687; 

1916F,  508. 
Power  of  common  council  to  enforce  bond 

for  maintenance  of  street  improvement 

or  to  compromise  suit  brought  for  that 

purpose.     1917F,  535. 
Right  of  contractor  to  remove  pavement  for 

which  he  haa  not  bean   paid.      1915B, 

173. 
Improvements  by  abutting  owners.     191 7A, 

472. 

Contracts. 

Bid  for  contract,  see  CONTRACTS. 

Pleading  in  action  on  improvement  contract. 
1916E,  1175. 

Bond  or  certified  check  given  by  bidder  for 
public  work  as  security  for  execution  of 
contract  as  liquidated  damages.  191 7F, 
370. 

Power  of  municipality  to  contract  for  con- 
struction of  sewer.  1915A,  982. 

Ratification  of  contract  by  municipality. 
1915A,  982. 

Estoppel  to  set  up  invalidity  of  contract. 
J915A,  982;  1917A,  436. 

Letting  to  lowest  bidder.  1915F,  854; 
1916B,  1027. 

Provision  in  contract  for  "repairs.  1915F, 
854. 

Right  of  contractor  for  street  pavement  to 
remove  it  on  refusal  of  city  to  pay 
therefor.  1915B,  173. 

Effect  of  judgment  in  plaintiff's  favor  in 
suit  against  city  to  enjoin  collection  of 
assessment  because  contract  was  not 
properly  made,  to  defeat  action  by  con- 
tractor against  city  for  value  of  work. 
1915A,  982. 


Assessments. 

—  in  general. 

For    drains    and 
SEWERS. 


sewers,    eee   DRAINS    AND 


Validity  of  agreement  by  property  owner  to 
waive  statutory  limitation  of  assess- 
ments and  secure  waivers  from  others. 
1917F,  403. 


PUBLIC  IMPROVEMENTS— PUBLIC  MONEYS. 


351 


Effect  of  trespass  in  making  improvement 
on  validity  of  assessment.  1915D,  772. 

Writ  of  review  to  review  facts  upon  which 
assessment  is  based.  1915D,  772. 

Parol  proof  that  purchaser  of  property 
agreed  to  pay  street  improvement  as- 
sessments. 1916E,  217. 

Local  or  special  law  as  to.     1917E,  456. 

Rule  as  to  uniformity.     3917E,  456. 

Partial  invalidity  of  statute  as  to.  1917F, 
999. 

—  nature  of  improvement, 

Annotation. 

Street  lighting  as  a  local  improvement 
assessable  against  property  bene- 
fited. 1917A,  1098. 

Sprinkling  of  streets.     1917D,  365. 
Street  lighting.     1917A,  1093. 

—  property  subject  to. 

Annotation. 

What  property  other  than  realty  may 
lie  assessed  for  the  construction  and 
maintenance  of  levees.  1917F, 
1OO3. 

Due  process  of  law  as  to.    191 5 A,  129. 
Partial  invalidity  of  statute  as  to.     1917F, 

999. 
Effect    of    conveying    narrow    strip    along 

street    with    reservation    of    right    of 

egress  and  ingress.     1916B,  1027. 
Assessment  of  personal  property  for  cost  of 

levee.     1917F,  999. 
School  property.    1916F,  861. 
Railroad  right  of  way.     1915A,  129.       .:  (J 

—  procedure. 

Fact  that  section  of  street  to  be  improved 
contains  a  wooden  viaduct  which  will 
require  a  fill,  as  making  portions  of  the 
improvements  on  either  side  of  viaduct 
two  improvements,  requiring  separate 
proceedings.  1917D,  772. 

Raising  objections  by  review  of  -assessment 
without  necessity  of  appeal.  1915D, 
772. 

Waiver  of  objections.     1915D,  772. 

Certiorari  to  review  reassessment  of  cost  of 
improvement.  1915D,  772. 

Notice  of  assessments.     1917D,  365. 

Effect  of  judgment  in  plaintiff's  favor  in 
suit  against  city  to  enjoin  collection  of 
assessment  because  contract  was  not 
properly  made,  to  defeat  action  by  con- 
tractor aerainst  city  for  value  of  work. 
1915A,  982. 

—  rules  of  apportionment. 

Annotation. 

Assessments  for  improvements  by  the 
front  foot  rule.  1917D,  372. 

Local  or  special  law  as  to.     1917E,  456. 
Inquiry  by  courts   into  wisdom  of   method 
of  apportionment.     1917D,  365. 


Assessment  by  "front  foot  rule."  1917D, 
365. 

Presumption  that  assessments  were  made  in 
proportion  to  benefits.  1915D,  772. 

Right  to  assess  against  property  benefited 
so  much  of  cost  of  extending  fill  for 
street  improvement  onto  adjoining 
property  as  is  in  excess  of  cost  of  prop- 
er retaining  wall.  1915D,  772. 

—  enforcement. 

Enforcement  against  homestead  of  penalty 
for  nonpayment  of  assessment  at  ma- 
turity. 1915E,  662. 

Defenses;  counterclaim.    1916B,  1027. 


PUBLIC   INSTITUTIONS. 

Power  of  municipality  to  contract  to  fur- 
nish water  to,  for  fifty  years  at  nomi- 
nal rate.  1916D,  991. 


PUBLIC    LANDS. 

In  general. 

Mines  on,  see  MINES. 

Annotation. 

Necessity  and  sufftcisncy  of  acceptance 
of  grant  of  right  of  way  over  pub- 
lic land  for  public  highway. 
19 17 A,  355. 

Acceptance  of  grant  of  right  of  way  for 
highway  over.  1917A,  350. 

Patentee  of  homestead  as  trustee  fcr  real 
owner.  1916C,  720. 

Relation  of  courts  to  land  department. 
1916A,  1116. 

Right  to  assert  nullity  of  marriage  in  con- 
troversy between  widow  and  heirs  as  to 
rights  in  homestead.  1916C,  720. 

Disposal  through  land  department; 
entry. 

United  States  as  necessary  party  in  contest 

between     entrymen     on     public     land. 

1916A,  1116. 
Discretion   of    Land    Department   to    reject 

entries  or  to  award  lands  to  subsequent 

applicants.     1916A,  1116. 
Rights   under   entry.      1915B,    681;    1916F, 

969. 
Right     of    hpirs     of     deceased     entryman. 

1915B,  681. 


PUBLIC    MONEYS. 

In  general. 

For  what  purposes  it  may  be  used. 

—  in    general. 

—  prohibited   gifts. 

—  diversion  of  fund. 


352 


PUBLIC  MONEYS— PUBLIC  SERVICE  COMMISSION. 


In  general. 

Necessity  of,  and  formalities  in,  appropria- 
tion of,  generally,  see  APPROPRIATIONS. 

Assumpsit  for,  see  ASSUMPSIT. 

Liability  upon  bond  for  loss  of,  or  misfeas- 
ance as  to,  see  BONDS. 

Annotation. 

Bight  to  preference  in  respect  to  pub- 
lic fund  in  bank  which  subsequent- 
ly becomes  insolvent.  1917 A,  683. 

Loss  of,  by  bank  failure.    1915D,  481. 

Deposit  of,  as  trust  fund  on  bank's  in- 
solvency. 1916C,  1;  1917A,  680. 

Action  to  prevent  illegal  expenditure  of. 
1915B,  569;  1915D,  178,  485;  1916A, 
908;  1916C,  395;  1917 A,  495. 

For  -what  purposes  it  may  be  used. 

—  in  general. 

Use  of  money  of  state  for  internal  improve- 
ments, see  INTEBNAL  IMPROVEMENTS. 

For  what  purposes  generally  taxes  may  be 
levied,  see  TAXES. 

Annotations. 

Power  of  municipal  corporation  or 
governmental  body  to  use  public 
funds  to  promote  the  passage,  or 
to  secure  the  defeat,  of  a  law. 
1917B,  358. 

Expenses  incurred  by  public  officials 
or  employees  in  attending  conven- 
tions, etc.,  as  a  proper  charge  on 
public  funds.  1917E,  332. 

Eight  of  county  or  municipality  to  use 
public  funds  to  secure  the  reten- 
tion, or  location,  of  a  state  institu- 
tion within  its  limits.  1917E,  845. 

Power  of  governmental  body  to  use  public 
funds  to  secure  nullification  of  statute. 
1917B,  354. 

Use  of,  to  pay  expenses  of  school  authorities 
in  attending  congress  on  school  hy- 
giene. 1917E,  3?1. 

Use  of  school  money  for  employment  of  at- 
torneys to  conduct  litigation  to  require 
county  superintendent  to  countersign 
•warrants  for  teachers'  salaries.  1916D, 
90. 

Appropriation  to  guarantee  payment  of  in- 
terest on  farm  loans.  1917A,  '".">. 

For  construction  of  tunnel  by  municipality 
with  option  to  railroad  company  to 
purchase  it.  1915B,  306. 

—  prohibited  gifts. 

Application  of  Workmen's  Compensation 
Act  to  public  employees  as  a  prohibited 
gift.  1916D,  628. 

Forbidding  employment  of  aliens  on  public 
works  as  violation  of  provision  against 
gift  of  public  money.  1916D,  550. 

—  diversion  of  f  nnd. 

What  constitutes  violation  of  constitu- 
tional provision  that  public  money 
raised  for  educational  purposes  shall 
not  be  used  in  aid  of  any  sectarian 
school.  1917D,  455. 


PUBLIC    NUISANCE. 

See  NUISANCES. 


PUBLIC    OFFICERS. 

See  OFFICERS. 


PUBLIC    POLICY. 

As  affecting  contract,  see  CONTRACTS. 

Definition  of.     1917D,  641. 

Invoking  aid  of  equity  to  accomplish  that 
which  is  in  violation  of.  1917B,  1269. 

Charitable  bequest  in  violation  of.  1917D, 
1062. 

As  forbidding  garnishment  of  countv. 
1916E,  1153. 

P.ight  to  recover  in  tort  action  where  plain- 
tiff's wrongful  acts  must  be  shown  to 
make  out  case.  1915C,  487. 


PUBLIC    PROPERTY. 

Exemption  of,  from  taxation,  see  TAXES. 


PUBLIC     PURPOSE. 

Justifying  exercise  of  right  of  eminent  do- 
main, see  EMINENT  DOMAIN. 

Purpose  for  which  public  funds  may  be 
used,  see  PUBLIC  MONEYS;  TAXES. 


PUBLIC    RIGHT. 

Who  may  bring  action  to  protect,  see  PAR- 
TIES. 


PUBLIC   SCHOOLS. 

See  SCHOOLS. 


PUBLIC    SERVICE    COMMISSION. 

Validity  of  regulations  by,  as  to  carriers, 
generally,  see  CARRIERS. 

Annotation. 

Power  of  commission  to  compel  pro- 
duction of  papers  and  records  for 
inspection.  1917F,  1202. 

Who  may  qi:estion  validity  of  statute  con- 
ferring powers  on.  1915D,  458. 

Railroad  commission  act  as  special  legis- 
lation. 1916E,  358. 


PUBLIC  SERVICE  COMMISSION— PUBLIC  WORK. 


353 


Conferring  upon,  power  to  regulate  tele- 
phone rates.  1915C,  287. 

Effect  of  order  from  which  a  minority  of 
members  dissent.  1915E,  902. 

Presumption  in  support  of  order  of.  1915D, 
98;  1915E,  358. 

Sufficiency  of  evidence  to  show  unlawfulness 
of  award  on  condemnation  of  public 
utility.  1915F,  512. 

Right  to  resort  to  courts  instead  of  com- 
mission to  prevent  water  company  from 
violating  contract  to  furnish  water. 
1917E,  680. 

Order  of,  abrogating  contract  of  consumer 
of  water  as  to  rates.  1917C,  574. 

Delegations  to  municipality  of  power  to  fix 
rates  not  subject  to  change  by  commis- 
sion. 1917C,  98. 

Impairment  of  contract  obligations  by  stat- 
ute empowering  commission  to  regulate 
rates.  1917C,  574. 

Power  of  Public  Service  Commission  to 
change  rate  fixed  by  municipal  ordi- 
nance or  franchise.  1915C,  261,  287. 

Temporary  injunction  against  enforcement 
of  passenger  rate  by.  1915A,  1. 

Order  of  railroad  commission  fixing  maxi- 
mum rates  as  ex  post  facto  law. 
1916E,  358. 

Jurisdiction  of  commission  to  require  switch 
connection  with  private  side  track. 
1916F,  1281. 

Right  to  require  construction  by  a  railroad 
company  of  a  farm  crossing.  1917D, 
907. 

Power  to  require  physical  connection  be- 
tween two  or  more  telephone  compa- 
nies. 1917E,  1080. 

Power  to  prescribe  extra  charge  against  sub- 
scriber to  one  telephone  exchange  for 
use  of  long  distance  connections  of  the 
other.  191.6E,  748. 

Regulation  of,  as  to  installation  of,  and  pay- 
ment for,  water  meters.  191 5A,  320. 

Jurisdiction  to  determine  ownership  of  irri- 
gation canal.  1915D,  1205. 

Power  to  require  foreign  public  service  cor- 
poration to  produce  its  books  and  papers 
for  inspection  by  patron  contesting  rea- 
sonableness of  rates.  1917F,  1195. 

Review  by  courts  of  orders  of.  1915D,  98; 
1915E,  902. 

Certiorari  to  review  order  of.     1917B,  930. 


PUBLIC    SERVICE    CORPORA- 
TIONS. 

Use  of  streets  or  highways  by,  see  HIGH- 
WAYS. 

Control  of  commission  over,  see  PUBLIC 
SERVICE  COMMISSIONS. 

Rates  of,  see  RATES. 

See  also  CARRIERS  ;  GAS  ;  IRRIGATION  ;  RAIL- 
ROADS ;  TELEGRAPHS  ;  T-LEPHONES  ; 
WATERS. 

Annotations. 

Right  of  public  service  corporation  to 
discontinue  service  ^fter  tender  of 
amount  due.  1917C,  376. 

L.R.A.  Tri.  Index  1915-17.— 23. 


Right  to  interfere  with  wires  of  public 
service  corporation  in  moving 
building  along  street.  1917C,  774. 

Requiring  connection  or  joint  use  of 
properties  of,  as  a  talking  for  'which 
compensation  must  be  made. 
1917E,  1O83. 

Power  of  commission  to  compel  pro- 
duction of  papers  or  records  for 
inspection.  1917F,  12O2. 

Right  of  corporation  to  challenge  powers  of 
rival.  1916B,  1083. 

Power  of  municipality  to  remit  taxes  on. 
1917B,  908. 

Condemnation  of  public  utility  by  munic- 
ipality. 1916F,  592. 

Who  must  pay  tax  on  put  lie  utility  con- 
demned by  municipality  during  tax 
year  but  aftsr  assessment  day.  1910F, 
592. 

Retroactive  effect  of  statute  forbidding  re- 
bates or  discriminations.  1917B,  908. 

Free  service  by,  to  public,  as  an  invalid 
discrimination.  1917B,  908. 

Test  of  public  service  so  as  to  bring  rates 
within  public  regulation.  1915C,  282. 

Delegation  to  municipality  of  power  to  fix 
rates.  1915C,  261. 

Implied  power  of  municipality  to  contract 
as  to  rates  of.  1915C,  261. 

Reasonableness  of  ordinance  fixing  ra,tes. 
1915C,  282. 

Fixing  value  of  public  utility  for  rate  mak- 
ing purposes.  1916F,  756. 

Requiring  corporation  to  enlarge  its  plant. 
1916F,  756. 

Requiring  public  service  corporation  to  pro- 
duce its  books  and  papers  for  inspection 
by  the  attorneys  and  experts  of  patron. 
1917F,  1195. 

Liability  for  injury  by  hastening  or  increas- 
ing flow  of  water.  1915E,  294. 


PUBLIC  TRIAL. 

Necessity  of.    1916E,  472. 


PUBLIC    UTILITIES. 

See  PUBLIC  SERVICE  CORPORATIONS. 


PUBLIC    WATER    SUPPLY. 

See  WATERS. 


PUBLIC  WORK. 

Forbidding  employment  of  aliens  on  public 
work.  191 6D*  550. 

Validity  of  agreement  to  pay  commission 
for  obtaining  contract  from  municipali- 
ty. 1915C,  823. 


354 


PUFFING— QUOTATIONS. 


PUFFING. 

What  constitutes.     1917C,  270. 


PULLMAN    CARS. 

Sea  SLEEPING  AND  PARLOR  CARS. 
+  *  » 

PUNISHMENT. 

For  contempt,  see  CONTEMPT. 
For  crime,  see  CRIMINAL  LAW. 


PUNITIVE    DAMAGES, 

See  DAMAGES. 


PURCHASE   MONEY. 

Lien  for,  see  VENDOR  AND  PURCHASER. 

Lion  on  homestead  for  money  loaned  to  re- 
tire purchase  money  notes.    1915E,  875. 


PURE    FOOD    LAWS. 

See  FOOD. 


PURPOSE. 

Evidence  as  to.     1915A,  1078. 
Sufficiency  of  proof  of.    1916A,  862. 


QUALIFICATIONS. 

Of  grand  juror,  see  GRAND  JURY. 
Of  judge,  see  JUDGES. 
Of  teacher,  see  SCHOOLS. 


QUALITY. 

Warranty  as  to,  see  SALE. 


QUANTITY. 

Of  land  sold,  see  VENDOR  AND  PURCHASER. 


QUANTUM    MERUIT. 

Annotation. 

Right  to  recover  on,  of  attorney  dis- 
charged without  cause  before  com- 
pleting service  or  before  expiration 
of  time  for  ivliich  he  was  employed. 
1917F,  4O6. 


Objecting  for  first  time  on  appeal  to  right 
to  recover  on  quantum  meruit.  1916E, 
788. 

Recovery  on,  against  municipality.  1915A, 
904. 

Recovery  on,  for  services  rendered  under 
void  contract.  1916D,  892. 

Recovery  on,  against  estate  of  incompetent 
for  value  of  service  rendered.  1917B, 
676. 

Recovery  on,  for  services  performed  by 
servant  who  undertook  to  serve  master 
until  latter's  death,  for  compensation 
to  be  made  by  will,  but  who  prede- 
ceased the  master.  1917D,  809. 

4  «  » 


QUARRY. 

Blasting  in,  see  BLASTING.      / 

«  •  » 
QUASHING. 

Of  indictment,  see  INDICTMENT,  ETC. 

Of  alternative  writ  of  mandamus.     1917F, 
776. 


QUIA    TIMET. 

See  CLOUD  ON  TITLE. 


QUIETING   TITLE. 

See  CLOUD  ON  TITLE. 


QUILTS. 

Forbidding  use  of  secondhand  material  In 
making.    1916C,  775. 


QUITCLAIM. 

Annotation. 

RigJit  of  purchaser  of  land  subject  to 
a  mortgage  to  question  the  valid- 
it]!  of  the  mortgage  where  convey- 
ance is  by  quitclaim  deed.  1917C, 
839. 


QUOTATIONS. 

Offer  by  quotation   of  p-ice.      1915D,   145; 
1915F,  824. 


QUO  WARRAXTO— RAILROADS. 


355 


QUO    WARRANTO. 

When,  proper  remedy. 

Right  to  remove  one  whose  office  has  be- 
come vacant  by  acceptance  of  incom- 
patible office.  1917D,  210. 

Right  to  quo  warranto  against  one  who 
merely  lays  claim  to  an  office  but  has 
never  been  admitted  thereto.  1916D, 
672. 

Procedure. 

Filing  supplemental  petition.     1916D,  672. 


RACE. 

As  to  horse  race,  see  HOBSE  RACE. 


RACE    SEGREGATION. 

Annotation. 

Cumulative  penalties  for  failure  of  car- 
rier to  provide  separate  accommo- 
dations for  white  and  colored  pas- 
sengers. 1917B,  548. 

Segregation  of  white  and  colored  pas- 
sengers. 1917B,  544. 

Ordinance  prohibiting  white  and  colored  per- 
sons from  residing  in  the  same  block. 
1915D,  684. 


RADAMES. 

As  infringement  of  trademark  '"Rameses." 
1917C,  1157. 


RADIOGRAPH. 


Admissibility  in  evidence.     1915F,  803. 


RAGS. 


Annotation, 

Keeping     of,      on 
1917C,  278. 


insured     premises. 


RAILINGS. 

Annotation, 

Sufficiency  of  barrier  or  railing  main- 
tained in  highway.  1917D,  756. 

At  dangerous  place  in  highway.  1915E, 
597.  1060;  19T5F,  973;  1916C,  379; 
1916F, 1216;  1917D,  754. 


RAILROAD    COMMISSION. 

See  PUBLIC  SERVICE  COMMISSIONS. 


RAILROAD    RELIEF    ASSOCIA- 
TION. 

Liability  for  injury  to  business  of  physician 
by  act  of  employee  in  carrying  into 
effect  rules  of  relief  association.  1916B, 
835. 

Suit  by  member  of,  for  accounting.  1916A, 
1145. 


RAILROADS. 


In 


general;     franchise     and     rights; 
leases;  railroad  aid. 

—  generally. 

—  license  or  lease. 

—  consolidation. 
Construction  generally. 
Crossings. 

Fences. 
Operation. 

—  in    general. 

—  injuries   to   persons   on   or  near 

tracks;  licensees;  trespassers. 

—  accidents  at  crossings. 

—  speed. 

—  noises;  frightening  animals. 

—  injuries  to  animals  by  trains. 

—  fires. 
Contributory  negligence. 

—  persons    on    or    near    track;    li- 

censees; trespassers. 
•    —  at  crossings. 
.—  injuries  to  minors. 

—  injuries  to   animals. 

—  as  to  fires. 

Diversion    or    obstruction   of   water. 


In  general;  franchise  and  rights;  leas- 
es; railroad  aid. 

—  generally. 

As  carriers,  see  CARRIERS. 

Regulation  of  interstate  business  of,  see 
COMMERCE. 

Matters  in  common  with  ether  corporations, 
see  CORPORATIONS. 

Condemnation  of  property  for,  see  EMINENT 
DOMAIN. 

Consequential  injuries  from  construction 
and  operation  of,  see  EMINENT  DO- 
MAIN. 

Logging  railroad,  see  LOGS  AND  LOGGING. 

Eights  and  duties  as  to  employees,  see 
MASTER  AND  SERVANT. 

Municipal  regulation  of  use  of  streets  by, 
see  MUNICIPAL  CORPORATIONS. 

Liability  on  theory  of  attractive  nuisance 
for  injury  to  child,  see  NEGLIGENCE. 

As  to  street  railways,  see  STREET  RAIL- 
WAY, j. 


356 


RAILROADS. 


Annotation. 

Constitutionality  of  statute  imposing 
penalty  or  added  liability  for  fail- 
ure of  railroad  to  pay  claim. 
1917B,  926. 

Statute  making  one  who  purchases  or  re- 
ceives iron,  brass  or  other  material  be- 
longing to  railroad  company  without 
written  consent  of  the  company,  guilty 
of  a  misdemeanor.  1917F,  706. 

Prohibiting  person  to  act  as  conductor  with- 
out having  previously  served  as  freight 
conductor  or  fireman.  1915D,  677. 

Contract  to  furnish  free  water  supply  to 
railroad  company.  1917E,  680. 

Adverse  possession  of  railroad  right  of  way. 
.  191 6B,  653. 

Mechanics'  lien  on.     191 7C,  580. 

Breach  of  agreement  by  vendor  to  con- 
struct a  railroad  line  through  or  near 
the  land  conveyed.  1917F,  744. 

Railroad  track  across  property  as  breach  of 
covenant  against  encumbrances.  1915D, 
898. 

Estoppel  to  complain  of  construction  of  rail- 
road through  land.  19]  6B,  653. 

Rights  of  entryman  on  public  lands  who  has 
filed  declaratory  statement  as  against 
railroad  company  entering  without  con- 
demnation. 1916F,  960. 

Validity  of  unrecorded  deed  for  right  of  way 
as  against  subsequent  purchaser  of 
servient  land.  1916B,  653. 

Right  of  one  requiring  title  to  land  after 
construction  of  railroad  embankment,  to 
maintain  action  for  damages  resulting 
therefrom.  1916E,  966,  977. 

Liability  of  receiver  for  injury  resulting 
from  defective  culvert  existing  at  time 
he  took  possession  of  road.  1916F, 
1021. 

Maliciously  setting  railroad  car  in  motion. 
1915A,  817. 

Statute  regulating  form  and  construction  of 
caboose  cars.  1915D,  458. 

Construction  of  telegraph  line  over  railroad 
right  of  way.  1916E,  572. 

Right  to  recover  from  levee  district  cost  of 
reconstruction  of  railroad  bridge  and 
approaches  made  necessary  by  building 
of  levee.  1916F,  1181. 

Garnishment  of  debt  due  to  nonresident  in- 
terstate railroad  company,  as  interfer- 
ence with  interstate  commerce.  1915F, 
880. 

Lew  on  cars  of  foreign  railroad  company. 
"1915D,  838. 

Construction  of  tunnel  by  municipality  with 
option  to  railroad  company  to  purchase 
it.  1915B,  306. 

Taxation  of  tangible  property  of.  1916B, 
1225. 

Assessment  of  railroad  right  of  way  for 
local  improvements.  1915A,  129. 

Separate  taxation  of  elevators,  lumber  yards 
and  oil  tank  stations  on  railroad  right 
of  way.  1916E,  404. 

Right  of  railroad  to  bridge  a  public  navi- 
gable water  as  a  special  franchise  with- 
in meaning  of  tax  statute.  1916B,  1222. 


Speculative  contract  between  realty  com- 
pany and  individual  for  laying  out  of 
town  sites  at  points  where  stations  will 
be  located.  1915B,  925. 

Validity  of  contract  as  to  location  of  rail- 
road station.  1916F,  687. 

Damages  for  breach  of  contract  to  locate 
railroad  station  at  certain  place.  1916F, 
687. 

Venue  of  action  for  breach  of  contract  to 
locate  railroad  station  at  certain  place. 
1916F,  687. 

Sale  of  railroad  property  by  receiver. 
1915A,  699. 

Liability  for  injury  to  child  by  smoldering 
fire  maintained  in  rubbish  dump. 
1917F,  1033. 

Liability  for  injury  due  to  defective  high- 
way or  sidewalk.  1917B,  1245. 

Evidence  in  action  for  injury  on  railroad 
platform.  1916A,  510. 

Negligence  as  to  wall  adjoining  public  high- 
way. 1915C,  710. 

Liability  of  electrical  company  for  sweep- 
ing trespasser  off  top  of  railroad  car 
by  low  wire.  1917B,  1291. 

—  license  or  lease. 

Right  to  grant  permit  to  manufacturing 
company  to  run  motor  car  over  tracks. 
1915E,  1170. 

Revocation  of  license  to  use  tracks.  1917D, 
344. 

Liability  for  leased  road.  1916D,  514; 
1917A,  536;  1917D,  344. 

Liability  of  carrier  for  injury  to  its  own 
passengers  by  negligence  of  those  oper- 
ating train  of  other  company  over  its 
tracks.  1915F,  992. 

Contract  by  railroad  permitting  other  com- 
pany to  run  car  upon  its  tracks  for 
exemption  from  liability  for  injury  to 
operatives  of  car.  1915E,  1170. 

—  consolidation. 

As  violation  of  anti-trust  laws,  see  MONOP- 
OLY AND  COMBINATION. 

Right  of  individual  to  raise  question  of 
violation  of  provision  against  consolida- 
tion of  railroads.  1915B,  547. 

Construction  generally. 

Consequential  injuries  from  construction 
and  operation  of,  see  EMINENT  DOMAIN. 

Use  and  obstruction  of  highway  by,  see 
HIGHWAYS. 

Annotation. 

Duty  of  railroad  company  in  respect  to 

a  restored  or  substituted  highway. 

1917C,   971. 

Ejectment  to  recover  land  wrongfully  taken 
for  railroad  tracks.  1916B,  653. 

Construction  of  railroad  through  manufac- 
turing plant;  opinion  evidence  as  to 
damage.  1916A,  1079. 

Duty  of  railroad  company  to  enlarge  span 
of  bridge  to  accommodate  water  turned 
into  stream.  1915B,  486. 


RAILROADS. 


357 


Liability  of  railroad  for  injury  to  access  of 

abutting    owner    by    change    of    grade. 

1916C,  433;  1916D,  1074. 
Interference  with  view  by  raising  grade  of 

track.    1917C,  1131. 
Liability  for  injury  to  person  on  railroad 

track  by  spike  protruding  from  cross 

tie.     1916E,  458. 

Crossings. 

Annotations. 

Lands  for  benefit  of  which  statute  re* 
quires  construction  of  private 
crossing.  1917D,  9O9. 

Contributory  negligence  of  child  in- 
jured on  defective  crossing. 
1917F,  153. 

Highway     crossings.       1915B,     766,     822; 

191 5E,  751;  1917A,  543;  1917F,  485. 
Abolition  of  grade  crossings.     1917C,  1131, 

1174. 
Private    or    farm    crossing.      1916F,    1294; 

1917D,  907. 
Crossing  of  steam  road  by  street  railway, 

1915D,  843. 
Right  to  carry  electric  wires  over  railroad 

at  street  crossing.    1915B.  822. 

Fences. 

Annotation. 

Duty  of  lessee  or  licensee  as  to  railroad 
fences.  1917 A,  539. 

Duty  of  railroad  to  fence  track  for  protec- 
tion of  employees.  1916E,  204. 

Duty  of  receiver  of  company  operating 
trains  over  other  road  as  to  fences. 
1917A,  536. 

Liability  for  injury  by  stock  to  land  which 
it  reaches  because  of  railroad's  failure 
to  fence  tracks.  1916E,  446. 

Operation. 

—  in  general. 

Effect  of  lease  or  operating  contract  on  lia- 
bility, see  supra. 

Duty  to  operate  road  and  to  run  trains  and 
stop  at  stations,  see  CABRIEES. 

Consequential  injury  from  construction  and 
operation  of,  see  EMIXENT  DOMAIN. 

Irijury  to  employees,  see  MASTER  AND  SERV- 
ANT. 

.Annotations. 

Violation    by   servant    of   rule   adopted 

by  railicay  company  as  evidence  of 

negligence   toward  one  otlier  than 

servant.     1917C,   793. 
Criminal    homicide    in     operation     of. 

1917C,   536. 

Liability  to  abutting  owner  for  noise  not 
amounting  to  a  nuisance.  1917C,  346. 

Effect  of  reversal  on  appeal  by  railroad  com- 
pany, of  judgment  against  company  and 
in  favor  of  crew  of  train  which  inflicted 
injury.  1917D,  666. 


Violation  of  rules  as  evidence  of  negligence. 
1917C,  784. 

Homicide  in  operation  of  train.    1917C,  533. 

Criminal  liability  of  railroad  company  for 
obstructing  street  crossing.  1915B, 
329. 

Liability  for  loss  of  mail.     1915A,  374. 

Variance  between  pleading  and  proof  in  ac- 
tion for  injury.  1915F,  866. 

Injury  to  shipper  of  stock  on  railroad  track. 
1915F,  866. 

—  injuries     to     persons     on     or     near 

tracks;  licensees;  trespassers. 

Contributory  negligence,  see  infra. 

Annotations. 

Liability  of  railroad  company  for  per- 
sonal injuries  by  objects  thrown 
from  moving  train.  1917B,  916. 

Liability  for  injury  to  person  near  track 
in  consequence  of  suction  from 
passing  trains.  1917B,  1163. 

Weight  of  opinioit  evidence  in  action  for  in- 
jury. 1916F,  561. 

Question  for  jury  as  to  whether  person  in- 
jured was  a  licensee.  1916C,  1029. 

Implied  invitation  to  go  upon  railroad 
premises.  1915B,  827. 

Duty  to  person  crossing  yards  and  tracks 
along  well-defined  pathway  used  by  pub- 
lic for  many  years.  1917D,  666. 

Injury  to  shipper  of  stock  while  fastening 
door  of  car.  1915F,  866. 

Injury  by  spike  hurled  through  air  by  train. 
1915D,  278. 

Degree  of  care  required  toward  licensees 
1916C,  1029;  1916D,  702. 

Injury  to  licensee  in  making  flving  switch, 
3916C,  1029. 

Injury  to  licensee  drawn  under  train  by 
suction.  1917B,  1161. 

Duty  after  discovery.  1915C,  843;  1916F, 
561. 

Injury  to  children  jumping  on  and  off  trains. 
1917C,  1066. 

Gross  negligence.     1916C,  1029;  1917D,  666. 

Signals.     1917D,  666. 

Absence  of  headlight.     1916D,  702. 

—  accidents  at  crossings. 

Speed  at  crossing,  see  infra. 
Contributory    negligence    at    crossing,    see 
infra. 

Annotation. 

Liability  of  railroad  company  for  act 
of  employee  in  inviting  pedestrians 
to  cross  train  obstructing  highway. 
1917E,  S23. 

Failure  to  procure  license  as  affecting  lia- 
bility for  injury  to  automobile  at  rail- 
road* crossing.  *1916E,  1222. 

Obstruction  of  street  crossing  by  train. 
1915E,  336;  1916B,  1079. 

Duty  of  company  to  comply  with  common 
law  requirements  for  safety  of  persons.' 
1917F,  1. 


358 


RAILROADS. 


Presumption  and  burden  of  proof  as  to 
negligence.  1917C,  978;  1917E,  819. 

Proximate  cause  of  injury.  1915A,  363; 
1II15E,  336,  555;  191GB,  1079;  1917A, 
543. 

Duty  to  provide  gates  and  lights  or  cross- 
ing tenders.  1915A,  363. 

Act  of  crossing  tender  contributing  to  in- 
jury as  beyond  scope  of  authority. 
1917E,  819.' 

Sufficiency  of  verdict  as  to  negligence  of 
railway  company  in  case  of  injury  at 
crossing.  1917D,  549. 

Lights  on  train  passing  over  crossing. 
1917C,  784. 

Lookouts;  signals.    1915D,  962;  1916D,  783. 

Injury  because  of  defective  electric  bell 
maintained  at  crossing.  1917C,  978. 

Crossing  of  other  railroads.    1915F,  8. 

—  speed. 

Annotation. 

Right  to  limit  speed  of  interstate  or 
mail  train.  1917F,  1187. 

State  regulation  of  speed  of  trains  on  ap- 
proaching crossing  as  interference  with 
interstate  commerce.  1917F,  1184. 

Running  at  greater  speed  than  that  fixed  by 
ordinance;  killing  of  intoxicated  per- 
son. 1916B,  981. 

Mere  fact  of  excessive  speed  as  conclusive 
evidence  of  negligence.  1917F,  118. 

Duty  to  moderate  speed  in  passing  licensee 
near  track  to  prevent  his  being  drawn 
under  train.  1917B,  1161. 

.—  noises;   frightening   animals. 

Annotation. 

Liability  of  railroad  company  for 
frightening  horse  on  highway  1>y 
flagman  or  warning  device  at  cross- 
ing. 1917C,  982. 

Fright  of  horse  by  defective  electric  signal. 
1917C,  978. 

—  injuries  to  animals  by  trains. 

Contributory  negligence,  see  infra. 
Injury  to  animals  on  tracks  of  interurban 
railroad,  see  INTERURBAX  RAILWAYS. 

Annotation. 

Liability  of  company  operating  rail- 
road along  highway  for  injury  to 
lire  stock.  1917E,  77O. 

Attorneys'  fees  as  element  of  costs  in  action 
for  injuring  cattle.  1915B,  134. 

Presumption  and  burden  of  proof  as  to  neg- 
ligence. 1915B,  163. 

Prejudicial  error  in  instructions  in  action 
for  injury.  1915F,  127. 

Question  for  jury  as  to  negligence.  1915B 
134. 

Liability  of  receivers  of  company  operating 
trains  over  other  road  under  license,  foi 
live  stock  killed  because*  of  lack  o: 
fence.  1917A,  536. 


Failure  to  discover  animals  because  of  ob- 
struction of  view  by  trees  near  track 
belonging  to  owner  of  cattle.  1916F, 
127. 

Lack  of  proper  fence.     1917A,  536. 
iondition  of  cattle  guards.    1915B,  134. 

Failure  to  ring  bell  or  sound  whistle  at 
time  of  accident.  1915B,  163. 

—  fires. 

Contributory  negligence,  see  infra. 

Evidence  in  action  for  personal  injury  re- 
ceived in  attempt  to  put  out  fire  negli- 
gently set.  1915E,  991. 

Reversible  error  in  action  for.     1915E,  991. 

Contributory  negligence. 

—  persons  on  or  near  track;  licensees; 

trespassers. 

Injury  to  infants,  see  infra. 
Contributory  negligence  of  employees,    see 
MASTER  AND  SERVANT. 

Question  for  jury  as  to  contributory  negli- 
gence. 1915C,  843. 

Contributory  negligence  of  person  injured 
on  private  tramway.  1915F,  1125. 

Right  to  rely  on  custom  as  to  movement  of 
trains.  1916D,  702. 

Injury  to  bystander  watching  raising  of  de- 
railed locomotive.  1916F,  114. 

Stepping  on  track  after  passage  of  train 
without  looking  for  a  following  one. 
1915F,  1151. 

Drunkenness  of  person  killed.     191 6B,  981. 

Licensees.  1915B,  827;  1915F,  1151;  1916D, 
782. 

As  to  doctrine  of  last  clear  chance.  1915F, 
1151. 

—  at  crossings. 

Negligence  of  minors,  see  infra. 

Annotation. 

Right  to  rely  on  invitation  of  railroad 

employee  to  cross  train  obstructing 

highway.      1917E,   823. 

Prejudicial  error  in  excluding  evidence  to 
show  contributory  negligence.  1915C, 
813. 

Question  for  jury  as  to.  1915A,  761; 
1916E,  816;  1917C,  784. 

Failure  of  one  crossing  track  at  point  where 
it  approaches  through  a  cut  on  a  curve 
to  be  warned  of  approach  of  train  hy 
light  thrown  by  headlight  on  object-  on 
top  of  the  bank  along  curve.  191  OK, 
1222. 

Effect  of  failure  of  driver  of  public  convey- 
ance to  exercise  the  care  which  he  owed 
to  his  passengers  on  liability  of  rail- 
road companv  for  injury  to  him. 
1916E,  1222. 

Crossing  track  without  making  sure  that  no 
train  is  about  to  run  into  a  freight  car 
standing  near  the  crossing.  1917 D.  .">-!!>. 

Going  outside  limits  of  highway  to  cross 
tracks  where  train  obstructs  crossing. 
1917E,  S19. 


RAILROADS— RATES. 


359 


Attempt  to  drive  motorcycle  across  tracks 

in  front  of  approaching  train.  1917E, 

1124. 
Obstruction   to   sight  or   hearing.     1916A, 

842. 

Reliance  on  rule  or  signal.     1916D,  783. 
Effect  of  raised  gates.    1916E,  816. 
Failure  to  stop,  look,  or  listen,  generally. 

1915A,  761;  1916E,  455;  1917D,  549. 
Imputing  negligence  of  driver  to  passenger. 

1915A,  761. 
Doctrine  of  last  clear  chance.     1916E,  555; 

1917E,  1124;  1917F,  1. 

—  injuries  to  minors. 

Annotation. 

Contribiitory  negligence  of  children  on 

or  about  railroad  tracks.     1917F, 

111,  123. 

Right  to  bar  action  by  child  injured  at  cross- 
ing on  ground  of  contributory  negli- 
gence. 1917F,  1. 

Effect  of  passing  of  passenger  train  which 
diverted  attention  of  boy  from  train  on 
parallel  track.  1917F,  118. 

Negligence  of  minor  riding  with  another  in 
failing  to  take  precautions  for  his  own 
safety.  1915E,  225;  1915F,  11. 

What  constitutes  gross  negligence  permit- 
ting recovery  notwithstanding  his  con- 
tributory negligence.  1917F,  118. 

—  injuries  to  animals. 

Sufficiency  of  proof  of  absence  of  contribu- 
tory negligence.  1916F,  127. 

—  as  to  fires. 

Negligence  of  owner  of  barn  near  track  in 
leaving  windows  open  next  to  track 
with  combustible  materials  scattered 
about  inside.  1916B,  1065. 

Diversion  or  obstruction  of  water. 

Burden  of  proof  that  storm  occasioning  flood 

was  unprecedented.     1917A,  501. 
Relevancy  of  evidence  in  action  for  injury. 

1917A,  501. 
Discretion  as  to  admission  of  evidence  in  ac- 

tion for  injury  by.     1917A,  501. 
Sufficiency    of    evidence   to    disprove   negli- 

gence.    1917A,  501. 

Measure  of  damages  for  injury.    1916E,  977. 
Instruction  as  to  damages.     1917A,  501. 
Successive  suits  for  injuries.   '1916E,  962. 
Duty     to     provide     sufficient     passageway 

through  embankment  for  water.    1917A, 

501. 
Who  must  take  measures  to  protect  banks 

against  erosion  by  water  where  railroad 

company   has,   by   agreement  with   the 

adjoining  landowner,  turned  the  course 

of  a  stream.    1916F,  1294. 


4« 


RAMESES. 

Aa  trademark.     1917C,  1157. 


RAPE. 

Civil  liability  of  bishop  for  rape  by  priest. 

1915B,  825. 

Indictment   for.      1916E,   472;    1917E,   668. 
Evidence    of    other    crimes.      1915D,    236; 

1916E,  472;  1917E,  668. 
Evidence     of     unchastity     of     prosecutrix. 

1916B,  963. 
Sufficiency  of  proof  of  corpus  delicti.  1916B, 

745. 
Cross-examination  of  accused  on  prosecution 

for  assault  with  intent  to  rape.    1915B, 

131. 

New  trial  in  prosecution  for.    191 5C,  302. 
Right  to  public  trial.     1916E,  472. 
Securing   sexual    intercourse   by   means    of 

sham  marriage.     1916F,  793. 
Effect  of  want  of  knowledge  of  mental  ca- 
pacity on  liability  for  intercourse  with 

incompetent  person.     1916F,  735. 
Impotency   because   of   senility   as   defense. 

1915B,  131. 
Defense  of  former  jeopardy.     1915A,  256; 

1917A,  661. 


RATES. 

Of  carriers,  see  CARRIERS. 
Constitutionality  of  regulation  of,  see  CON- 
STITUTIONAL LAW. 
For  gas,  see  GAS. 
Of  interest,  see  INTEREST. 
Telephone  rates,  see  TELEPHONES. 
For  waters,  see  WATERS. 

For  use  of  toll  road.     19]  7D,  333. 

For  electric  lights.     1916E,  358. 

Injunction  against  enforcing  rates  estab- 
lished by  Commission.  1915A,  1;  1915C, 
287. 

Review  by  court  of  rates  prescribed  by  stat- 
ute. 1916B,  764. 

Certiorari  to  review  order  fixing.  1917B, 
930. 

Jurisdiction  of  action  to  test  validity  of 
statute  fixing  rates.  1916B,  764. 

Test  of  public  service  so  as  to  bring  rates 
within  public  regulation.  1915C,  282. 

Power  of  legislature  to  regulate,  in  absence 
of  clear  and  unmistakable  delegation 
of  the  power.  1915C,  261. 

Power  to  regulate  rates  when  the  public  has 
not  the  legal  right  to  demand  and  re- 
ceive service.  19]  5C,  1189. 

Power  of  legislature  or  Commission  to 
change  rates  fixed  in  municipal  fran- 
chise or  contract.  1915C,  261,  287, 
358;  1917C,  98. 

Order  fixing,  as  ex  post  facto  law.  1916E, 
358. 

Delegation  to  municipality  of  power  as  to. 
1915C,  261,  287,  358;  1917C,  98, 

Denial  of  equal  protection  as  to.  1915C, 
282,  1189. 

Regulation  of,  as  impairment  of  obligation 
of  contract.  1915C,  261,  283,  287; 
1915F,  732,  744;  1916E,  358;  1917C, 
98,  574. 


360 


RATES— REAL  PROPERTY. 


Reasonableness  of  rates  fixed.  1915C,  282; 
1916E,  358;  1917F,  1195. 

Valuation  of  property  and  franchises  of  pub- 
lic service  corporation  for  rate-making 
purposes.  1916F,  756;  1917B,  930. 

Retroactive  effect  of  statute  forbidding  re- 
bates or  discriminations.  1917B,  908. 

Free  service  by  public  service  corporation 
to  public  as  an  invalid  discrimination. 
1917B,  908. 

Permitting  public  service  corporations  alone 
to  apply  to  authorities  for  reduction  of 
rates.  1915C,  282. 

Requiring  enlargement  of  public  service 
plant  so  that  rates  allowed  will  not  give 
a  fair  rate  on  investment.  1916F,  756. 

Regulation  of  fire  insurance  rates.  1915C, 
1189. 

Validity  of  by-law  of  benefit  society  chang- 
ing rates.  1916C,  1051 ;  1916F,  919. 


BATE    SCHEDULE. 

Admissibility  in  evidence.    1917A,  197. 


RATIFICATION. 

Of  illegal  contract,  see  CONTRACTS. 
By  corporation,  see  CORPORATIONS. 
Presumption  and  burden  of  proof  as  to,  see 

EVIDENCE. 
Of  agent's  acts,  see  PRINCIPAL  AND  AGENT. 

Of  contract  with  city.    1915A,  982. 

Of   municipal    indebtedness.      1915A,   1009; 

1915D,  978. 
Of  contract  made  while  intoxicated.    1915B, 

1121. 

By  bank,  of  act  of  officer.     191 7F,  303. 
By  principal  of  acts  of  stockbroker.    1917C, 

737. 
By   executors    of    contract   with    agent   by 

testator.     1915C,  601. 
Right  of  administrator  to  ratify  order  upon 

decedent's  bank  account  which  he  had 

forged  so  as  to  absolve  the  bank  from 

liability.     1915E,  840. 


RATS. 

Ordinance    requiring    rat    proofing    of    all 
buildings  in  city.     1916A,  1228. 


RAT     TRAPS.     . 

Claim  for,  as  within  protection  of  contract- 
or's bond.     1917A,  336. 


READING. 

Of  bill  before  passage.     1915 A,  1210. 


REAL    ESTATE    BROKERS. 

See  BROKERS. 


REAL    PROPERTY. 

Adverse  possession  of,  see  ADVERSE  POSSES- 
SION. 

Oral  contracts  as  to,  see  CONTRACTS. 

Interests  of  cotenants,  see  COTENANCY. 

Covenants  and  conditions  as  to,  see  COVE- 
NANTS AND  CONDITIONS. 

Estate  by  curtesy,  see  CORTESY. 

Measure  of  damages  for  breach  of  contract 
as  to,  see  DAMAGES. 

Measure  of  damages  for  injuries  to,  see 
DAMAGES. 

Dedication  of,  see  DEDICATION. 

Deeds  of,  see  DEEDS. 

Easements  in,  see  EASEMENTS. 

Estoppel  as  to,  see  ESTOPPEL. 

As  to  fixtures,  see  FIXTURES. 

Rights  of  husband  and  wife  in,  see  HUS- 
BAND AND  WIFE. 

Injunction  against  injury  to,  see  INJUNC- 
TION. 

Matters  as  to  landlord  and  tenant,  see  LAND- 
LORD AND  TENANT. 

Laches  as  bar  to  action  respecting,  see 
LIMITATION  OF  ACTIONS. 

When  Statute  of  Limitations  begins  to  run 
against  action  respecting,  see  LIMITA- 
TION OF  ACTIONS. 

When  suit  respecting,  is  barred  by  limita- 
tions, see  LIMITATION  OF  ACTIONS. 

Mortgage  on,  see  MORTGAGE. 

Partition  of,  see  PARTITION. 

Suspension  of  alienation  of,  see  PERPETUI- 
TIES. 

As  to  public  lands,  see  PUBLIC  LANDS. 

Records  of  title,  see  RECORDS  AND  RECORD- 
ING LAWS. 

Specific  performance  of  contracts  as  to,  see 
SPECIFIC  PERFORMANCE. 

Taxation  of,  see  TAXES. 

As  to  timber  on,  see  TIMBER. 

Rights,  duties  and  liabilities  on  transfer  of, 
see  VENDOR  AND  PURCHASER. 

Defects  in  title  to,  see  VENDOR  AND  PUR- 
CHASER. 

Charge  upon,  by  will,  see  WILLS. 

Conversion  into  personalty  by  will,  see 
WILLS. 

Devise  of,  se,e  WILLS. 

Annotation*. 

Effect  of  devise- or  bequest  of  store, 
shop,  or  business  to  carry  realty 
upon  tcliich  the  business  is  con- 
ducted. 1917D,  439. 

Liability,  in  absence  of  negligence,  fot 
damages  to  land  or  buildings  from 
substances  throicn  in  blasting. 
1917A,  1016. 

Purchase  or  improvement  of,  as  a  fam- 
ily e.rpcn-sc  or  necessary/  u'itliin 
statute  rendering  u-ife  or  her  prop- 
erty liable  therefor.  1917F,  862. 


REAL  PROPERTY— RECEIVERS. 


361 


Collusiveness       of       judgment      affecting. 

1917A,  685. 
Venue  of  action  relating  to.     1915F,  1029; 

1916F,  687. 

Duress  of  real  property.    1915B,  498. 
Evidence  as  to  value  of.    1916E,  420;  1916F, 

756. 
Injunction    against   sale   of,   on   execution. 

1915F,  1120. 

Devise  by  nuncupation.     1916E,  1130. 
Proximate  cause  of  injury  to.     1915F,  835. 
Question  for  jury  as  to  negligence  causing 

injury  to.    1915F,  835. 
Injury  to,  by  blasting.     1915E,  356. 


REASONABLE   DOUBT. 

Instruction  on.     1917C,  52. 


REASONABLENESS. 

Of  municipal  ordinance,  see  MUNICIPAL  COB- 

POEATIONS. 
Question  for  jury  as  to,  see  TRIAL. 

Annotation. 

Of  inspection  fee.     1917D,  749. 

Of  condition  in  insurance  contract  against 
liability  for  death  resulting  from  vio- 
lation of  law.  1917C,  195. 

Of  rule  of  employer.    1916E,  927. 


REASSESSMENT. 


Of  cost  of  public  improvement.    1915D,  772. 


REBATES. 

By  carriers,  see  CARBIEKS. 

Retroactive  effect  of  statute  as  to.     1917B, 

908. 

Statute  forbidding  the  giving  or  accepting 
.of  a  rebate  on  a  sale  of  anti-hog-cholera 
serum.  1916F,  136. 


REBUTTAL. 

Evidence  in,  see  EVIDENCE. 


RECALL. 

See  INITIATIVE,  REFERENDUM,  AND  RECALL. 

*-»-*• 

RECANTATION. 

Recantation  by  state's  witnesses  as  ground 
for  new  trial.     1916F,  1044. 


RECEIPT. 

As  to  warehouse  receipts,  see  WAREHOUSE- 
MEN. 

Parol   evidence  concerning.     1917E,   1060. 

Estoppel  by  receipt  given  to  secure  sur- 
render of  attached  property  by  officer. 
1916F,  939. 

Effect  of  Interstate  Commerce  Act  on  car- 
rier's duty  to  give  receipt  for  interstate 
1915B,  450. 


RECEIVERS. 

In  general. 

Appointment;  removal. 
Powers,  liabilities,  property,  and  con- 
trol. 

Claims  against;  priorities. 
Actions  and  remedies. 
Expense  of  receivership. 
Foreign  and  ancillary  receivers. 
Sales  by  receiver;  rights  of  purchaser. 


In  general. 

Application  to  railroad  company  in  pos- 
session of  receivers  of  statute  requiring 
maintenance  of  union  stations.  19151), 
98. 

Appointment;  removal. 

Annotations. 

Power  to  appoint  receiver  for  foreign 
corporation  for  which  no  domicil- 
iary receiver  has  been  appointed. 
1917D,  295. 

Appointment  of  receiver  for  dissolved 
corporation.'  1917D,  1O35. 

Interest  during  receivership  on  claims 
accruing  prior  to  appointment  of 
receiver.  1917D,  1157. 

Right  of  stockholder  to  sue  for  appoint- 
ment of  receiver  on  account  of 
transactions  occurring  prior  to  his 
acquisition  of  stock,.  1917F,  7O4. 

Jurisdiction  to  appoint.  1916B,  1182 ; 
1917D,  291,  1032. 

Ex  parte  appointment.    1915A,  606. 

Effect  of  appointment  of  receiver  to  revive 
right  of  action.  1916F,  709. 

Effect  of  appointment  of  receiver  for  insol- 
vent corporation  to  stop  running  of  in- 
terest on  company's  mortgage  bonds  in 
favor  of  unsecured  creditors.  1917D, 
1152. 

Appointment  of  receiver  for  lessee  as  breach 
of  covenant  against  assignment  of  lease. 
1915B,  998. 

Appointment  of  receiver  for  solvent  cor- 
poration. 1915A,  606;  1917E,  784. 


362 


RECEIVERS— RECOGNITION.- 


Appointment  of  receiver  for  corporation  on 
application  of  minority  stockholders. 
1915A,  606;  1917F,  700. 

Powers,  liabilities,  property,  and  con- 
trol. 

Annotation. 

Right  of  receiver  in  behalf  of  general 
creditors  to  complain  of  failure  to 
record  contract  of  conditional  sale. 
1911C,  442. 

Exclusiveness  of  control  of  court  appointing 
receiver  over  assets  in  his  hands. 
1915F,  1219. 

Election  of  remedy  by  one  dealing  with  re- 
ceiver acting  without  authority  as 
against  successor  legally  appointed. 
1916C,  516. 

Necessity  that  receivers  taking  possession  of 
property  purchased  by  persons  who  as- 
sumed without  authority  to  act  as  re- 
ceivers pay  the  contract  price  therefor. 
1916C,  516. 

Right  of  one  selling  equipment  to  receiver 
acting  without  authority  to  repudiate 
contract  for  invalidity  upon  legal  ap- 
pointment of  receiver.  1916C,  516. 

Liability  of  receiver  for  nuisance  existing  at 
time  he  takes  possession.  1916F,  1018, 
1021. 

Liability  for  negligence.     1917A,  536. 

Claims  against;  priorities. 

Claim  for  taxes.     1915E,  211. 
Priority.     1915E,  211. 

Actions  and  remedies. 

Mandamus  to  receiver.     1915D,  98. 

Effect  of  appointment  of  receiver  to  revive 
right  of  action.  1916F,  709. 

Service  of  process  on  receiver  of  foreign  cor- 
poration. 1916F,  359. 

Venue  of  action  by  receiver  of  insolvent  com- 
pany to  enforce  statutory  liability  of 
stockholders.  1916D,  1129. 

Jurisdiction  of  equity  of  action  by  receiver. 
1917A,  971. 

Right  to  maintain  action  to  enforce  stock- 
holders' liability.  1915B,  797. 

Right  of  receiver  to 'maintain  action  against 
heirs  of  deceased  bank  director  to  re- 
cover for  losses  caused  by  his  misman- 
agement. 1917A,  071. 

Leave  of  court.     1915B,  998;   1915D,  98. 

Right  of  receiver  to  appeal  without  permisi 
sion  of  court.  1915D,  802. 

Necessity  of  leave  of  banking  commissioner 
to  sue  a  receiver  of  an  insolvent  bank. 
1917D,  1002. 

Necessary  parties  defendant  in  action 
against  receiver.  1917D,  1002. 

Expenses  of  receivership. 

Attorney's  fees  as  cost  of  receivership. 
1915A,  606;  1915F,  1219. 

Jurisdiction  of  court  other  than  that  ap- 
pointing receiver  to  allow  attorney's  fee. 
1915F,  1219. 


Foreign  and  ancillary  receivers. 

Annotation. 

Power  to  appoint  receiver  for  foreign 
corporation  for  which  no  domicil- 
iary receiver  had  been  appointed. 
1917D,  295. 

Sales  by  receiver;  rights  of  purchaser. 

Annotation. 

Right  of  purchaser  at  a  receiver's  sale 
of  land  subject  to  a  mortgage  to 
question  the  validity  of  the  mort- 
gage. 19  nC,  839. 


Finality  of  judgment  in  suit  to  relieve  de- 
cree directing  sale  of  certain  provisions. 
1915A,  699. 

Extent  of  review  on  appeal  from  judgment 
refusing  to  modify  prior  decree  direct- 
ing sale.  1915A,  699. 

Modification  of  decree  directing  receiver  to 
sell  property.  191  5  A,  699. 

Duty  of  court  in  directing  sale  of  railroad 
property  by  receiver,  to  require  him  to 
stipulate  for  observance  of  a  contract 
between  the  road  and  a  municipality 
which  subscribed  to  its  stock.  1915A, 


RECEIVING  STOLEN  PROPERTY. 

Annotation. 

Constitutionality  of  statute  malting  the 
receiving  of  certain  kinds  of  prop- 
erty a  criminal  offense.  1917F, 
7O9. 

Indictment  for.     1915B,  83. 

Statute  making  one  who  purchases  or  re- 
ceives material  belonging  to  railroad 
company  without  written  consent  of  the 
company,  guilty  of  a  misdemeanor. 
1917F,  706. 


RECITALS. 


In  municipal  bonds,  see  BONDS. 

Estoppel  by  recitals  in  deed.     1915A,  200. 
Estoppel    by    recitals    in    redelivery    bond. 
1915A,  1132. 


RECOGNITION. 

Annotation. 

Of  Mexican  government,  effect  on  liti- 
gation arising  out  of  Mexican  revo- 
lution. 1917A,  28O. 

Of  foreign  government;  conclusive  on  courts 
of  declaration  of  department  of  state 
as  to.  1917A,  276. 

Of  illegitimate  child  by  father.     1916E,  654. 


RECOGNIZANCE— RECORDS  AND  RECORDING  LAW. 


363 


RECOGNIZANCE. 

On  appeal,  see  APPEAL  AND  ERROR. 

As  to  bail,  see  BAIL  AND  RECOGNIZANCE. 


RECOMMENDATION. 

Liability  of  one  recommending  another  for 
credit.     1915A,  100;  1916E,  362. 


RECORDER'S  COURT. 

Jurisdiction  of  appeal  to  test  jurisdiction  of. 
1916A,  1228.    ' 


RECORDS   AND   RECORDING  LAW. 

In  general. 
Judicial  records. 
Records  of  title. 

—  in    general;    what    may    be    re- 

corded. 

—  requisites  and  sufficiency  of  rec- 

ord. 

—  necessity  of  recording;  effect  of 

failure;  reliance  upon  records. 

—  as 'not ice:  effect  of  recording. 


In  general. 

Liability  for  defective  search  of,  see  AB- 
STRACTS. 

Recording  of  chattel  mortgage,  see  CHATTEL 
MORTGAGE. 

Estoppel  by  record,  see  ESTOPPEL. 

Parol  evidence  as  to  records,  see  EVIDENCE. 

Annotations. 

Effect  of  insertion  of  unauthorized  pro- 
visions in  recorder's  bond.  1917B, 
995. 

Requiring  registration  of  cattle  be- 
longing to  persons  selling  milk. 
1917C,  253. 

Right  to  have  record  of  arrest  canceled. 
1917E,  777. 

TF/io  may  take  advantage  of  failure  to 
file  assignment  of  a  building  con- 
tract or  of  the  money  due  there- 
under. 1917F,  1127. 

Right  of  innocent  person  arrested  through 
mistake  to  have  the  record  of  the  ar- 
rest canceled  or  destroyed.  1917E, 
774. 

Right  of  officer  who  has  prepared  an  index 
of  public  records  at  his  own  expense  to 
remove  it  at  expiration  of  term.  1917B, 
1179. 

Failure  of  corporation  to  file  organization 
papers  as  required  by  statute.  3916C, 
189. 


Recording  of  assumed  name  under  which 
business  is  transacted.  1915D,  981,  987. 

Filing  of  designations  of  additional  terms 
of  court.  1915B,  103. 

Discrimination  in  taxation  between  ordinary 
credits  and  those  secured  by  instru- 
ments of  record.  1915A,  185. 

Judicial  records. 

Record  on  appeal,  see  APPEAL  AND  ERROB. 
Records  as  evidence  generally,  see  EVIDENCE. 
Of  judgment,  see  JUDGMENT. 

Judicial  notice  of  judicial  records.     1915D, 

817;   1916A,  711. 
Parol  evidence  to  show  alteration  of.     1916D, 

820. 

Records  of  title. 

—  in  general;  what  may  be  recorded. 

Filing    of    chattel    mortgage,    see    CHATTEL 

MORTGAGE. 
Recording  of  conditional  sale,  see  SALE. 

Annotations.  » 

Right  of  assignee  or  receiver  in  behalf 
of  general  creditors  to  complain  of 
failure  to  record  contract  of  con- 
ditional sale.  1917C,  442. 

What  is  "personal  property"  u'itliin 
registration  laws.  1917C,  629. 

Who  bound  by  judgment  in  proceeding  to 
register  land  title.  1916D,  4,  7. 

Collateral  attack  on  judgment  in  proceeding 
to  register  title.  1916D,  1,  4. 

Registration  tax  on  privilege  of  recording 
real  estate  mortgage.  1916E,  602. 

Statute  as  to  recording  notice  of  redemption 
from  mortgage.  1915D,  349. 

Recording  conditional  sale.     1917C,  440. 

Exemption  from  payment  of  recording  fee 
of  farm  loan  mortgages.  1917A,  495. 

Right  to  register  title  gained  by  prescrip- 
tion. 1916D,  3. 

—  requisites  and  sufficiency  of  record. 

Description  of  land  in  record  of  mortgage. 
1916A,  525. 

—  necessity     of     recording;     effect     of 

failure;   reliance  upon  records. 

Of  chattel  mortgage,  see  CHATTEL  MORTGAGE. 

Unrecorded  deed  as  color  of  title.  1915B, 
1006. 

Estoppel  of  one  failing  to  place  land  con- 
tract on  record.  1916B,  1063. 

As  against  creditors  and  subsequent  pur- 
chasers. 1916B,  653;  1916D,  4;  1917C, 
883;  1917F,  1123. 

Reliance  upon  record.  1916B,  1063;  1916D, 
4. 

—  as  notice;  effect  of  recording. 

Notice  by  possession  or  servitude,  see  NO- 
TICE. 

Effect  of  recording  deed  to  make  it  effective 
as  to  all  grantees  benefited  by  it  who 
did  not  dissent.  3915A,  671. 


364  RECOUPMENT— REIMBURSEMENT. 

RECOUPMENT. 

See  SET-OFF  AND  COUNTERCLAIM. 


RECOURSE. 

Indorsement   without,   on   note,   see   BILLS 
AND  NOTES. 


REDEMPTION. 

From  foreclosure  sale,  see  MOBTGAGE. 


RED  FLAG. 

Forbidding  carrying  of,  in  parade.     1915B, 
706. 


REDUCTION. 

Of  damages,  see  DAMAGES. 


RE-ENTRY. 

By  landlord  generally,  see  LANDLORD  AND 
TENANT. 


As  prerequisite  to  ejectment  suit. 
679. 


1915A, 


RE-EXAMINATION. 

Of  witness.    1916F,  1044. 


REFERENCE. 

Review  of  findings  on  appeal,  generally,  see 
APPEAL  AND  ERROR. 

Treating  report  of  one  designated  as  auditor 

as  that  of  a  master.    1916F,  528. 
Exceptions   to   rulings    of   law   by    master. 

1916C,  218. 
Review  on  appeal  of  rulings  on  exceptions  to 

a  master's  report  not  appealed  from. 

1917F,  755. 


REFERENDUM. 

See  INITIATIVE,  REFERENDUM  AND  RECALL. 


REFORMATION. 

Of   instruments,   see   REFORMATION   OF   IN- 
STRUMENTS. 


Annotation. 

As  affecting  right  to  divorce  on  ground 

of   drunkenness   or   use   of   drugs. 

1917D,  364. 


REFORMATION    OF    INSTRU- 
MENTS. 

Of  insurance  policy,  see  INSURANCE. 

Annotation. 

Effect  of  the  Statute  of  Frauds  upon 

the   poiver   of   equity    to    reform    a 

contract.     1917A,  571. 

Jurisdiction  to  reform  as  against  nonresi- 
dents. 1917B,  385. 

Power  of  equity  to  reform  contract  which 
does  not  comply  with  Statute  of 
Frauds.  1917A,  563. 

Reformation  of  mortgage  inadvertently  exe- 
cuted instead  of  deed.  1917A,  6l>2. 

Reforming  instrument  by  inserting  omitted 
matter  and  decreeing  its  specific  per- 
formance. 1917A,  602. 

Refusal  of  specific  performance  where  de- 
scription of  boundaries  which  failed  to 
satisfy  Statute  of  Frauds  has  been  re- 
formed by  parol  evidence.  1917A,  596. 

For  mistake.     1917A,  600,  602. 


REFRESHMENTS. 

Annotation. 

Applicability  of  Sunday  laics  to  sale  of. 
1917C,   381. 

Sale  of,  on  Sunday.    1917C,  377. 

Grant  to  individual  of  exclusive  right  to 

operate    refreshment    stand    in    park. 

1916D,  491. 


REFRIGERATING  PLANT. 

As  a  fixture.    1916E,  615. 


REGISTRATION. 

Of  instruments  affecting  land,  see  RECORDS 
AND  RECORDING  LAWS. 


REHEARING. 


On  appeal,  see  APPEAL  AND  ERROR. 
Of  judgment  or  decree,  see  JUDGMENT. 


REIMBURSEMENT. 

Of  personal   representative,   see  EXECUTORS 
AM)  ADMINISTRATORS. 


REIMBURSEMENT— RELIGIOUS  LIBERTY. 


365 


Of  one  ejected  from  real  property  for  mort- 
gages paid.    1915F,  771. 


REINSTATEMENT. 

Of  insured,  see  INSURANCE. 


RELATION. 

Of  parties  to  commercial  paper,  parol  evi- 
dence as  to.  1917F,  1065. 

Evidence  of  relationship  generally.  1915D, 
215. 


RELATIVE. 

Insurable  interests  of.     1917C,  925. 
Statement  in  application  for  insurance  as 

to  health  or  cause  of  death  of  relatives 

of  insured.     1917C,  858. 
Privilege  of  statement  to  relative.     1915A, 

572. 

Evidence  of  relationship.     1915D,  215. 
Liability  of  relatives  of  pauper  for  hospital 

and  medical  care.    1915E,  844. 


RELATOR. 

In  mandamus  proceeding.    1917F,  215. 


RELEASE. 

In  general. 

What  included  in;  effect. 

Validity;  setting  aside. 


In  general. 

Of  expectancy,  see  EXPECTANCIES. 

Of  one  joint'  debtor,  see  JOINT  CREDITORS 

AND  DEBTORS. 

From  mortgage,  see  MORTGAGE. 
Of  surety,  see  PRINCIPAL  AND  SURETY. 
Of  one  subscribing  to  fund  for  charitable 

object,  see  SUBSCRIPTIONS. 

Annotation. 

Of  the  right  to  a  third  person's  serv- 
ices. 1917F,  842. 

Offer  by  attorney  in  behalf  of  client  of  al- 
leged release  which  he  knows  is  not 
valid.  1917B,  378. 

Of  guarantor.     1917D,  402. 

From  subscription  to  stock.  1915D,  792; 
1916B,  1114;  1917C,  890. 

Of  consignor  from  liability  for  freight 
charges.  1917A,  663. 

Consideration  for  agreement  to  release  prin- 
cipal of  note.  1916C,  384. 


Effect  of  method  by  which  amount  received 
in  consideration  of  release  is  arrived  at. 
1915E,  369. 

What  included  in;  effect. 

Annotation. 

Release  of  one  of  two  or  more  persona 
severally,  but  not  jointly,  liable  for 
a  tort,  as  affecting  liability  of  oth- 
ers. 19 17 A,  273. 

Effect  of  settlement  by  insured  with  one 
responsible  for  loss  to  defeat  insurer's 
right  to  subrogation.  1916A,  1280. 

Effect  of  settlement  between  injured  em- 
ployee and  his  employer  on  right  to 
recover  for  malpractice  of  physician 
employed  by  master.  1916D,  644. 

By  porter  on  Pullman  car  of  carrier's  liabil- 
ity for  injury.  1915D,  510. 

Release  of  claim  for  damages  by  injured 
person  as  defense  to  action  for  his 
death.  1915E,  1075. 

Of  claim  for  death  as  defense  to  action 
therefor.  1917A,  270. 

Validity;  setting  aside. 

Cancelation  of  release  as  condition  prec- 
edent to  action  at  law  to  set  aside 
release  and  recover  damages.  1917E, 
399. 

Review  of  discretion  on  appeal  in  action  in- 
volving validity  of  release.  191 6D,  144. 

Burden  of  proof  in  suit  to  set  aside.  1916B, 
769. 

Sufficiency  of  proof  of  undue  influence  in 
security.  1915E,  1185. 

Estoppel  by  release.    1916E,  854. 

Sufficiency  of  consideration  for.    191 6C,  384. 

Validity  of  contract  as  to  release  of  claim 
for  injuries.  1915E,  1170;  1917D,  641. 

Release  given  by  ward  to  his  guardian. 
1916E,  854. 

Setting  aside  because  of  fraud.    1917E,  399. 

Setting  aside,  because  of  false  representa- 
tions of  physician  honestly  made. 
1916D,  144. 

Mistake  as  ground  for  setting  aside.  1916B, 
769. 


RELEVANCY. 

Of  evidence,  see  EVIDENCE. 


RELIANCE. 

On  false  representation,  see  FRAUD  AND  DE- 
CEIT. 


RELIGIOUS  LIBERTY. 

See  CONSTITUTIONAL  LAW. 


366 


RELIGIOUS  SOCIETIES— REMEDY  AT  LAW. 


RELIGIOUS     SOCIETIES. 

In  general. 

Pastors;  Ministers. 

Membership. 

Power  of  ecclesiastical  tribunals. 


In  general. 

Jurisdiction  of  courts  over,  see  COUBTS. 
Exemption  of,  from  taxation,  see  TAXES. 

I  I/  notat inn. 

Injunction  to  prevent  disturbance  of 
religious  worship.  1917D,  996. 

Forbidding    operation    of    moving    picture 

show  within  certain  distance  of  church. 

1916D,  95. 
Forbidding   sale  of  liquors   within   certain 

distance  of  church.     1915E,  408. 
Forbidding  location  of  garage  near  church. 

1915D,  607. 
Mandamus  to  prevent  holding  of  graduating 

exercises  in  church.     1916D,  399. 
Injunction  against  disturbance  of  religious 

worship.     1917D,  994. 
Extinguishment    of    easement    created    in 

favor  of  church  lot  by  conversion  of  the 

church  building  into  a  business  house. 

1917A,  524. 
Who   may   enforce   restrictive   covenant   in 

favor  of  church  lot.     191 7A,  524. 
Presumptions  as  to  consideration   for  note 

•to  church  by  member  thereof.     1917C, 

1005. 

Pastors;  ministers. 

Annotations. 

Going  to  another  state,  county,  or  dis- 
trict to  preach  as  effecting  a  change 
of  domicil  or  residence.  1917 A, 
294. 

Wliat  trords  uttered  concerning  clergy- 
men are  actionable  per  se.  1917F, 
551. 

Necessity  of  presence  of  clergyman  at  mar- 
riage. 1915E,  109;  1916F,  793. 

Publishing  fact  that  charges  against  a  min- 
ister were  read  and  by  unanimous  vote 
sustained  by  a  church  conference  and 
that  the  church  had  withdrawn  fellow- 
ship from  him.  1917F,  548. 

Injunction  to  prevent  member  from  insult- 
ing or  molesting  pastor.  1917D,  994. 

Right  of  action  for  temporary  exclusion  of 
communicant  from  church  building  by 
minister.  1916D,  371. 

Liabilitv  of  clergyman  for  refusing  the  sac- 
raments. 1916D,  371. 

Liability  of  bishop  for  acts  of  priest.  1915B, 
825. 

Membership. 

Right  of  member  to  enforce  his  religious 
rights  in  civil  courts.  1916D,  371. 

Right  of  action  for  temporary  exclusion  of 
communicant  from  church  building  by 
minister.  1916D,  371. 


Action  against  clergyman  for  refusing  the 
sacraments  to  communicant.  1916D, 
371. 

Injunction  to  prevent  member  from  insult- 
ing or  molesting  pastor.  1917D,  994. 

Power  of  ecclesiastical  tribunals. 

Conclusiveness  of  decisions  of  their  tribu- 
nals, see  COUBTS. 


RELIGIOUS    TEACHING. 

In  schools,  see  SCHOOLS. 


REMAINDERMEN. 

In  general,  see  LIFE  TENANTS. 


REMAINDERS. 

Adverse    possession    against,    see    ADVERSE 

POSSESSION. 
In  real  estate  generally,  see  DEEDS;  WILLS. 

Acceleration  of.     1915A,  671. 


REMANDING. 

See  APPEAL  AND  ERROR. 


REMEDIES. 

Conflict  of  laws  as  to,  see  CONFLICT  OF 
LAWS. 

Constitutionality  of  regulations  as  to,  see 
CONSTITUTIONAL  LAW. 

In  case  of  illegal  contract,  see  CONTRACTS. 

Of  party  to  ultra  vires  contract,  see  CORPO- 
RATIONS. 

Election  of,  see  ELECTION  OF  REMEDIES. 

Of  owners  in  eminent  domain  case,  see  EMI- 
NENT DOMAIN. 

For  nuisance,  see  XUISANCES. 

Annotation. 

Right    of    action    for    fraud    or    deceit 

causing    loss    of    remedy.      1917F, 

712. 

Vested  right  in.    1916B,  1209. 
For  breach   of  contract  to   furnish  water. 
1917D,  678. 


REMEDY     AT     LAW. 

Effect  of,  on  equitable  jurisdiction.  1916A, 
965;  1916E,  718:  1917C,  75;  1917F, 
744. 

Sufficiency  of  remedy  at  law  to  prevent  i**ue 
of  writ  of  prohibition.  1917F,  905. 


REMITTITUR— REPLEVIN. 
REMITTITUR.  |  RENUNCIATION. 

On  appeal.     1915E,  1141;  1916E,  420.  I  Of  devise  or  legacy.    1915B,  1156. 


367 


REMOTE  GRANTEES. 

Rights  of,  on  covenant.     1916D,  611. 


REMOVAL. 

Of  officer,  see  OFFICEBS. 
Of  teacher,  see  SCHOOLS. 


REMOVAL    OF    CAUSES. 

In  general. 

Transfer  of  cause  between  different  state  or 
territorial  courts,  see  COURTS. 

Petitioning  to  remove  cause  to  Federal 
court  as  a  general  appearance.  1917E, 
1152. 

Right  of. 

Imposing  penalty  on  removal  of  action  by 
foreign  corporation.  1915F,  1187; 
1916F,  122. 


RENDERING. 

Limiting  right  of  rendering  within  city  lim- 
its.    1915F,  1196. 


RENEWAL. 

Of  lease  by  tenant.    1916E,  1227,  1235. 
Power  of  insurance  agent  to  agree  to  renew 
policy  on  its  expiration.    1916C,  779. 


RENT. 

Liability  for,  generally,  see  LANDLORD  AND 
TENANT. 

Annotation. 

As  a  family  expense  or  necessary  ivithin 
statute  rendering  wife  or  Tier  prop- 
erty liable  therefor.  1917F,  862. 

Wife's    liability   for   rent   of   family   home. 

1917F,  860. 
Husband's  right  to  recover  rents  of  wife's 

property.     191 5D,  996. 
Insurance  against  loss  of.     1916F,  693. 
Claim   for    rental   of   machinery   as   within 

protection  of  contractor's  bond.    1917B, 

558. 


REPAIRS. 

Landlord's  liability  for  personal  injury  re- 
sulting from  failure  to  make,  see  LAND- 
LORD AND  TENANT. 

Annotations. 

Duty  of  tenant  to  repair  premises  used 

in  common.     1917C,   389. 
Effect  of  malting  repairs  to  impose  on 

landlord  implied  duty  to  keep  the 

leased  premises  in  repair.     1917F, 

998. 

Provision  for,  in  contract  for  public  im- 
provement. 1915F,  854. 

Lien  for,  generally.   1915D,  1141,  1146,  1149. 

Mechanics'  lien  for  repairs  on  leased  prop- 
erty made  at  request  of  tenant.  1917D. 
575. 

Implied  duty  of  landlord  as  to.  1917D, 
1149;  1917F,  997. 

Covenants  as  to,  in  lease.  1916F,  1063, 
1149,  1155;  1917C,  387. 

Landlord's  liability  for  injury  from  failure 
to  make.  1915B,  324;  1916F,  1101, 
1137,  1149,  1155. 

Injury  to  guest  as  result  of  negligent  per- 
formance by  landlord  of  his  gratuitous 
undertaking  to  repair  the  leased  prem- 
ises. 1916F,  1077. 


REPEAL. 


Of  statute,  see  STATUTES. 


REPETITION. 

Evidence  of  repetition  of  slander  to  show 
malice.  1915C,  774;  1915E,  413. 

Of  instructions.  191 5D,  644;  1915F,  1087; 
1916D,  767;  1917C,  89. 


REPLEVIN. 

In    general;    right   of   action    and   re- 
covery. 

Procedure. 

—  in  general. 

Proceedings  for  taking  and  redelivery 
of  property. 


In  general;  right  of  action  and  recov- 
ery. 

Annotation*, 

Right  of  tenant  or  cropper  to  maintain 
replevin  for  crops.     1917C,   1114. 


368 


REPLEVIN— RESERVATION. 


Replevin  for  property  held  under  re- 
delivery  bond  given  to  secure  re- 
lease of  property  from  legal  proc- 
ess. 1917D,  987. 

Evidence  as  to  malice  of  defendant.  1915F, 
664. 

Injunction  against.     1917C,  75. 

Condition  precedent.  1916B,  748;  1917A, 
696. 

Plaintiff's  title  and  possession.  1917C, 
1111. 

Right  of  actual  owner  of  property  to  main- 
tain replevin  against  one  in  posses- 
sion of  the  property  under  a  rede- 
livery  bond  given  in  an  action  to  which 
the  real  owner  was  not  a  party.  1917D, 
984. 

To  recover  exempt  property  levied  on. 
1915D,  381. 

To  recover  gambling  devices  wrongfully 
seized.  1915A,  232. 

To  secure  possession  of  paid  note.  1916E, 
536. 

For  undivided  interest  in  printing  plant 
1916B,  1182. 

Procedure. 
—  in  general. 

Annotations. 

Effect  of  insertion  of  unauthorized  pro. 
visions  in  replevin  bond.  1917B, 
997,  1O16. 

Liability  on  replevin  bond  inhere  suit 
is  dismissed  or  discontinued  or 
nonsuit  suffered,  unthout  a  judg- 
ment for  the  return  of  the  property. 
1917A,  1191. 

Replevin  for  property  held  under  rede- 
livery  bond  given  to  secure  release 
of  property  from  legal  process. 
1917D,  987. 

Liability  on  bond.     1917A,  1188. 

Effect  of  filing  of  replevin  bond  in  an  at- 
tachment suit  as  an  appearance.  1916F, 
583. 

Right  to  prove  amount  of  debt  in  mitigation 
of  damages  in  action  of  replevin  against 
chattel  mortgagee  who  has  converted 
property.  1915E,  192. 

Conclusiveness  of  judgment  that  state  court 
has  no  jurisdiction  of  replevin  action  to 
take  property  from  receiver  in  bank- 
ruptcy. 1916A,  634. 

Lack  of  specific  valuation  of  each  article  in 
judgment  for  the  return  of  the  property 
or  in  the  alternative  for  the  payment  of 
a  certain  sum.  1915E,  192. 

Prejudicial  error  in  verdict  and  judgment. 
1915A,  421. 

Proceedings  for  taking  and  redelivery 
of  property. 

Estoppel  of  defendant  to  reclaim  property. 
1917A,  1188. 


REPLY. 

In  general,  see  PLEADING 


REPRESENTATIONS. 

By  insured,  see  INSURANCE. 


REPRIEVE. 

See  CRIMINAL  LAW. 


REPUBLICAN  FORM  OF  GOVERN- 
MENT. 

Guaranty  of,  see  CONSTITUTIONAL  LAW. 


REPUGNANCY. 

In  indictment,  see  INDICTMENT,  ETC. 

Of  provisions  in  accident  insurance  policy. 
1917B,  319. 


REPUTATION. 

Evidence  of,  see  EVIDENCE. 


REPUTED  "WIFE. 

Insurable  interest  of,  in  supposed  husband's 

life.     1917B,  375. 
Liability  of  man  for  necessaries  furnished 

to.     1917B,  1288. 


RESCISSION. 

Of  contract  generally,  see  CONTRACTS. 
Of  sale,  see  SALE. 

Of  land  contract,    see    VENDOR    AND    PUR- 
CHASER. 

Annotation. 

Power  of  corporation  to  rescind  decla- 
ration of  dividend.     1917B,  736. 

Of    declaration    of    dividend    on    corporate 
stock.     1917B,  728. 


RESERVATION. 

In  deed,  see  DEEDS. 

Annotation.         < 

Validity    of   reservation   in    dedicating 
land  for  street.     1917C,  229. 

In   dedication   of  land   for   street.     1917C, 
225. 


RESERVOIRS— RESTRAINT  UPON  ALIENATION. 


369 


RESERVOIRS. 

i  ti notation. 

Contributory  riegligence  of  child  fall- 
ing into.     1917F,   1O9. 

Drowning  of  child  in.     1915D,  850. 


RES  GESTJE. 


See  EVIDENCE. 


RESHIPMENT. 

Wrongful  reshipment  of  goods  by  carrier 
cause  of  consignee's  delay  in  removal. 
1917D,  916. 


RESIDENCE. 


See  DOMICIL. 


RESIGNATION. 

From  office,  see  OFFICERS. 

Acceptance    of     resignation     of    employee. 
1915D,  477. 


RES  IPSA  LOQUITUR. 

See  EVIDENCE. 


RESISTING    OFFICER. 

Killing  of   insured,   while  resisting   arrest. 
1917E,  311. 


RES  JUDICATA. 

Former   jeopardy   as  a  bar,   see   CRIMINAL 

LAW. 
In  general,  see  JUDGMENT. 


RESPONDEAT  SUPERIOR. 

See  MASTER  AND  SERVANT. 


RESTAURANTS. 

Annotation. 

Applicability  of  Sunday  laws  of  sale  of 


food    and    refreshments. 
3S1. 


1917C, 


Validity  as  to  restaurant  proprietor  of 
ordinance  regulating  removal  of  gar- 
bage. 1917E,  1163. 

When  an  jury  to  employee  is  within  protec- 
tion of  Workmen's  Compensation  Act. 
1917B,  595. 

Power  of  municipality  to  prohibit  dancing 
in.  1917A,  1170. 

License  tax  on  sale  of  cider  by  keeper  of. 
1917C,  460. 

Implied  warranty  of  quality  of  food  fur- 
nished to  customer.  1915B,  481. 


RESTITUTION. 

Annotation. 

Measure  of  restitution  u'here  property 
is  sold  under  a  judgment  or  order 
subsequently  reversed  without  in- 
tervening supersedeas  or  stay. 
1917C,  1179. 

On  reversal  of  judgment.     1917C,  1176. 


RESTORATION. 

On  rescission  of  contract  generallv.     1916F, 

476;  19]  7A,  671. 
On      disaffirmance      of     infant's      contract. 

1915C,  362;    1915E,  465. 
Of    property    obtained    by    means    of    false 

pretenses.     1916E,  li04. 
Of  stream  to  original  channel.    1916F,  403. 


RESTRAINT  OF  MARRIAGE. 

Annotation. 

Validity  and  effect  of  contlitions  re- 
quiring consent  to  marriage  of 
legatee  or  devisee.  1917 D,  46S. 

Effect  on  right  of  action  for  breach  of  prom- 
ise, of  attempted"  contract  of  settlement 
invalid  because  in  restraint  of  marriage. 
1915D,  1064. 

Condition  as  to,  in  will.  1917A,  40; 
1917D,  464. 


RESTRAINT    OF  TRADE. 

See  CONTRACTS;   MONOPOLY  AND  COMBINA- 
TIONS. 


RESPONSIBLE  BIDDER. 

Who  is  lowest  responsible  bidder  entitled  to  j 
public   contract.     1915A,   198.  ,| 

L.R.A.  Tri.  Index  1915-17.— 24. 


RESTRAINT    UPON   ALIENATION. 

See  COVENANTS  AND  CONDITIONS;  PERPETUI- 
TIES ;  WILLS. 


370 


RESTRICTIVE  COVEN  ANTS— RE  VOLUTION. 


RESTRICTIVE  COVENANTS. 

See  COVENANTS  AND  CONDITIONS. 


RESTRICTIVE    INDORSEMENT. 

See  BILLS  AND  NOTES. 


RESULTING  TRUSTS. 

See  TBUSTS. 


RETAINING  JURISDICTION. 

By  equity  to  give  full  relief.     1915A,  549; 

1915F,  1012;  1917D,  357. 
In  action  by  administrator.     1915D,  948. 


RETAINING  WALL. 

See  WALLS. 


RETIRING  PARTNER. 

Liability  of.    1915B,  418;  1915F,  711. 


RETROSPECTIVE  LAWS. 

Constitutionality    of,    see    CONSTITUTIONAL 

LAW. 
As    to    when    laws    are    retrospective,    see 

STATUTES. 

Retrospective  operation  of  municipal  ordi- 
nance.    1916D,  583. 


RETURN. 

Of  process  generally,  see  WEIT  AND  PBOC- 

ESS. 

Of  process  on  appeal.    191 5C,  1. 

To  writ  of  mandamus",  demurrer  to.  1915D, 
288. 

To  rule  to  show  cause  in  contempt  proceed- 
ing. 1915D,  1061. 

Failure  of  owner  of  property  to  make  return 
for  taxation.  1915F,  648. 


REVENUE. 

Internal    revenue,   see    INTERNAL   REVENUE. 

What  constitutes  revenue  on  which  guard- 
ian is  entitled  to  commission.  1917C, 
188. 

Powers  of  legislature  as  to  raising  of. 
1915D,  322. 


REVERSIBLE  ERROR. 

See  APPEAL  AND  ERBOB. 


REVERSION. 

In  general,  see  DEEDS. 

Condition  in  conveyance  for  reverter  in  case 
of  marriage.  1916B,  1077. 

Effect  of  transfer  of,  by  landlord  on  liability 
for  condition  of  premises.  1915C,  190. 

Effect  of  transfer  of,  by  landlord  on  liability 
for  rent.  1915C,  234. 

Right  of  transferee  of  reversion  of  lease- 
hold to  enter  because  of  rent  overdue  at 
time  of  assignment.  1915C,  245. 


REVIEW. 

Of  order   or   judgment,    see    APPEAL    AND 

ERROR;  JUDGMENT. 
Of  justice's  judgment,  see  JUSTICE  OF  THE 

PEACE. 
Of  assessment,  see  TAXES. 

Annotation. 

Bill  in  equity  to  set  aside  n  divorce  as 
a  bill  of  review.  1917B,  421. 

Interference  with  rights  of  innocent  pur- 
chaser under  decree  by  bill  to  review 
decree.  1917A,  671. 

When  proper  remedy.     1915D,  772. 


REVISION. 

Of  statute,  see  STATUTES. 


REVIVAL. 

Of  action,  see  ABATEMENT  AND  REVIVAL. 
Of  judgment,  see  JUDGMENT. 


REVOCATION. 

Of  license  generally,  see  LICENSE. 
Of  agency,  see  PRINCIPAL  AND  AGENT. 
Of  wills,  see  WILLS. 

O'f  physician's  license.     1915A,  691 ;   1916D, 

436. 
Of  license  of  foreign  corporation.  1916F, 

122. 
Of  legacy.  1916C,  98. 


REVOLUTION. 

Annotation. 

Litigation  gran-ing  out  of  Mexican  '.'evo- 
lution.     1917A,   2SO. 


REWARD— ROYALTIES.  371 

RE-WARD.  ROLLING   STOCK. 


Right  of  one  who  kills  murderer  while  at- 
tempting to  arrest  him  to  reward  of- 
fered by  state.  1916A,  1276. 

Necessity  of  notice  of  reward  offered  by  gov- 
ernment to  entitle  one  who  complies 
with  its  terms  to  claim  it.  1916A,  1276. 


RIGHT  OF  WAY. 

Ordinance  giving  mail  carrier  right  of  way 
in  street.    1915D,  1021. 


RIOTS. 

See  MOBS  AND  RIOTS. 


RIPARIAN  RIGHTS. 

See  WATEKS. 

. 4  •  » 

RISK. 

Risk  insured  against,  see  INSURANCE. 
Assumption   of,    by   employee,    see   MASTER 
AND  SERVANT.' 


ROADBED. 

Master's  duty  to  servant  as  to  condition  of. 
1917D,  959;  1917F,  802. 


ROBBERY. 

Insurance  against  loss  by,  see  INSURANCE. 

Annotation. 

Evidence  of  other  crim.es  in  prosecu- 
tion for  robbery.  1917D,  3&8. 

Indictment  for,  generally.     1915D,  1070. 

Sufficiency  of  indictment  for  robbery  to  sup- 
port conviction  for  larceny.  1915C,  121. 

Habeas  corpus  to  secure  release  of  one  con- 
victed of.  1915C,  557. 

Statute  giving  court  discretion  as  to  extent 
of  punishment  for  robbery.  1915C,  557. 

Cruel  and  unusual  punishment  for.  1915C, 
557. 

Statute  providing  that  person  making 
threats  with  view  to  extort  money  shall 
be  guilty  of  attempt  to  rob.  1915B, 
1140. 

Merely  inserting  one's  hand  into  another's 
pocket  and  abstracting  therefrom  loose 
change  with  intent  to  steal  it,  as  rob- 
bery. 1915C,  121. 

Evidence  of  other  crimes  in  prosecution  for. 
1917D,  383. 


Annotations. 

Applicability  of  res  ipsa  loquitur  in 
case  of  injury  to  servant  1>y  derail- 
ment of  rolling  stock.  1917E,  212. 

Applicability  of  res  ipsa  loquitur  in 
case  of  injury  to  servant  from  de- 
fect in.  1917E,  226. 


ROOF. 

Injury  to  tenant's  goods  by  leak  in  roof. 
1917B,  235. 


ROOMING  HOUSE. 

See  LODGING  HOUSE. 


.  ROPE. 

Annotation, 

Applicability  of  res  ipsa  loquitur  in  case 
of  injury  to  servant  by  breaking  of 
rope,  chain,  etc.  1917E,  239. 

Injury  by  rope  stretched  across  street. 
1915A,  1199. 


ROTATION. 

Distribution  bv  rotation  of  water  for  irriga- 
tion.    1916F,  236. 


ROUTE. 

For   shipment  of  goods,  parol  evidence  as 
to.     1917A,  58. 


ROYALTIES. 

Annotations. 

Construction  of  provision  as  to-  pay- 
ment of  royalties  in  oil  or  gas  lease 
covering  tracts  of  land  ou-ned  by 
different  persons  in  severally. 
1917D,  1124. 

Construction  and  defect  of  provision  in 
mining  lease  excusing  payment  of 
minimum  royalties.  1917E,  1O7S. 

Conditions    as    to,    in    lease    of    coal    mine. 

]917E.  1075. 
Division  between  several  lessors  of  royalties 

accruing     under    oil     and     gas     lease. 
.       1917F,  566. 


372 


RULE  OF  THE  ROAD— SALE. 


RULE  OF  THE  ROAD. 

Liabiirty  for  injury  by  violation  of.    1915E, 
1028;  1916A,  943;   1917C,  477. 


RULES. 

Of  benefit  societies,  see  BENEVOLENT  SOCI- 
ETIES. 

Of  carriers,  see  CARRIERS. 
Of  insurance  company,  see  INSURANCE. 
Of  master,  see  MASTER  AND  SERVANT. 

Annotation, 

Violation  by  servant  of  rule  adopted  by 
railway  company  as  evidence  of 
negligence  toivard  one  other  than 
servant.  1917C,  793. 

Violation    of,    as    evidence    of    negligence. 

1917C,  784. 
Of   state  banking  board    as    to    grant   of 

charter.     1917D,  310. 
Of  water  company  as  to  laying  of  service 

mains.     1915A,  246. 
Of  telephone  company  as  .to  long  distance 

messages.     1915E,  323. 


RULES  OF  DECISION. 

See  COUBTS. 


RUNAWAY. 

Annotation. 

Liability  for  death  or  injury  to  one  at- 
tempting to  stop  a  runaway  horse. 
1917C,  1O83. 

Voluntarily  incurring  risk  in  attempting 
to  stop  runaway  horse.  1917C,  1080. 


RUNNING  AT  LARGE. 

Killing   unlicensed    dog   running    at    large. 
191 7F,  434. 


RUPTURE. 


See  HERNIA. 


RURAL  CREDITS. 

See  FARM  LOANS. 


RURAL  MAIL  CARRIER. 

As  a  public  officer.     1917A,  228. 


SACKS. 

Effect  of  failure  of  purchaser  of  potatoes  to 
furnish  sacks  therefor  as  agreed. 
1916D,  728. 


SACRAMENTS. 

Liability  of  minister   refusing  sacraments. 
1916D,   371. 


SAFETY  APPLIANCES. 

See  MASTER  AND  SERVANT. 


SALARY. 

See   COMPENSATION. 


SALfc. 

In  general. 

What  constitutes;  validity;  generally. 

Bulk  sales. 

Passing  of  title;  delivery. 

Conditional  sales. 

Acceptance;  retention. 

Warranty. 

—  in    general. 

—  of    quality,    genuineness,    or    fit- 

ness. 

—  effect    of    inspection;    or    oppor- 

tunity to  inspect. 
Rights  and  remedies  of  parties. 

—  in    general. 

—  rescission. 


In    general. 

At  auction,  see  AUCTIONS. 

Of  note,  see  BILLS  AND  NOTES. 

Of  corporate  stock,  see  CORPORATIONS. 

Damages    for    breach    of    contract    of,    see 

DAMAGES. 

Of  expectancy,  see  EXPECTANCIES. 
What  constitutes  fraud  by  seller,  see  FRAUD 

AND  DECEIT. 

Of  game  birds,  see  GAME  AND  (JAME  LAWS. 
Of  homestead,  see  HOMESTEAD. 
Unlawful   sale   of   intoxicating   liquors,   see 

INTOXICATING    LIQUORS. 
Place  of  sale  of  liqxiors,  see  INTOXICATING 

LIQUORS. 

Judicial  sale,  see  JUDICIAL  SALE. 
On  foreclosure,  see  MORTGAGE. 
Seller's   liability   for    injury    by   defects   in 

things  sold,  see  NEGLIGENCE. 
Of  patented  article,  see  PATENTS. 
By  receiver,  see  RECEIVERS. 
Record    of    sale    of    personal    property,    see 

RECORDS  AND  RECORDING  LAWS. 
For  taxes,   see   TAXES. 


373 


Of  land  generally,  see  VENDOR  AND  PUR- 
CIIASEU. 

Annotation. 

Income  iax  on  sales  of  property. 
1917E,  566. 

By  guardian.     1916A,  637. 
Injunction  against.     1917C,  777. 
Acceptance   of   note   for   one   instalment   of 

goods    sold    as    releasing    surety    from 

liability  for  other  instalments.     1917A, 

282. 
Libel  by  statement  by  seller  to  attorney  for 

buyer.     1915E,  275. 
Novation  of. contract.     1916C,  443. 
Making  contract  of  sale  by  correspondence. 

1915F,  824. 
Anticipatory  breach  of  executory  contract. 

1915E,  851. 

Time  as  essence  of  contract  of.    1916E,  932. 
Offer   bv  quotation  of  price.     1915D,   145; 

1915F,  824. 

Proof  that  offer  was  accepted  within  reason- 
able time.     191 6B,  1036. 
Parol  evidence  as  to  meaning  of  terms  in 

written  contract.     191 6C,  1001. 
Parol  proof  of  contingency  upon  happening 

of  which  written  order  for  goods  was  to 

become  operative.     1916B,  1036. 
Modification  or  enlargement  of  written  order 

for     machinery     by     parol     evidence. 

1915B,  477. 

Wliat  constitutes;  validity,  generally. 

Annotations. 

Construction  of  contract  having  some 
provisions  peculiar  to  consignment 
and  agency  contracts  and  others  to 
sale  contracts.  1917B,  626. 

Right  to  sell  privilege  to  use  streets 
for  telegraph,  telephone,  or  other 
<iu  a  si  public  purpose.  1917D,  7O7. 

Of  future  and  growing  crops.  1917C, 
8. 

Sale  of  goods  to  Keeper  or  inmate  of 
Jiouse  of  ill  fame.  1917B,  1168. 

Question  whether  contract  constitutes  a  sale 
or  a  consignment  or  agency  contract. 
1917B,  620. 

Bulk   sales. 

Annotations. 

Applicability  of  BulJc  Kales  Law  to  sale 
of  an  undivided  interest.  1917D, 
923. 

yotice  to  creditors  under  Built  Sales 
Lair.  1917F,  23O. 

Validity  of  statute  regulating.  191.1E,  917; 
1916B,  970;  1916C,  1023;  1917D.  619; 
1917E,  549. 

What  constitutes  a  sale  in  bulk  within  stat- 
ute regulating.  1917D,  010. 

Application  of  statute  requiring  license  to 
sell  liquors  to  sale  of  stock  of  such 
liquors  as  part  of  business.  1916D, 
1009. 


Fixtures  as  within  operation  of  statute  reg- 
ulating sales  of  goods  in  bulk.  1915E, 
917. 

One  purchasing  stock  of  goods  without  com- 
plying with  Bulk  Sales  Law  as  trustee 
for  merchant's  creditors.  1916B,  970. 

Effect  of  fact  that  one  purchasing  goods  in 
bulk  learned  before  completing  purchase 
that  seller  had  not  furnished  him  with 
complete  list  of  creditors.  1917F,  226. 

Right  of  purchaser  of  stock  of  goods  to  re- 
cover from  seller  as  trustee  in  bank- 
ruptcy money  expended  in  defense  of 
suit  brought  against  him  by  one  claim- 
ing to  be  a  creditor.  1916F,  548. 

Right  of  one  who  in  good  faith  purchases 
goods  in  violation  of  Bulk  Sales  Law 
and  pays  off  a  chattel  mortgage  on  the 
property,  to  subrogation  to  lien  of  the 
mortgage.  1917D,  1067. 

Right  of  one  creditor  of  one  who  has  sold 
his  stock  in  bulk  without  complying 
with  statutory  conditions,  to  intervene 
in  pending  action  by  another  creditor 
to  set  the  sale  aside,  after  period  for 
bringing  such  action  has  expired. 
1917D,  882.' 

Passing  of  title;  delivery. 

Annotation. 

Must  seller  or  buyer  hear  loss  from 
failure  to  contract  with  carrier  for 
full  liability.  1917F,  561. 

Right  of  seller  where  contract  provides  for 
manner  of  delivery  to  impose  other  or 
further  conditions.  1915D,  536. 

Sufficiency  of  words  to  change  possession  so 
as  to  satisfy  Statute  of  Frauds.  1916F, 
389. 

Effect  of  refusal  of  buyer  to  accept  goods, 
in  which  seller  does  not  concur,  to  pre- 
vent passing  of  title.  1916A,  634. 

Time  for  delivery.     1916E,  932. 

Delivery  to  carrier.  1915B,  536;  1915E, 
302;  1916E,  1207. 

Conditional   sales. 

Annotations. 

Validity  of  conditional-sale  contracts  as 
affected  by  express  or  implied  per- 
mission to  purchaser  to  sell  in  the 
ordinary  course  of  business. 
1917B,  658. 

Injunction  to  restrain  action  by  seller 
to  recover  property  sold  by  condi- 
tional sale.  1917C,  77. 

Right  of  assignee  or  receiver,  in  behalf 
of  general  creditors,  to  complain 
of  failure  to  record  contract  of  con- 
ditional sale.  1917C,  442. 

Right  of  conditional  vendor  of  personal 
property  to  maintain  action  for 
damages  to.  or  conversion  of,  prop- 
erty. 1917D,  217. 

Necessity  of  recording  instrument  re- 
serving title  to  personal  property 
in  state  to  u-hich  property  is  sub- 
sequently  removed.  1917D,  942. 


374 


SALE. 


Assault  in  retaking  property  sold  condition- 
ally. 1915F,  673. 

Effect  of  renewal  of  conditional  sale  note  to 
extinguish  the  old  note  so  as  to  post- 
pone it  to  intervening  mortgage  by 
vendee.  L.R.A.1916A,  926. 

Classification  for  insurance  purposes  of 
goods  sold  conditionally  and  put  in  use 
by  vendee.  1917B,  253. 

Validity  of  insurance  on  interest  of  condi- 
tional vendor  in  furniture  used  in  dis- 
orderly house.  1917B,  253. 

Contract  of  conditional  sale  of  insured  prop- 
erty as  breach  of  condition  as  to  owner- 
ship. 1917A,  299. 

Policy  covering  interests  of  conditional 
vendor  as  including  property  afterwards 
sold  for  cash.  1917B,  253. 

Distinction  between  bailment  and  condition- 
al sale.  1917B,  615. 

Retention  of  title  to  goods  sold  as  fraud. 
1917B,  651. 

Election  of  remedy  by  conditional  vendor. 
1916A,  922;  1916E,  613,  615. 

Refrigerating  plant  sold  conditionally  as  a 
fixture.  1916E,  615.  . 

What  are  fixtures  as  between  conditional 
vendor  of  chattels  and  mortgagee  of 
real  estate.  1915F,  1275. 

Validity  as  against  chattel  mortgage  exe- 
cuted by  retailer  of  retention  of  title 
to  goods  sold  to  retailer  for  resale. 
1917B,  651. 

Right  of  seller  as  against  trustee  in  bank- 
ruptcy of  purchaser.  1917B,  667. 

Priority  of  lien  for  repairs  over  lien  of 
conditional  vendor.  1915D,  1141,  1146, 
1149. 

Priority  between  lien  on  automobile  for  in- 
jury done  by  it  and  rights  of  condition- 
al vendor.  1916F,  935. 

Right  of  conditional  vendee  in  possession  of 
automobile  to  maintain  action  for  in- 
jury to  it.  1917D,  214. 

Right  of  conditional  vendor  of  automobile 
to  tires  fitted  thereto  when  machine  is 
reclaimed.  1916E,  254. 

Time  for  which  damages  may  be  allowed 
under  counterclaim  for  depriving  pur- 
chaser of  possession,  in  action  for  bal- 
ance of  purchase  price  of  automobile  of 
which  the  seller  had  taken  possession 
on  default  in  payment.  1916A,  912. 

Right  of  receivers  taking  possession  of  prop- 
erty purchased  conditionally  by  persons 
wrongfully  assuming  to  act  as  receivers. 
1916C,  516. 

Injunction  against  action  to  recover  chattel 
sold  conditionally.  1917C,  75. 

Recording;  filing.    1917C,  440. 

Acceptance;  retention. 

Question  for  jury  as  to.     1917C,  445. 

Mere  failure  to  return  unopened  package  of 
goods  delivered  to  one  who  had  not 
ordered  them  as  raising  obligation  to 
pay.  1916D,  792. 

Effect  of  acceptance  of  cement  sold  under 
contract  providing  that  it  was  subject 
to  specific  tests.  1915B,  1131. 


Applicability  of  rule  that  acceptance  of 
goods  is  not  a  waiver  of  defects  not  dis- 
coverable until  goods  are  put  to  use,  in 
action  for  failure  to  receive  goods  to 
be  manufactured,  manufacturing  ceas- 
ing upon  buyer's  default.  1916B,  1257. 

Failure  of  purchaser  refusing  to  accept 
•  goods  to  assign  delay  in  the  delivery  as 
one  of  the  grounds  for  refusal.  19i6E, 
932. 

Warranty. 

—  in  general. 

Damages  for  breach  of  warranty,  see  DAM- 
AGES. 

Annotation. 

Statement  as  to  the  economy  of  opera- 
tion as  a  warranty.  1917C,  1O7S. 

Authority  of  agent  to  give  warranty. 
1916C,  411. 

Question  for  jury  as  to  waiver  of.  1917C, 
445. 

Statement  by  vendor  of  haystacker  as  to 
cost  of  operation.  1917C,  1076. 

Condition  precedent  to  right  of  action  for 
breach  of.  1916C,  1001. 

Presumption  and  burden  of  proof  as  to 
breach  of  warranty.  1915B,  626. 

Evidence  on  question  of  breach  of  warranty. 
1915B,  626;  1915D,  875;  1916C,  1001. 

When  limitations  begin  to  run  against  ac- 
tion for  breach  of.  1916F,  810. 

Demurrer  to  petition  in  action  for  breach  of. 
1915B,  900. 

Right  of  purchaser  of  machinery  to  rescind 
and  recover  what  he  paid  for  it  for 
breach  of  warranty  without  offering  to 
return  it.  1916D,  997. 

Exclusiveness  of  remedy  provided  in  contract 
for  breach  of.  1915B,  1216;  1916D,  997. 

Effect  on  liability  of  manufacturer  upon  his 
warranty  to  retailer  of  warranties  in- 
serted by  the  latter  in  his  contracts 
with  consumers.  1915D,  875. 

Implied  warranty  on  sale  of  secondhand 
articles.  1915E,  428. 

—  of  quality,  genuineness,  or  fitness. 

Annotations. 

Implied  warranty  of  fitness  of  animals 

sold  for  slaughter.     1917D,  823. 
Implied  icarranty  of  fitness  upon  sale 

of  food.      1917F,   472. 

Implied  warranty,  where  contract  contains 
express  warranty.  191 5B,  900;  1915D, 
875. 

Effect  of  agreement  to  put  secondhand  ma- 
chine in  first  class  shape  as  warranty 
of  fitness  to  do  work  intended.  1915B, 
477. 

Who  may  maintain  action  on  implied  war- 
ranty that  goods  sold  are  fit  for  use. 
1916D,  1006. 

Implied  warrant v  of  wholesomeness  of  food. 
101. ->(',  170.  ' 


SALE— SALOONS. 


375 


Implied  warranty  of  quality  of  food  fur- 
nished to  customer  at  restaurant. 
1915B,  481. 

Implied  warranty  as  to  quality  of  potatoes. 
1917F,  469.  " 

Upon  sale  of  animal  to  be  slaughtered  for 
food.  1917D,  822. 

Implied  warranty  of  one  preparing  meat  for 
food  that  it  is  fit  for  that  purpose. 
1917B,  1272. 

Warranty  by  bottler  of  beverage  that  bottle 
contains  no  harmful  substance.  1916B, 
877. 

Implied  warranty  of  fitness  of  cement  for 
purpose  intended.  1915B,  1131. 

Seed.    1916C,  1001;  1917C,  539. 

—  effect  of  inspection;  or  opportunity 

to  inspect. 

Upon  sale  of  animal  to  be  slaughtered  for 
food  to  an  experienced  butcher  who  in- 
spects it.  1917D,  822. 

Rights  and  remedies  of  parties. 

—  in  general. 

Of  parties  to  conditional  sale,  see  supra. 
On  breach  of  warranty,  see  supra. 
Damages  for  breach  of  contract,  see  DAM- 
AGES. 

Annotations. 

Right  of  buyer  to  purchase  on  market 
before  expiration  of  time  for  de- 
livery \vhere  seller  gives  notice 
that  he  will  not  deliver.  1917 A, 
1001. 

IVhich  party  is  to  furnish  cars  under 
a  contract  to  ship  goods  f.  o.  b. 
19 17  A,  1163. 

What  constitutes  a  broken  or  defective 
part  within  agreement  to  replace 
such  parts.  1917D,  1126. 

Must  seller  or  buyer  bear  loss  from, 
failure  to  contract  with  carrier  for 
full  liability.  1917F,  561. 

Right  of  contractor  for  street  pavement  to 
remove  it  on  refusal  of  city  to  pay 
therefor.  1915B,  173. 

Entirety  of  contract  of  sale.     1915B,  536. 

Acceptance  of  offer  to  sell.     1915D,  145. 

Effect  of  mistake  as  to  identity  of  principal 
on  contract  of  sale.  1916D,  792. 

Effect  of  custom  on  rights  of  parties.  1916B, 
1036,  1257. 

Right  of  seller  to  recover  on  incomplete 
performance  of  contract.  1915B,  536. 

Who  must  bear  loss  pf  goods  in  transit 
where  seller  fails  to  contract  with  car- 
rier for  full  liability.  1917F,  559. 

Modification  of  written  order  by  parol  evi- 
dence. 1915B,  477. 

Parol  evidence  as  to  meaning  of  terms  in 
written  contract.  191 6C,  1001. 

Parol  proof  of  contingency  upon  happening 
of  which  written  order  for  goods  was  to 
become  operative.  1916B.  1036. 

Counterclaim  of  amount  still  due  on  pur- 
chase price  in  action  for  conversion  of 
automobile  by  vendor.  1916C,  443. 


Counterclaim  for  injury  to  minor  son  of 
purchaser  through  defect  in  articles 
sold,  in  action  for  purchase  money. 
1916C,  514. 

Waiver  by  purchaser  of  condition  as  to  time 
of  shipment.  1916E,  932. 

Duty  of  one  ordering  goods  to  notify  seller, 
who  has  failed  to  ship  at  time  specified, 
of  nonarrival  thereof.  1916E,  932. 

Rights  of  purchaser  of  wheat  for  delivery 
at  certain  time  on  being  notified  by  sell- 
er before  expiration  of  time  limit  that 
the  wheat  will  not  be  delivered.  1917A, 
1000. 

Time  for  making  tests  provided  for  by  con- 
tract. 1915B,  1131. 

Duty  of  purchaser  of  cement  subject  to 
specific  tests  to  make  the  tests.  1915B, 
1131. 

Effect  of  failure  of  purchaser  of  potatoes  to 
furnish  sacks  therefor  as  agreed.  1916D, 
728. 

Conversion  by  vendor  on  sale  with  mortgage 
back.  1916C,  557. 

Delivery  f.  o.  b.  cars.     1917A,  1157. 

Construction  of  covenant  to  replace  parts 
which  break  because  of  defective  mater- 
ial or  workmanship.  1917D,  1125. 

Right  to  enforce  against  trustee  in  bank- 
ruptcy of  seller,  contract  obligation  to 
replace  broken  parts  of  articles  sold. 
1917F,  654. 

—  rescission. 

As  to  what  constitutes  fraud  justifying  re- 
scission of  contract,  see  FBAUD  AND  DE- 
CEIT. 

As  between  vendor  and  purchaser,  see  VEND- 
OR AND  PUBCHASEB. 

Refusal  of  courts  to  rescind  contract  because 
made  on  Sunday.  1917D,  445. 

Right  of  seller  who  has  refused  to  permit 
buyer  to  reject  goods  to  acquiesce  there- 
in after  bankruptcy  of  buyer.  1916A, 
634. 

Right  of  purchaser  of  machinery  to  rescind 
and  recover  what  he  paid  for  it  for 
•breach  of  warranty  without  offering  to 
return  it.  1916D,  997. 

Right  of  one  selling  equipment  to  receiver 
acting  without  authority  to  repudiate 
contract  for  invalidity  upon  legal  ap- 
pointment of  receiver.  1916C,  516. 

For  fraud.    1917C,  617. 

Assumpsit  to  recover  purchase  price  paid  on 
rescission  of  the  contract  for  fraud. 
1915A,  1221. 


SALOON  KEEPER. 


Bonds  of,  see  BONDS. 
In  general,  see  SALOONS. 


SALOONS. 

Liquor  bond,  see  BONDS. 
Sale  of  liquor  in  generally,  see  INTOXICAT- 
ING LIQUORS. 


376 


SALOONS— SCHOOLS. 


.Annotation. 

Effect  upon  lease  of  property  for  saloon 
piirj>oxen  of  passage  of  prohibitory 
during  term.     1917C,  935. 


Judicial  notice  as  to  danger  of  bartender's 

position.     1916F,  957. 
Recovery    under    Workmen's    Compensation 

Act  for  assault  on  bartender  by  drunken 

patron  of  saloon.     1916.F,  957. 
Liability   for   act  of   bartender   in   pouring 

alcohol  over  foot  of  guest  and  setting 

fire  thereto.     1916E,  269. 
Validity  of  lease  for  saloon.     1917E,  777. 
Guaranty    by    browing    concern    of    saloon 

lease.     1917E,   777. 
Construction  of  lease  of  property  for  saloon 

business.     1917C,  931;  1917E,  777. 
Effect  of  prohibition  law  on  lease  of  proper- 

ty for  saloon  business.    1917C,  929,  931. 
Right  of  brewing  company  to  avoid  liability 

for  rent  of  premises  leased  for  saloon 

business  on  the  ground  that  it  cannot 

legally  engage  in  that  business.    1917C, 

929. 
Liability   for    injury   to   child   on   sidewalk 

by    rightful   ejection   of    drunken   man 

from   saloon.      1917E,   271. 


SALTPETER. 

Annotation. 

Keeping     of,     on     insured     premises. 
1917C,   278. 


SALVAGE. 

Rights- of  owner  of  property  injured  by  fire 
while  in  warehouse,  to  amount  realized 
by  warehouseman  by  way  of  salvage. 
1917D,  847. 


SAMPLE  TRUNKS. 

As  baggage.    1916A,  545. 
Measure  of  damages  for  delay  of,  in  trans- 
portation.    1916A,  545. 


SANITARY  CONDITIONS. 

Libel   in  charging,  that  sanitary  conditions 
in  factory  are  not  good.     1916E,  667. 


SANITY. 

See  INCOMPETENT  PERSONS. 


SATISFACTION. 

See  ACCORD  AND  SAIIM  ACTION. 


SAVINGS  ASSOCIATION. 

See  BUILDING  AND  LOAN  ASSOCIATIONS. 


SAVINGS  BANKS. 


See  BANKS. 


SCAB  SHOPS. 

Libel  in  charging  that  corporation  had  ad- 
vertising printed  in.    1916E,  667. 


SCAFFOLDS. 

Lumber  used  in,  as  within  protection  of  con- 
tractor's bond.  1917A,  336. 

Presumption  of  negligence  from  breaking  of. 
1915F,  15. 

Master's  duty  as  to.  1915F,  15,  1036; 
1917F,  497,  500. 


SCALES. 

As  covered  by  insurance  on  farm  utensils. 
1917B,  934. 


SCENIC  RAILWAY. 

Presumption   of  negligence  from   injury  to 
passenger  on.     1917B,  1091. 


SCHEDULES. 

Filing  schedule  of  carrier's   rates.     191 7 A, 

265:  1917B,  787:  1917C,  1124. 
Admissibility  in  evidence.     1917 A,   197. 


-++-¥• 


SCHOOLHOUSE. 

See  SCHOOLS. 

*-•-» 

SCHOOLS. 

In  general. 

Admission;   attendance;   tuition. 

Health  regulations. 

—  control  over  pupil. 
Teachers. 

—  in   general. 

—  removal;  dismissal. 
Officers  and  elections. 

—  officers. 

—  elections. 

Districts  and  property;  contracts. 
Books;  instructions. 


SCHOOLS. 


377 


In  general. 

Annotations, 

Domicil    or    residence    for    taxation    as 

affected  by  purpose  to  obtain  school 

facilities,      19 17 A,    29O. 
Conducting  public  school   in  sectarian 

biiilding.     1917D,  462. 

.  Moving  to  particular  place  to  secure  educa- 
tional facilities,  as  effecting  change  of 
domicil.  1917A,  285. 

Statute  setting  apart  fines  and  penalties 
for  police,  pension  fund  as  repealing 
a<ct  entitling  superintendent  of  schools 
to  such  moneys.  1917B,  176. 

Liability  of  one  conducting  school  for  in- 
struction in  automobile  driving  for  in- 
jury through  incompetence  of  pupil  in- 
trusted with  management  of  car  by 
teacher.  1917A,  394. 

Negligence  in  leaving  dangerous  attraction 
on  schools  grounds.  1915F,  983. 

Grant  of  property  for  school  purposes  with 
provision  for  reverter.  1916F,  303. 

Forbidding  location  near,  of  garage  storing 
inflammable  substances.  1915D,  603. 

For  what  purpose  school  moneys  may  be 
used.  1916D,  90. 

What  constitutes  violation  of  constitutional 
provision  that  public  money  raised  for 
educational  purposes  shall  not  be  used 
in  aid  of  any  sectarian  school.  ]917D, 
455. 

Holding  graduating  exercises  in  church,  and 
permitting  clergyman  to  deliver  invoca- 
tion, as  interference  with  rights  of  con- 
science. 191 6D,  399. 

Libel  of  pupil.     3915A,  104. 

Power  of  legislature  to  forbid  existence  of 
Greek  letter  fraternities  in  schools. 
1915D,  588. 

Admission;  attendance;  tuition. 

Annotation. 

"Requiring  examination  as  condition  of 

admission  or  promotion  of  pupils. 

1917C,  997. 

Right  to   diploma   on   graduation.      3915A, 

632. 
Admission;  conditions  of.     1915 A,  632,  828; 

1915D,  223;  1917C,  993. 

Health  regulations. 

Requiring  health  certificate  as  condition  of 
admission  to  public  school.  1915A,  632. 

Exclusion  of  unvaccinated  child.  1915D, 
223. 

—  control  over  pupil. 

Statute  excluding  Greek  letter  fraternities 
from  state  schools.  1915D,  588. 

Teachers. 

—  in  general. 

Annotations. 

Going  to  another  state,  county,  or  dis- 
trict to  teach  school  as  effecting  a 
chanrjc  of  domicil  or  residence. 
1917 A,  294. 


Privilege  of  communications  by  or  to 
school  authorities  regarding  con- 
duct of  pupil  or  teacher.  1917D, 
784. 

Poicer  of  local  school  authorities  to 
prescribe  qualifications  or  condi- 
tions of  employment  of  teachers, 
other  than  those  prescribed  by  stat- 
ute. 1917E,  1073. 

Going  to  another  place  to  teach  school  as 
effecting  change  of  domicil.  1917A,  291. 

Privilege  of  statement  by  principal  in  regard 
to  student.  1917D,  779. 

Effect  of  contributing  to  teachers'  pension 
fund  upon  right  to  continued  employ- 
ment. 1917E,  1069. 

Making  freedom  from  affiliation  with  labor 
unions  a  condition  of  employment. 
1917E,  1069. 

Ratification  by  school  board  of  invalid  con- 
tract of  employment.  1915F,  1047. 

—  removal;   dismissal. 

Mandamus  to  reinstate  teacher  wrongfully 
dismissed.  191 6C,  789. 

Necessity  that  procedure  provided  by  stat- 
ute be  followed.  1916C,  789. 

Reasonableness  of  rule  providing  that  mar- 
riage of  woman  teacher  shall  automati- 
cally vacate  her  position.  1916C,  789. 

Officers  and  elections. 

—  officers. 

Mandamus  to,  see  MANDAMUS. 

Annotations. 

Poicer  to  employ  attorney.  1917Df 
246. 

Right  of  school  board  entitled  to  serv- 
ices of  official  attorney  to  employ 
other  attorney  in  civil  matters. 
1917D,  258. 

Personal  liability  to  public  of  school 
officers  u-ho  pay  out  money  in  ex- 
cess of  debt  limit.  1917D,  519. 

Privilege  of  communications  by  or  to 
school  authorities  regarding  con- 
duct of  pupils  or  teacher.  1917D, 
784. 

Libel  by  letter  to  county  superintendent 
charging  impropriety  by  pupil.  1915A, 
104. 

Necessity  of  formal  meeting  of  school  board 
before  employment  of  teacher.  1915F, 
1047. 

Use  of  public  money  to  pay  expenses  of 
school  officers  in  attending  congress  on 
school  hygiene.  1917E,  331. 

Duty  of  prosecuting  attorney  to  serve  in- 
dependent district  boards  of  education. 
1917D,  248. 

Right  of  school  district  which  prosecuting 
attorney  is  bound  to  serve  to  employ 
other  counsel  or  additional  counsel  to 
assist  the  regular  attorney.  1917D,  248. 

Personal  liability  of  officers  entering  into 
contracts  in  excess  of  debt  limit. 
1917D,  516. 


378 


SCHOOLS— SEAMEN. 


Personal  liability  of  members  of  school  board 

for  adopting  plan  for  schoolhouse  with 

insufficient  balustrade  along  stairway. 

1916F,  468. 
Liability    of    school    officers    who    induce 

teachers  and  students  to  leave  boarding 

house.     1916B,  1238. 
Incompatibility  of  offices  of  member  of  board 

of    education    and    the    clerk    thereof. 

1917D,  210. 

—  elections. 

Who  entitled  to  vote  on  issue  of  school 
bonds.  1917A,  291. 

Districts  and  property;  contracts. 

Exemption  of  schools  from  taxation,  see 
TAXES. 

Annotations. 

Power  of  school  district  to  employ  at- 
torney. 1917D,  24:6. 

Personal  liability  to  public  of  school 
officers  who  pay  out  money  in  ex- 
cess of  debt  limit.  1917D,  519. 

Implied  agency  to  purchase  articles  for 
school  board.  1917D,  206. 

Insuring  lives  of  residents  of  school  district 
to  secure  bonds  issued  by  district. 
1917A,  475. 

Right  to  enjoin  mining  of  coal  under  school 
building  where  title  to  property  was 
taken  with  reservation  of  right  to 
mine.  1917E,  672. 

Failure  of  school  district  to  take  bond  from 
person  constructing  school  building. 
1915F,  629. 

Liability  for  injury  to  pupil  because  of  de- 
fectively planned  railing  along  stair- 
way. 1916F,  468. 

Liability  of  local  improvement  assessments. 
1916F,  861. 

Permitting  principal  to  conduct  business  of 
selling  school  supplies  in  school  build- 
ing. 1915C,  624. 

Injunction  against  use  of  school  building  for 
private  business.  1915C,  624. 

Joining  suit  to  restrain  use  of  school  house 
for  private  business  with  claim  for  dam- 
ages. 191 5C,  624. 

Validity  of  contract  of  employment  of 
teacher  entered  into  without  proper 
meeting  of  board  for  that  purpose ;  rati- 
fication. 1915F,  1047. 

Contract  in  excess  of  debt  limit;  how  ques- 
tion whether  limit  was  exceeded  is  de- 
termined. 1917E,  428. 

Personal  liability  of  officers  entering  into 
contracts  in  excess  of  debt  limit.  1917D, 
516. 

Books;  instruction. 

Annotation. 

Conducting  public  school  in  sectarian 
building  as  violation  of  constitu- 
tional provision  against  sectarian 
instruction.  1917D,  462. 


Holding  graduating  exercises  of  public 
school  in  church  and  permitting  clergy- 
man to  deliver  nonsectarian  prayer  as 
violation  of  provision  against  sectarian 
instruction.  1916D,  399. 

Reading  of  Bible  or  offering  of  the  Lord's 
Prayer  in  school.  1915D,  941. 


SCIAGRAPH. 

Admissibility  in  evidence.    1915F,  803. 


SCIENTER, 

Knowledge  of  vicious  disposition  of  dog  as 
condition  of  liability  for  injury  by  it. 
1916C,  344;  1916D,  1032. 

Necessity  of  knowledge  by  owner  of  vicious 
propensities  of  dog  to  justify  its  kill- 
ing by  another.  1915E,  372. 

Knowledge  of  vicious  propensities  of  horse. 
1915B,  433. 


SCIENTIFIC  PRINCIPLES. 

Disregarding  testimony  in  contradiction  of. 
1916D,  300. 


SEAL. 

Effect  of  attachment  of  seal  to  release  of 
one  joint  tort-feasor.  1915E.  800. 

Effect  of  lease  invalid  because  not  under 
seal  to  create  estoppel.  1915D,  467. 


SEAMEN. 

Annotation. 

May  substantive  laic  of  state  be  invoked 
in  an  action  for  personal  injuries 
to  seamen,  not  result  incj  in  death, 
on  waters  u'ithin  the  maritime  ju- 
risdiction. 1917F,  678. 

Shipping  on  a  foreign  vessel  as  subjecting 
seamen  to  the  law  of  its  flag  though  it 
is  chartered  to  a  domestic  corporation. 
1916A,  216. 

Application  of  state  Workmen's  Compensa- 
tion Law  to  injury  on  domestic  vessel 
while  in  foreign  port.  1917E,  645. 

Implied  warranty  of  shipowner  to  seamen 
that  the  ship  is  seaworthy.  1916A, 
1149. 

Question  for  jury  in  action  for  injury  to. 
1917F,  671. 

Action  in  admiralty  for  death  of.  1916A, 
]149. 

Jurisdiction  of  common  law  courts  of  state 
of  suit  in  personam  against  shipowner 
for  injury  to  seamen.  1917F,  671. 


SEAMEN—SECRET  PROFITS. 


379 


Liability  of  shipowner  for  injury  to  secxman 
by  negligence  of  boatswain.  1917F, 
671. 

Extent  of  relief  which  may  be  granted  in 
suit  in  common-law  state  court  for  in- 
jury to  seamen.  1917F,  671. 


SEARCH  AND  SEIZURE. 

Admissibility  of  evidence  wrongfully  ob- 
tained, see  EVIDENCE. 

Annotation. 

Power  of  court  to  require  owner  of 
premises  or  property  to  permit  in- 
spection in  negligence  cases. 
1917E,  838. 

Requiring  defendant  employer  to  permit 
plaintiff  to  take  measurements  and 
photographs  for  purpose  of  preparing 
for  trial  in  action  for  personal  injury. 
1917E,  833. 

Due  process  in  seizure  of  property.  1917D, 
926. 

Seizure  of  private  property  by  military  com- 
mander. 1917A,  276. 

Limitation  of  guaranty  of  Federal  Constitu- 
tion of  immunity  from  unreasonable 
searches  and  seizures  to  Federal  govern- 
ment and  its  agents.  1915B,  834. 

Limiting  statute  impliedly  authorizing  seiz- 
ure without  warrant  of  -property  for 
past  illegal  use  to  seizure  permitted 
under  constitutional  guaranties.  191 6F, 
910. 

Time  of  objection  that  warrant  was  not  sup- 
ported by  affidavit.  1915D,  330. 

Injunction  against  interference  with  owner's 
possession  of  property  illegallv  seized. 
191 5E,  399. 

Seizure  of  property  of  one  person  for  use  as 
evidence  against  another.  1916E,  399. 

Seizure  of  gambling  devices.    1915A,  232. 

Seizure  without  warrant  of  property  used 
in  violation  of  fish  and  game  laws. 
1916F,  910. 

Seizure,  without  search  warrant,  by  officer 
arresting  keeper  of  disorderly  house,  of 
the  hotel  register  and  cash  book,  as  an 
unreasonable  search  and  seizure.  1916C, 
1014. 

Effect  of  delay,  pending  appeal  by  one  con- 
victed of  illegal  fishing,  to  bring  suit 
to  condemn  property  seized  because 
used  in  the  illegal  act  for  which  he  was 
convicted.  1916F,  910. 

Refusal  of  application  of  accused  for  return 
of  his  letters  and  private  documents 
seized  in  his  house  by  marshal  holding 
no  warrant  for  his  arrest  or  the  search 
of  his  premises.  1915B,  834. 

Requiring  public  service  corporation  to  pro- 
duce its  books  and  papers  in  proceeding 
to  determine  reasonableness  of  rates 
charged  by  it.  1917F,  1195. 


SEAT. 

Duty  of  carrier  to  furnish  seat  to  passenger. 
1917C,  483. 


SECOND  APPEAL. 

Decision  on  former   appeal  as   law  of  the 
case.     1917D,  666,  802;   1917E,  539. 


SECONDARY   EVIDENCE. 


See  EVIDENCE. 


SECONDHAND  ARTICLES. 

Implied  warranty  on  sale  of.     1915B,  477; 
1915E,  428. 


•*-•-»• 


SECONDHAND  DEALERS. 

Annotation. 

Constitutionality  of  statute  ntaTcing  the 
receiving  of  certain  kinds  of  prop- 
erty a  criminal  offense.  1917F, 
709. 


SECONDHAND  MATERIAL. 

Forbidding  use   of,    in    making   mattresses, 
quilts,  or  bedcomforters.     1916C,  775. 


SECRETARY  OF  STATE. 

Publication  by,  of  appointment  of  judges  to 
hold  additional  trial  terms  of  court. 
1915B,  103. 


SECRETARY   OF   TREASURY. 

Duty  of  Secretary  of  the  Treasury  to  know 
signature  of  officer  on  draft.  1915D, 
797. 


SECRET  INFORMATION. 

Unlawful  use  of,  by  attorney,  as  ground  for 
disbarment.     1917B,  378. 


SECRET  PROFITS. 

Requiring  corporate  agents  to  account  for. 

1916A,  640. 
Trust  in  secret  profits  made  by  one  party  to 

joint  adventure.     1915B,  160. 


380 


SECRET  SOCIETIES—  SEL 1   (  III MIN ATIOX. 


SECRET   SOCIETIES. 

Excluding  frura  state  schools.     191 5D,  588. 


SECTARIAN    INSTRUCTION. 

\inn>liit  inn. 

Conducting  public  school  in  sectarian 
building  as  violation  of  constitu- 
tional provision  against  sectarian 
instruction.  1917D,  462. 

What,  constitutes  violation  of  constitutional 

provision  that  public  money  raised  for 

educational  purposes  shall  not  be  used 

•  in  aid  of  any  sectarian  school.     1917D, 

455. 

Holding  graduating  exercises  of  public  school 
in  church  and  permitting  clergyman  to 
deliver  invocation  as  violation  of  pro- 
vision against  sectarian  instruction. 
1916D,  399. 

Reading  of  Bible  or  offering  of  Lord's 
Prayer  in  school.  1915D,  941. 


SECURITIES. 


Constitutionality    of    Blue    STfy    Laivs. 
1917F,  524. 

Special  deposit  of.     191  5B,  542. 
Constitutionality  of  Blue  Sky  Laws.    1917F, 

514. 
Inheritance  tax  on.    1915C,  95;  1916A,  889, 

901;   1916E,  1288. 
Situs  of,  for  purpose  of  taxation.     1915C, 

922,  949. 


SECURITY. 

On  appeal,  see  APPEAL  AND  ERROR. 

For   compensation   in   eminent  domain,   Bee 

KM i. NEXT  DOMAIN. 
In  general,  see  BONDS. 


SEDITION. 

Annotation. 

Libel  or  slander  by   imputing  sedition 
or  disloyalty.     1917D,  S61. 

Libel  in  charging  one  with  being  a  spreader 
of.     1917D,  855. 


SEDUCTION. 

In  general. 

Marriaue  to  escape  prosecution  for.     1915F, 
977. 


Imprisonment  upon  judgment  for  damages 
for,  as  imprisonment  for  debt.  191tiB, 
993. 

Civil  liability. 

Measure  of  damages  for,  see  DAMAGES. 

Annotation.    x 

Action  for  seduction  independently  of 
loss  of  services.  1917E,  758. 

Punitive  damages  for.    1917D,  273. 
Action  by  father  of  female.     191 7D,  273. 
Mother's    right    of    action    for    betrayal    of 

minor     daughter    who     is     still     alive. 

1917E,  756. 

Criminal  liability. 

Private  counsel  to  aid  in  prosecution  for. 
1917C,  455. 

Divorced  woman  as  within  statute  inipo>in- 
penalty  for  seduction  under  promise  of 
marriage  of  unmarried  female  of  pre- 
vious chaste  character.  191(5D,  457. 


SEED. 

Warranty  on  sale  of.     1916C,  1001;  1917C, 

539. 
Measure  of  damages  for  breach  of  warranty 

as  to.     1917B,  1106. 


SEGREGATION. 

Annotation. 

Cumulative  penalties  for  failure  of  car- 
rier to  provide  separate  accommo- 
dations for  icliitc  and  colored  pas- 
sengers. 1917B,  54S. 

Of  white  and  colored  passengers.  1917B, 
544. 

Ordinance  forbidding  white  and  colored  per- 
sons from  residing  in  the  same  block. 
.  1915D,  G84. 


SEIZURE. 

In  general,  see  LEVY  AND  SEIZURE;  SEARCH 
AND  SEIZURE. 

Of  private  property  by  military  commander. 
1917A,  276. 


SELF-CRIMINATION. 

By  accused,  generally.  101713.  U03:  191 7 F. 
502. 

Right  of  corporation  to  constitutional  pro- 
tection against  self-crimination.  19ir>B,. 
913. 


SELF-DEFENSE—SERVICES. 


381 


SELF-DEFENSE. 

Commission  of  homicide  in,  see  HOMICIDE. 

*-»-» 

SELF-EXECUTING  PROVISIONS. 

Of  Constitution,  see  CONSTITUTIONAL  LAW. 


SELF-GOVERNMENT. 

Local  self-government,  see  CONSTITUTIONAL 
LAW. 


SENATE. 

See  CONGRESS;  LEGISLATURE. 


SENTENCE. 

For  crime,  see  CRIMINAL  LAW. 


SEPARATE    COACH    LAW. 

Annotation. 

Cumulative  penalties  for  failure  of  car- 
rier to  provide  separate  accommo- 
dations for  white  and  colored  per- 
sons. 1917B,  54:8.  . 

Penalty  for  failure  to  comply  with.  1917B, 
544. 


SEPARATE  MAINTENANCE. 

Independent  suit  for.  1915E,  421;  1916B, 
919;  1917D,  773. 

Estoppel  to  maintain  suit  for.     191 5E,  421. 

Effect  of  foreign  judgment  to  bar  independ- 
ent suit  for  alimony.  1915E,  421. 

Allegations  in  bill  for.    '1917D,  773. 

Domicil  of  plaintiff  in  action  for.  1917E, 
490.  • 


SEPARATE   PROPERTY. 

Of  married  woman,  see  HUSBAND  AND  WIFE. 


SEPARATION. 

Of  powers,  see  CONSTITUTIONAL  LAW. 
Of  husband  and  wife,  see  DIVORCE  AND  SEP- 
ARATION. 


SEPARATION  OF  POWERS. 

See  CONSTITUTIONAL  LAW. 


SEPTICEMIA. 

See  BLOOD  POISONING. 


SERIOUS    AND    WILFUL    MISCON- 
DUCT. 

What  constitutes,  within  meaning  of  Work- 
men's Compensation  Act,  see  WORK- 
MEN'S COMPENSATION. 


SERVICE. 

Of  process,  see  WRIT  AND  PROCESS. 


SERVICE  PIPES. 

Who  must  bear  expense  of  laying  service 
pipes  between  water  mains  and  property 
of  consumers.  1915A,  246;  1916E,  258. 


SERVICES. 

In  general,  see  MASTER  AND  SERVANT. 

Annotations, 

Validity  of  contract  by  husband  to  pay 

wife   for.      1917D,    268. 
Imprisonment  of  one  of  the  parties  to 

a  contract  for  services  as  affecting 

rights  and  obligations  thereunder. 

1917F,  628. 
Assignment  or  release  of  the  right  to  a 

third    person's    services.       1917F, 

842.* 

When  limitations  begin  to  run  under  con- 
tract to  render  services  for  compensa- 
tion to  be  made  at  death  of  person 
served.  1917A,  1. 

When  limitations  begin  to  run  against  claim 
for,  generally.  1916D,  1260. 

Indivisibility  of  contract  for  services. 
1916F,  926. 

Validity  of  oral  contract  for,  not  to  be  per- 
formed within  a  year.  1915E,  562 ; 
1916D,  880. 

Effect  of  part  performance  on  oral  contract 
for.  1916D,  880. 

Injunction  to  compel  performance  of  person- 
al services.  1915A,  820;  1916E,  682. 

Recovery  for,  on  quantum  meruit.  1917B, 
676. 

Proof  by  circumstantial  evidence  of  express 
contract  to  pay  for.  1916D,  1260. 

Implied  agreement  to  pay  for.  1917B,  681; 
1917D,  265;  1917F,  571. 

Contract  to  pay  wife  for.     1917D,  265. 

Opinion  evidence  as  to  value  of.  1915F, 
992;  1917D,  273,  809. 

Succession  tax  on  legacy  in  fulfilment  of 
contract  to  will  property  in  payment  of 
services.  1917D,  800. 


382 


SERVITUDE— SEXUAL  CRIMES. 


SERVITUDE. 

Additional,  see  EMINENT  DOMAIN. 


SET-OFF  AND  COUNTERCLAIM. 

In  general. 

Recoupment. 

Mutuality   of   claims. 

By  or  against  decedent's  estate. 

Effect  of  insolvency. 

Of  and  against  judgments. 


In  general. 

Application  of  deposit  by  bank  in  course  of 
business,  see  BANKS. 

Amendment  of  answer  setting  up  a  counter- 
claim. 1917B,  760. 

Intervention  in  proceedings  against  insol- 
vent bank  for  purpose  of  securing. 
1915A,  299. 

In  action  to  enforce  public  improvement  as- 
sessment. 1916B,  1027. 

Ne  exeat  to  prevent  nonresident  from  remov- 
ing notes  from  state  so  as  to  prevent  en- 
forcement of  set-off.  1916C,  403. 

Time  for  which  damages  under  counterclaim 
may  be  allowed.  1916A,  912. 

Right  to  set  up  counterclaim  found  on  tort 
in  action  on  contract.  1916C,  491,  514. 

Dismissal  of  appeal  by  defendant  from  judg- 
ment in  plaintiff's  favor  upon  affirm- 
ance of  order  granting  new  trial  to 
plaintiff  because  of  allowance  of  a  coun- 
terclaim. 1916C,  491. 

Counterclaim  for  conversion  of  property  of 
tenant  upon  re-entry  by  landlord  in  ac- 
tion for  unpaid  rent  and  waste.  1916C, 
491. 

Recoupment. 

When  counterclaim  is  connected  with  the 
subject-matter  of  an  action  within 
meaning  of  statute.  3916C,  443,  491, 
514. 

Right  of  one  defrauded  into  taking  lease  at 
certain  rent  to  recoup  his  damages  in 
action  for  rent.  1917B,  760. 

Set-off  in  action  by  thresher  to  recover  for 
part  performance  of  his  contract  of  ex- 
cess over  the  contract  price  for  thresh- 
ing the  grain  left  unthreshed  by  him. 
1916E,  788. 

Mutuality  of  claims. 

Right  to  set  off  against  partnership  debt 
claim  arising  under  contract  with  in- 
dividual member.  1916A,  1211. 

By  or  against  decedent's  estate. 

Set-off  of  deposit  against  immature  debts  of 
depositor.  1917C,  129. 

Right  of  coroner  sued  for  property  of  de- 
ceased to  set  off  funeral  expenses. 
1915D,  948. 


Right  of  administratrix  to  set  off  funds  of 
estate  deposited  in  bank  which  becomes 
insolvent  against  a  claim  of  the  bank 
against  decedent.  1915A,  299. 

Effect  of  insolvency. 

Right  of  bank  to  set  off,  against  immature 
notes  of  depositor  who  dies  insolvent, 
amount  of  his  deposit.  1917C,  129. 

Effect  of  insolvency- of  bank  to  prevent  set- 
off  of  deposit  account  against  death  of 
the  depositor.  1915A,  299. 

Of  and  against  judgments. 

Annotation. 

Set-off  against  judgment  in  hands  of 
assignee.  1917F,  1O1O. 

Effect  of  assignment  on.    1917F,  1006. 

Right  to  set  off  judgments  where  there  are 
contravening  equities  and  a  lack  of  mu- 
tuality. 1917F,  1006. 


SETTLEMENT. 

In  general,   see   COMPROMISE  AND   SETTLE- 
MENT. 
Of  decedent's  estate,  see  EXECUTOBS  AND  AD- 

MINISTBATOBS. 


SEVERABILITY. 

Of  insurance  contract,  see  INSURANCE. 


SEVERANCE. 

Review  of  discretion  as  to.    1916D,  1090. 


SEWAGE. 

Depreciation  of  property  by  construction  of 
sewage  disposal  plant  as  a  "takini*." 
3917C,  1046. 

Nuisance  resulting  from  sewage  disposal 
plant.  191 7C,  1048. 

Spreading  of  noxious  odors  by  sewage  dis- 
posal plant  as  a  damaging  of  property 
for  which  a  compensation  must  be  made. 
1917D,  683. 

Pollution  of  water  by,  1915A,  282;  1916F, 
189. 


SEXUAL  CRIMES. 

See  also  ADULTERY-,  ILLICIT  COHABITATION; 
TXCEST:  LEWDNESS;  PROSTITUTION*: 
RAPE;  SEDUCTION*. 


SEXUAL  CRIMES— SHIPPING. 


3S3 


Annotation. 

Conviction  or  acquittal  of  a  sexual  of- 
fense as  a  bar  to  a  prosecution  for 
a  similar  offense  with  or  against 
the  same  person  at  a  different  time. 
1917D,  731. 

Acquittal  of  crime  of  carnal  knowledge 
committed  on  specified  date  as  bar  to 
prosecution  for  similar  offense  with 
same  girl  six  months  later.  1917D, 
726. 


SEXUAL  INTERCOURSE. 

Refusal  of,  as  ground  for  divorce.     1915B, 
770. 


SHADOWING. 

Negligence  of  detective  employed  to  shadow 
wife  in  shadowing  another  woman. 
1917B,  675. 


SHADOW  PICTURES. 

Admissibility  in  evidence.    1916F,  SOS. 


SHAFTS. 

Annotation. 

Contributory    negligence    of    cJiildren 
falling  into.     1917F,  1O5. 


SHAM  MARRIAGE. 

Binding  effect  of,  where  one  party  acted  in 

good  faith.     1916F,  793. 
Rape  by  means  of.     1916F,  793. 


SHAREHOLDERS. 

See   CORPORATIONS. 


SHELLEY'S  CASE. 

Rule  in.  1915D,  496. 


SHERIFF. 

Annotation. 

Effect  of  insertion  of  unauthorised  pro- 

risions   in   sJieriff's   bond.      1917B, 

995. 


As    employee    of    state   within    meaning   of 

Workmen's  Compensation  Act.     1916C, 

1087. 

Sale  or  farming  of  office  of.     1916E,  618. 
Right  to  conduct  election  upon  question  of 

issuing  municipal  bonds.     1915A,  1009. 
Exclusive  right  of  sheriff  to  execute  power 

of    sale    given    by    chattel    mortgage. 

1916C,  443. 
Liability  of  county  for  amount  expended  by, 

in  excess  of  revenue  provided.     1916F, 

892. 
Right    to    appoint   nonresident   as    deputy. 

1916B,  897. 
Liability  of  sheriff  for  wrongful  arrest  bv 

deputy.     1915E,  172. 

Privileged  communications  to;     1915E,  413. 
Requiring  sheriff  in  charge  of  colored  pris- 
oner to  ride  in  car  set  apart  for  colored 

passengers.     1916E,  278. 


SHERMAN   ANTI-TRUST   ACT. 

See  MONOPOLY  AND  COMBINATIONS.  . 

«  •  » 

SHIP  BROKERS. 

Giving  one  ship  broker  exclusive  right  to 
storage  space  on  export  wharf.  1916D, 
253. 


SHIPPER. 

Negligence  of  shipper  in  permitting  escape 
of  cars  from  sidetrack  during  loading 
onto  main  track.  1917C,  768. 

Injury  to  shipper  of  stock.     1915F,  866. 


SHIPPING. 

In  general;  limitation  of  liability. 

As  to  rights  of  passengers  on  vessels,  see 

CARRIERS. 

As  to  maritime  liens,  see  MARITIME  LIENS. 
As  to  seaman,  see  SEAMEN. 
As  to  towage,  see  TOWAGE. 

Annotations. 

Jurisdiction  and  determination  of  suits 

for    adjustment    of   rigJits    between 

part  owners  of  ship.     1917 A,  11OS. 
Applicability  to  government  of  statutes 

limiting     liability     of     shipowners. 

1917C,  111O. 

Insurance  on  vessel.    1915C,  408. 

Part  owner  of  ship  as  partners  in  its  man- 
agement. 1917A,  1100. 

Jurisdiction  of  suit  for  adjustments  of 
rights  between  part  owners  of  ship. 
1917A,  1100. 

Burden  of  proving  that  injury  to  ship  was 
caused  bv  act  of  God.  1915C,  423. 


384 


SHIPPPING— SIGNALS. 


Liability  of  charterer  for  injury  to  vessel 
under  terms  of  charter  party.  1915C, 
423. 

Right  of  owner  of  foreign  vessel  sunk  by 
collision  on  the  high  seas,  when  sued 
in  the  United  States,  to  maintain  pro- 
ceeding for  limitation  of  liability  au- 
thorized by  United  States  laws.  1916B, 
637. 

Application  to  United  States  of  limitation 
of  liability  of  shipowners.  1917C, 
1103. 

What  law  governs  limitation  of  liability. 
1916B,  637. 


SHOES. 

Liability  of  manufacturer  of,  for  injury  by 

defect  in.    1916E,  1188. 
Allowing  stock  of  shoes  to  be  stored  in  bank 

building  as  a  special  deposit.     1915B, 

542. 


SHOOTING. 


Negligence  in.     1915E,  267 ;  1916D,  1179. 
Of  passenger.     191 5E,  668. 


SHOOTING  GALLERY. 

Negligence  as  to;   who  liable  for.     1915C, 
632. 


SHOP. 

Annotation. 

What  passes  umler  devise  or  bequest  of. 
1917D,    435. 


SHOW. 

On  Sunday,  see  SUNDAY. 
In  street.    1915F,  568. 


SHOW  WINDOW. 

Damages  for  obstruction  of  view  of.    1916C, 
1260. 


SHUN-PIKE. 

Annotation. 

As    infrinriement    of    franchise    of    toll 
road  or  turnpike.     1917D,  341. 

What  constitutes.     1917D,  333. 


SHUTDOWN. 

/ 

Effect  of  shutdown  on  duty  to  pay  roy- 
alties under  lease  of  coal  mine.  1917 E, 
1075. 


SICKNESS. 

Insurance  against,  see  INSURANCE. 

Annotations. 

Of  insured  as  excuse  for  failure  to  give 

notice  or  furnish  proofs  of  loss  as 

required  by  policy  of  fire  insurance. 

1917A,   3O5. 
Liability  of  landlord  to  tenant  for  sirk- 

ness  due  to  unsanitary  condition  of 

premises.      1917 A,    994. 

Liability  of  municipality  for  sickness  result- 
ing from  nuisance.  1915C,  751. 

Of  passenger,  effect  on  carrier's  duty. 
1915C,  134;  1915E,  788. 

Ejection  of  sick  passenger  as  proximate 
cause  of  injury.  1915C,  134. 

Proximate  cause  of  sickness  of  passenger 
carried  beyond  station.  1917 A,  1017; 
1917B,  706. 


SIDEWALKS. 

Duty  of  municipality  to  set  apart  portion 
of  street  for  sidewalk.  1916B,  1049. 

Duty  of  abutting  owner  to  lay.  1917A, 
"472. 

Title  of  abutting  owner  to  material  placed 
by  him  in  sidewalk  which  is  not  accept- 
ed by  municipality.  1915B,  187. 

Requiring  removal  of  posts  from.  1916C, 
561. 

Injury  by  ice  on.     1915B,  324. 


SIDINGS. 

Requiring  carrier  to  construct  and  main- 
tain. 1915E,  682;  1916F,  1281. 

Requiring  carrier  to  make  switch  connec- 
tions with  private  siding.  1916F,  1281: 


SIGNALS. 

Master's  duty  to  give,  to  servant.  1916F, 
.V>1,  907. 

Failure  of  servant  entering  mine  to  obey 
rule  as  to  signal  before  entering. 
1916F,  907. 

Duty  to  give,  to  persons  on  railroad  track. 
"1917D,  666. 

Duty  as  to.  at  railroad  crossing.  1915B, 
"140;  191 5D,  962;  1916D,  783. 

Failure  of  engineer  to  obey;  criminal  lia- 
bility for  death  resulting  from.  1917O 
533." 


SIGNALS— SLED. 


385 


Duty    of    street    railway    company    as    to. 

1916E,  58. 
Of  traffic  officer  to  automobilist,  effect  of, 

on  latter's  duty.     1917B,  133. 


SIGNATURE. 

Annotations. 

Place  of,  under  Statute  of  Frauds. 
1917A,  153. 

Typewritten,  printed,  or  stamped  sig- 
nature of  legal  process  or  other 
legal  papers.  1917B,  285. 

Writing  name  in  Ttody  of  will  as  signa- 
ture thereto.  1917D,  632. 

Effect  of  witness  to  will  not  signing  7iis 
true  name.  1917D,  896. 

Typewritten    signature    to    legal    process. 

1917B,  281. 
Absence  of  signature  of  clerk  from  copy  of 

writ  served.     1917C,  148. 
To  enrolled  bill.     1915D,  119. 
To  deed.     1915B,  678. 
To  judgment.     1915C,  581. 
To  municipal  bonds.     1915A,  1009. 
To  writing  required  by  Statute  of  Frauds. 

1915C,  400;  1917A,  151. 
Of    testator.       1915D,    902;     1916E,     692; 

1917D,  629,  779. 
Of    attesting   witness.      1915B,    87;    1916C, 

946;  1916D,  1059;  1917D,  894. 


SIGNS. 

Right  of  tenant  to  use  walls  of  building  for 
signs.    1915B,  1057. 


SILENCE. 

Estoppel  by,  see  ESTOPPEL. 
Presumption   from,   see  EVIDENCE. 

Effect  of,  to  constitute  a  bill  an  account 
stated.  1917C,  445. 

Silence  of  person  under  arrest  when  state- 
ment tending  to  connect  him  with  the 
crime  is  made  in  his  presence.  1917D, 
491. 

*  i  » 


SISTER. 

See   BROTHERS   AND   SISTERS. 
«  •  » 


SISTER-IN-LAW. 

As  dependent  of  insured.     1917C,  925. 

L.R.A.  Tri.  Index  1915-17.— 25. 


SITUS. 

Of  property  for  purpose  of  taxation,  see 
TAXES. 

Of  corporate  stock  for  purpose  of  transfer 
on  books  of  company.  1915C,  471. 

Of  shares  of  stock  for  purpose  of  adminis- 
tration of  decedent's  estate.  1915D, 
856. 


SIX   O'CLOCK  CLOSING. 

Validity  of  requirement  of.    1916A,  651. 
Sufficiency  of  title  of  statute  as  to.    1916A, 
651. 


SKIDDING. 

Injury  to  bystander  by  skidding  of  automo- 
bile due  to  slippery  condition  of  pave- 
ment because  of  oil  placed  thereon. 
1917F,  710. 


SKILL. 

Presumption    and   burden   of  proof   as   to, 
see  EVIDENCE. 


SKULL. 

Admissibility  in  evidence.     1917A,  1226. 


SKYLARKING. 

Recovery  under  Workmen's  Compensation 
Act  for  injury  resulting  from.  1916C, 
1203;  1916D,  968. 


SLANDER. 

See  LIBEL  AND  SLANDEE. 


SLAVERY. 

See  INVOLUNTARY  SERVITUDE. 


SLED. 

Sled  used  by  boy  in  coasting  as  a  "motor 
vehicle"  within  meaning  of  statute 
limiting  speed  of  such  vehicles.  1915E, 
1028. 


386 


SLEEPING  AND  PARLOR  CARS— SOLITARY  CONFINEMENT. 


SLEEPING  AND  PARLOR  CARS.       | 


SNOWSTORM. 


Liability  for  loss  of  property  on,  see  CAB- 


Annotations. 

Liability  of  railroad  company  for  acts 
of  Pullman  car  employees  toward 
trespassers.  19 17 A,  42O. 

Contract  exempting  railroad  company 
from  liability  for  negligent  injury 
to  sleeping  car  employees  or  others 
sustaining  a  similar  relation  to  the 
company.  1917D,  648. 

Duty  to  protect  passengers  on,  from  as- 
sault. 1917F,  888. 

Limitation  of  liability  for  injury  to  em- 
ployee on.  1915D,  510;  1917D,  641. 

•Theft  from  passenger  as  raising  presump- 
tion of  negligence.  1915B,  621. 

Negligence  in  removing  passenger  from,  to 
common  coach.  191 6E,  763. 

Porter  on  Pullman  car  as  employee  of  rail- 
road hauling  car.  1915D,  510. 

Liability  of  railroad  company  for  acts  of 
Pullman  employees.  1917A,  417. 

Liability  of  sleeping  car  company  for  as- 
sault on  passenger.  1917F,  885. 

Duty  to  provide  passenger  with  berth. 
*1915B,  1202. 

Prohibiting  letting  down  of  unengaged  upper 
berth  in  sleeping  car  when  lower  berth 
is  occupied.  1916A,  1133. 


SMALLPOX. 

As  to  vaccination  of  school  children.  1915D, 

223. 

Liability    for    injury   to    smallpox  patient 

from   condition    of   pesthouse.  191 6D, 

626. 


SMELLS. 


See  ODOBS. 


SMOKE. 

As  element  of  damages  in  condemnation  pro- 
ceedings. 191 6E,  420. 

Injury  to  property  by,  as  a  taking  thereof. 
1915E,  623. 


SNOW. 


Negligence  of  railroad  company  in  permit- 
ting cattle  guard  to  become  filled  with 
snow.  1915B,  134. 


Loss   of   goods    by,    during   transportation. 
1915D,  547. 


SNUFFING  DOUCHE. 

Death  resulting  from  violent  snuffing  of  na- 
sal douche  as  an  accident.    1915B,  872. 


SOAP. 

Claim    for,    as    within    protection    of    con- 
tractor's bond.     1917A,  336. 


SOCIAL  CLUBS. 


See   CLUBS. 


SOCIALISM. 

Forbidding  carrying  of  red  flag  in  parade. 
1915B,  706. 


SOD. 

Annotation. 

Mechanics'    lien    for    sodding    ground. 
1917D,  353. 


SOFT  DRINKS. 

Sale  of,  on  Sunday.    1917C,  377. 


SOIL. 

Annotation. 

Mechanics'   liens   for  cultivation,   care, 
or  improvement  of.      1917D,   351. 


SOLICITATION. 

Annotations. 

Right  of  attorney  at  lau.-  to  solicit  busi- 
ness. 1917B,  1128. 

Arrest  irilJmitt  irarrant  of  woman  so- 
liciting  or  accosting  men.  1917D, 
697. 

Of  business  by  attorney.     1917B,  1132. 


SOLITARY  CONFINEMENT. 


As  cruel  and  unusual  punishment.     191 7B, 
.386. 


SPAEKS— SPECIFIC  PERFORMANCE.  387 

SPARKS.  SPECIAL  TRAIN. 


Right  to  recover  for  injury  by,  in  condem- 
nation proceedings.     191 5E,  634. 


SPEAKING    DEMURRER. 

Invalidity  of.     1915E,  1006. 


SPECIAL  ASSESSMENTS. 

See  PUBLIC  IMPROVEMENTS. 

*-•-«• 

SPECIAL  DAMAGES. 

Necessity  of  pleading  and  proving.     1915B, 
915;  1916E,  667;  1917F,  548. 


SPECIAL  DEMURRER. 

Definiteness     of     pleading     to     withstand. 

1916F,  216. 
For      argumentativeness,      sufficiency      of. 

1915C,  33. 


SPECIAL  DEPOSIT. 

What  constitutes.     1915B,  542;    1916C,  6; 

1917A,  519,  680. 
Liability  of  bank  for  embezzlement  of,  by 

officers.     1917A,  519. ' 


SPECIAL  FINDING. 

Request  for.     1916E,  710. 


SPECIAL  INTERROGATORIES. 

See  TBIAL. 


SPECIAL  JUDGE. 


See  JUDGES. 


•*-•-»• 


SPECIAL  LEGISLATION. 

See  STATUTES. 


SPECIAL  POLICE. 

Liability  for  acts  of.     1915C,  1183;  1915F, 
714;  1916E,  356. 


Carrier's  breach  of  contract  to  run.    19]  7D, 
750. 


SPECIAL  USE. 

Considering  value  for  special  use  in  estimat- 
ing value  of  property  condemned. 
1916A,  1079. 


SPECIAL  VERDICT. 

Conflict  between  special  and  general  ver- 
dicts. 1915E,  1057;  1916A,  689;  1916C, 
439. 


SPECIFIC  PERFORMANCE. 

In  general. 

Right  to  remedy  generally. 

Oral  contracts. 

Subject-matter  of  contracts  in  gen- 
eral. 

Contracts  relating  to  personal  prop- 
erty. 

Contracts  for  real  property. 

—  in    general. 

—  doubtful  titles. 
Decree. 


In  general. 

Discretion  as  to.     1917F,  594. 

Effect  of  inability  specifically  to  enforce 
collateral  contract  on  right  to  enjoin 
breach  of  principal  contract.  19i7B, 
267. 


Right  to  remedy  generally. 

Annotation.  , 

Specific  performance  of  contract  some 
of  the  terms  of  which  are  to  Ite 
agreed  upon  by  the  parties. 
1911D,  1O79. 

Discretion  as  to.     1917F,  594. 

Certainty   and   definiteness.      1916C,    1098; 

191 7A,  563;  1917D,  1074. 
Enforcement      of      monopolistic      contract. 

.1915C,  865. 
Contract  legally  made  but  rendered  illegal 

by  subsequent  legislation.     1916E,  622. 

Oral  contracts. 

Effect  of  statute  providing  that  no  civil 
action  shall  be  maintained  on  a  land 
contract  unless  agreement  is  in  writ- 
ing signed  by  party  to  be  charged, 
1917A,  151. 


388 


SPECIFIC  PERFORMANCE— SPEEDY  TRIAL. 


Oral  contract  to  devise  property  to  adopted 
child.  1916D,  421. 

Subject-matter  of  contract!  in  gen- 
eral. 

Contract  for  adoption  of  child.    1917F,  692. 
Contract  to  devise  property.     1916D,  421. 

Contracts  relating  to  personal  prop- 
erty. 

Contract  for  sale  of  corporate  stock.  1915D, 
300. 

Contracts  for  real  property. 

—  in  general. 

Oral  contracts,  see  supra, 

Annotation. 

Specific  performance  of  provisions  for 
appraisal  of  property  preliminary 
to  exercise  of  option.  1917C,  813. 

Discretion  as  to.    1917F,  594. 

Pleading  in  suit  for.  1915A,  317;  1915C, 
367. 

Necessity  of  showing  inadequacy  of  legal 
remedy.  1915A,  317. 

Sufficiency  of  consideration.    1915C,  367. 

Sufficiency  of  description  of  property. 
1916C,  1098,  1124;  1917A,  563. 

Refusal  of  specific  performance  where  de- 
scription of  boundaries  which  failed 
to  satisfy  Statute  of  Frauds  have  been 
reformed  by  parol  evidence.  1917A, 
596. 

Parol  evidence  to  aid  defective  description. 
1917A,  563. 

Power  to  reform  instrument  and  decree  its 
specific  performance.  1917A,  602. 

Right  of  specific  performance  as  against 
second  purchaser  from  vendor.  1917A, 
200. 

Mistake  of  vendor  as  to  area  or  dimensions 
of  lot  as  ground  for  refusal  of  specific 
performance.  1917A,  200. 

Refusal  of  specific  performance  of  contract 
to  purchase  property  because  owners  of 
neighboring  property  may  enjoin  erec- 
tion of  building  as  breach  of  restrictive 
covenant.  3915F,  651. 

Effect  on  right  to,  of  fact  that  vendee  agreed 
to  make  a  cash  payment  on  a  certain 
date  as  part  of  the  purchase  price, 
which  he  failed  to  do,  and  to  give  his 
note  for  the  balance.  1915A,  317. 

Specific  performance  by  landowner  of  op- 
tion to  purchase  contained  in  lease 
drafted  by  him.  1915C,  367. 

Effect  of  statutory  provision  that  decree  for 
specific  performance  requiring  the 
execution  of  a  conveyance  operates  to 
transfer  title  without  the  actual  execu- 
tion of  a  conveyance.  1915A,  317. 

To  compel  renewal  of  lease.     1916E,  1235. 

Of  provision  in  lease  for  appraisal  of  prem- 
ises to  enable  lessee  to  exercise  option 
to  purchase.  1917C,  809. 

Improvements  as  independent  ground  for. 
1917F,  594. 


—  doubtful  titles. 

Annotation. 

Right  of  vendee  to  specific  performance 
with  abatement  from  purchase 
price  where  vendor  is  unable  to 
convey  a  good  and  unencumbered 
title.  1917F,  597. 

Right  of  vendee  to  specific  performance  with 
abatement  from  purchase  price  because 
wife  of  vendee  did  not  join  in  deed  as 
required  by  law.  1917F,  594. 

Decree. 

Adjusting  rights  of  parties  where  purchaser 
refused  to  receive  possession  or  carry 
out  the  trade  and  it  thereupon  became 
necessarv  for  vendor  to  retain  posses- 
sion. 19*15C,  367. 

Deduction  of  dower  interest  from  purchase 
money  in  enforcing  contract  to  convey 
in  favor  of  one  who  did  not  know  that 
the  grantor  was  married.  1915C,  367. 


SPECTATOR. 

Injury   to   bystander   watching   raising    of 
derailed  locomotive.    1916F,  114. 


SPEECH. 

Freedom  of,  see  CONSTITUTIONAL  LAWS. 


SPEED. 

Of  railroad  trains,  see  RAILROADS. 

Annotation. 

Constitutionality  of  statute  fixing  mini- 
mum rate  of  speed  at  which  carrier 
may  transport  special  kinds  of 
freight.  1917C, 


Weight  of  opinion  evidence  as  to.     1916A, 

943. 

Limiting  speed  on  bridges.     1915E,  959. 
Fixing  minimum  limit  of  speed  for  trans* 

portation    of    live   stock.      1917C,   135. 
Contributory  negligence  of  one  driving  at 

prohibited   rate  of  speed  on  highway. 

1915E,  959. 
What  is  a  motor  vehicle  within  meaning  of 

statute  limiting  speed  of  such  vehicles. 

1915E.  1028. 
Of   automobile.      1915D,    968;    1916A,    744, 

1111;  1917A,  710;  1917F,  610. 
Of  street  car.     1917E,  1044. 


SPEEDY  TRIAI,. 

Necessity  of.     191 5E,  363. 


SPENDTHRIFT  TRUSTS— STATE. 
SPENDTHRIFT   TRUSTS.  |  STAGING. 

See  TRUSTS.  See  SCAFFOLDS. 


389 


SPIKE. 

Injury  by  spike  hurled  through  air  by  rail- 
road train.    1915D,  278. 


SPIRITUALIST  MEDIUMS. 

Annotation. 

Application   to,    of  statutes   regulating 

the  practice  of  medicine.     1917C, 

828. 


SPITE  FENCE. 

Liability  for  erecting.    1916F,  903. 


SPLITTING. 

Of  causes  of  action,  see  ACTION  OB  SUIT. 
-  *-•-»  - 
SPOLIATION. 

Annotation. 

Of  will,  liability  for.     1917B,  558. 

Of   will,  liability  for.     191  7B,  556. 


SPRINKLING. 

Of  street,  see  STREET  SPRINKLING. 


SPUR  TRACKS. 

Requiring  carrier  to  construct  and  main- 
tain.    1915E,  682. 


SQUARES. 

See  PARKS  AND  SQUARES. 

•-•-* 


STABLE. 


Easement  for  pipe  line  to  secure  water  for. 

1915C,  355. 
Municipal    regulations    as    to    erection    of. 

1916D,  583. 


STAIRWAY. 

Dangerous  condition  of  stairway  in  public 

school.     1916F,  468. 
Liability    of    landlord    for     condition     of. 

1915B,  98,  387;  1916F,  1098,  1110,  1130, 

1135. 
Duty  of  lessee  to  repair  common  stairway. 

1917C,  387. 
Negligence  in  maintaining  open  stairway  in 

floor  of  store.     1917E,  747. 


STALE  DEMANDS. 

See  LIMITATION  OF  ACTIONS. 


STALLION. 

Breach  of  warranty  on  sale  of.    1915B,  1216. 


STARE  DECISIS. 


See  COURTS. 


STATE. 

Appropriations    by,    see    APPROPRIATIONS. 

Bonds  of,  see  BONDS. 

Common  law  of,  see  COMMON  LAW. 

Application  to,  of  Federal  Constitution,  see 
CONSTITUTIONAL  LAW. 

Estoppel  of,  see  ESTOPPEL. 

Right  to  engage  in  works  of  Internal  im- 
provement, see  INTERNAL  IMPROVE- 
MENTS. 

Mandamus  to  officers  of,  see  MANDAMUS. 

Public  funds  of,  see  PUBLIC  MONEYS. 

Ownership  and  control  of  public  waters, 
see  WATERS. 

Annotation. 

As  an   "employer"   within   meaning   of 

Workmen's      Compensation      Acts. 

1917D,    143. 

Effect  of  admission  of,  on  transfer  of  cause 

from    territorial    to    Federal    district 

court.     1915C,  834. 
Territorial  sovereignty  of  state  as  extending 

to  vessel  of  the  state  upon   navigable 

waters.     1916D,  935. 

Imputing  laches  to  the  state.    1915A,  715. 
Effect  of  inaction  or  delay  by  public  officers 

on  right  of  state  to  recover  inheritance 

tax.     1917E,  1160. 
Guaranty    by    state    of    interest    on    farm 

loans.      191 7 A,   495. 


390 


STATE— STATE  UNIVERSITY. 


Who  is  an  employee  of  the  state  within 
meaning  of  Workmen's  Compensation 
Act.  1916C,  1087. 

Exemption  as  against  fines  due  to  state. 
1915A,  1214. 

Right  of  state  to  maintain  action  to  recover 
excess  charges  exacted  of  individuals  by 
carrier.  1916C,  309. 

Right  of,  to  appeal  in  criminal  case.  1915F, 
1093;  1917F,  985. 

As  necessary  party  defendant.     IfllGD,  42(5. 

Effect  of  appearance  by  state  bank  commis- 
sioner to  make  state  a  party  to  action. 
1915F,  623. 

Application  of  statute  authorizing  suit 
against  the  state  by  any  person  deem- 
ing himself  aggrieved  by  the  refusal  of 
auditor  to  allow  any  just  claims. 
1915E,  858. 

Suit  to  enjoin  officers  from  enforcing  state 
statute  as  suit  against  the  state. 
1915F,  1187;  1916D,  545. 

Suit  against  state  banking  board  and  state 
bank  commissioner  as  suit  against  the 
state.  1915F,  623. 


STATE    BANK    COMMISSIONER. 

See  BANK  COMMISSIONER. 


STATE  BANKING  BOARD. 

Discretion  as  to  grant  of  charter.     1017D, 

310. 
Suit    against,    as    suit    against    the    state. 

1915F,  623. 


STATE  BANK  SUPERINTENDENT. 

See  STATE  SUPERINTENDENT  OF  BANKING. 


STATE  COURTS. 

Error  from,  to  United  States  Supreme 
Court,  see  APPEAL  AND  ERROR. 

Jurisdiction  of,  on  appeal,  see  APPEAL  AND 
ERROR. 

Jurisdiction  of,  generally,  see  COURTS. 

Following    Federal    decisions,    see    COUBTS. 

Federal  courts  following  decisions  of,  see 
COURTS. 


STATED  ACCOUNT. 


See  ACCOUNTS. 


STATE  DEPOSITORY. 

Bo~:d  by,  see  BONDS. 


STATE  GUARANTY  FUND. 

Who  is  .a  depositor  entitled  to  payment  out 
of.  1915F,  623. 

Right  of  creditor  of  insolvent  bank  to  pay- 
ment out  of.  1915F,  623. 


STATE  INSTITUTIONS. 

State  agricultural  societies,  see  AGRICUL- 
TURAL SOCIETIES. 

Annotation. 

Right  of  county  or  municipality  to  use 
public  funds  to  secure  tJic  reten- 
tion or  location  of  a  state  institu- 
tion within  its  limits.  1917E,  845. 

Statute  providing  for  levy  of  tax  by  city 
for  extension  of  campus  of  state 
university  located  in  the  city.  1917K. 
842. 

Running  of  limitations  against.     1916E,  04. 

Injunction  against  trustees  of.     1915D,  588. 


STATEMENT. 

On  appeal,  see  APPEAL  AND  ERROR. 

Of  mechanic's  lien,  see  MECHANICS'  LIENS. 


STATE  MILITIA. 

See  MILITIA. 


STATE'S  ATTORNEY. 

See  DISTRICT  AND  PROSECUTING  ATTORNEYS. 


STATE  SUPERINTENDENT   OF 
BANKS. 

Delegation  of  power  to.     1917F.  f>14. 

Authorizing  bank  superintendent  to  take 
possession  of  assets  of  bank  whenever 
he  deems  it  necessary.  1915E,  675. 

Consideration  for  note  executed  to  enable 
bank  to  meet  requirement  of.  that  de- 
ficiency of  assets  be  made  good. 
1917B,"  684. 


STATE  UNIVERSITY. 

Power  of  trustees  to  prohibit  students  from 
belonging  to  Greek  letter  fraternities. 
1915D,  58S. 


STATIONARY  FI REME.N — ST AT U TES . 


391 


STATIONARY  FIREMEN. 

Regulating  hours  of  labor  of  stationary  fire- 
men.    1916B,  1270. 


STATIONS. 

Railroad  stations,  see  DEPOTS. 


STATISTICS. 

See  VITAL  STATISTICS. 


STATUS. 

Conflict   of   laws   as   to,   see   CONFLICT   OF 
LAWS. 


STATUTE  OF  FRAUDS. 

In  general,  see  CONTRACTS. 


STATUTE  OF  LIMITATIONS. 

See  LIMITATION  OF  ACTIONS. 


STATUTE    OF    NONCLAIM. 

Time  to  present  claim  against  decedent's  es- 
tate.   1915B,  797;  1915D,  754. 


STATUTE  OF  USES. 

Effect  of  statute  of  uses  to  execute  trust 
for  wife  where  she  and  her  husband 
join  in  deed  of  her  property  to  him  in 
trust  for  her.  1915C,  767. 


STATUTES. 

Statutes. 

In  general. 

Enactment. 

Time  of  passage  and  taking  effect. 

Validity  generally. 

Partial  invalidity. 

Judicial         examination;         legislative 

journals. 
Entitling;  expression  of  subject. 

—  in    general. 

—  amendments;  revision;   codifica- 

tion. 

Plurality  of  subjects. 
Local   or  special  legislation. 


Construction;  operation;  effect. 

—  in  general;  use  of  •words. 

—  strict  or  liberal  construction. 

—  adopted   or  re-enacted   statutes. 

—  prospective        or       retrospective 

operation. 

Repeal;   amendment;   revision;   re-en- 
actment. 


In  general. 

Appropriation    acts,    see    APPROPRIATIONS. 

Full  faith  and  credit  to  statutes  of  other 
state,  see  CONFLICT  OF  LAWS. 

Review  of,  by  courts,  see  COURTS. 

Judicial  notice  as  to,  see  EVIDENCE. 

Presumption  as  to,  see  EVIDENCE. 

As  to  initiative  and  referendum,  see 
INITIATIVE,  REFERENDUM,  AND  RE- 
CALL. 

Force  and  effect  of  municipal  charter,  see 
MUNICIPAL  CORPORATIONS. 

Annotations. 

Power  of  municipal  corporation  or  gov- 
ernmental body  to  use  public  funds 
to  promote  the  passage,  or  to  secure 
the  defeat,  of  a  laic.  1O17B,  35S. 

Violation  of  statute  giving  one  vehicle 
right  of  way  as  against  another  as 
affecting  liability  for  injury. 
1917D,  693. 

Use  of  public  funds  by  governmental  body 
to  secure  nullification  of.  191 7B,  354. 

Violation  of,  as  wilful  misconduct,  within 
meaning  of  Workmen's  Compensation 
Act.  1916D,  903. 

Violation  of  statute  as  regligence.  1!)16D, 
1006;  1916E,  1216,  1292;  1917A,  710; 
1917C,  1146. 

Effect  of  violation  rf,  to  deprive  one  of 
defense  of  contributory  negligence. 
1915D,  968. 

Violation  of,  as  proximate  cause  of  injurv. 
1917E,  272. 

Effect  of  violation  of,  by  plaintiff  on  right 
to  recover  for  negligent  injury.  1916E, 
1212,  1222. 

Private  action  for  violation  of.  1917C, 
1146. 

Who  may  set  up  violation  of,  as  a  defense. 
1917  A,  1276. 

Injunction  by  Federal  court  against  crim- 
inal proceedings  to  enforce  state  stat- 
ute. 1917A,  421. 

Injunction  against  enforcement  of.  1Q15B, 
569;  1916B,  764;  1917 A,  495. 

Enactment. 

Presumption  as  to  regularity  of  passage. 
1915A,  1210. 

Going  behind  enrolled  bill  to  determine 
whether  constitutional  requirements 
were  complied  with  in  enactment  of 
statute.  1915D,  119. 

Failure  of  journal  to  show  affirmatively, 
compliance  with  constitutional  require- 
ments as  to  reading  of  bill.  1915A, 
1210. 

Effect  of  absence  of  enacting  clause.  1915B, 
1060. 


STATUTES. 


Absence  of  signature  of  speaker  of  the 
house  from  enrolled  bill.  1915D,  119. 

Two-thirds  vote  for  enactment  of  statute 
amending  municipal  court  act.  1916B, 
931. 

Time  of  passage  and  taking  effect. 

Who  may  question  validity  of  emergency 
clause  in  statute.  19178,  1. 

When  statute  which  is  subject  to  referen- 
dum may  be  put  into  effect.  1917B,  1. 

Effect  of  institution  of  suit  to  determine 
validity  of  statute  to  prevent  its  going 
into  effect.  1917B,  1. 

Validity  generally. 

Constitutionality  of,  see  CONSTITUTIONAL 
LAW. 

Annotation. 

Who  may  question  validity  of  Work- 
men's Compensation  Act.  1917D, 
63. 

Who  may  question  validity.  1915D,  458, 
886;  1915F,  894;  1916A,  374;  1916D, 
550;  1916F,  831;  1917B,  1,  191;  1917D, 
15,  996;  1917E,  1163;  1917F,  514. 

Presumption  and  burden  of  proof  as  to. 
1915D,  98;  1916D,  412 ;  1917B,  710. 

Review  of,  on  habeas  corpus.     1915F,  1093. 

Refusal  of  court  to  pass  upon  constitution- 
ality of  statute  not  necessary  to  deci- 
sion of  case.  1915D,  1149. 

Duty  of  courts  to  uphold  statute  in  case  of 
'doubt.  1916D,  550,  913;  1917A,  1244; 
1917C,  897. 

Ambiguity  or  uncertainty.  1916D,  436; 
1917A,  1198;  1917B,  1276. 

Partial  invalidity. 

General  rule  as  to.     1915B,  213. 

Refusal  to  consider  constitutionality  of  sec- 
tions of  statute  not  invoked  in  case  be- 
fore the  court.  1915B,  569;  191 6D,  951. 

Effect  of  invalidity  of  provision  for  appro- 
priation to  carry  statute  into  effect  to 
nullify  remainder  of  the  act.  1917B, 
808. 

Effect  of  wrongful  inclusion  of  personal 
property  in  statute  providing  for  assess- 
ments for  public  improvements.  1917F, 
999. 

Statute  forbidding  removal  of  cause  to  Fed- 
eral court  by  foreign  corporation  and 
,  imposing  local  citizenship  and  domicil 
upon    all    corporations    doing   business 
within  the  state.     1915F,  1187. 

Farm  loans  act.     191 7A,  495. 

Pure  food  act.     1917A,  495. 

Statute  fixing  times  for  election  of  officers 
and  their  terms  of  office.  1915C,  378. 

Statute  prescribing  qualifications  for  voters. 
1916A,  1124. 

Statute  conferring  suffrage  upon  women. 
1915B,  247. 

Statute    providing    for    licensing  of    physi-  I 
cians  and  surgeons.     191 7D,  996. 

Statute  making  sworn  statement  of  shipper 
as  to  amount  of  grain  delivered  to  car- 
ter conclusive.  1917E,  1011. 


Statute  requiring  purchaser  at  foreclosure 
sale  to  notify  persons  entitled  to  redeem 
before  taking  his  deed.  1915C,  414. 

Statute  imposing  mortgage  registration  tax. 
1916E,  602. 

Judicial  examination;  legislative 
journals. 

Conclusiveness  of  enrolled  bill.  1915D,  119; 
1916E,  1251. 

Considering  legislative  debates  and  legisla- 
tive journals  in  seeking  mischief  sought 
to  be  corrected  by  statute.  1916E,  248. 

Failure  of  legislative  journals  to  show  read- 
ing of  bill  before  passage.  1915A,  1210. 

Admissibility  of  evidence  to  show  that  stat- 
ute is  unreasonable.  1915D,  458. 

Entitling;  expression  of  subject. 
—  in  general. 

Annotation. 

Necessity  and  sufficiency  of  reference  in 
title  of  statute  to  appropriations  t<> 
put  its  purpose  into  effect.  1917 B, 
812. 

Sufficiency  of  title  as  question  for  legi>"..i- 
ture  and  not  for  courts.  1915D.  588. 

Sufficiency  of  reference  in  title  of  statute 
to  appropriation  to  carry  act  into 
effect.  1917B,  808. 

Pure  food  act.     1917B,  808. 

Statute  authorizing  issuance  of  municipal 
bonds.  1915A,  1009. 

Statute  requiring  notice  before  bringing  ac-. 
tion  for  death  against  city.  1915E, 
1069. 

Statute  depriving  officer  of  fees  and  in- 
creasing his  salary.  1917B,  176. 

Act  providing  for  disposal  of  fines.  1917B, 
176. 

Statute  prohibiting  the  carrying  of  intoxi- 
cating liquors  into  club  room.  1915D, 
530. 

Statute  as  to  competency  of  wife  as  witness 
against  husband.  1916F,  382. 

Title  of  act  fixing  term  of  residence  neces- 
sary to  confer  jurisdiction  in  divorce 
suit.  1916A,  693. 

Statute  providing  sentence  for  crime. 
1915B,  389. 

Statute  exempting  proceeds  of  life  insurance 
from  liability  for  debt.  1917F,  1137. 

Sufficiency  of  title  to  cover  provision  giv- 
ing  lien  on  automobiles  for  injuries 
inflicted  by  them.  1917E,  925. 

Statute  requiring  commercial  and  mercan- 
tile houses  to  close  at  six  o'clock  P.  M. 
1916A,  651. 

Statute  requiring  maintenance  of  wash- 
houses  for  employees  in  mines.  1915B, 
420. 

Sufficiency  of  title  of  Workmen's  Compensa- 
tion Act  to  cover  provision  of  compensa- 
tion for  occupational  disease.  1016A, 
283. 

Sufficiency  of  title  of  Workmen's  Compensa- 
tion Act  to  include  abolition  of  negli- 
gence as  ground  of  recovery  against 
third  persons.  191 6A,  358. 


STATUTES. 


393 


Sufficiency  of  title  of  Workmen's  Compensa- 
tion Act  to  permit  counties  to  be  in- 
cluded in  operation  thereof.  1916D, 
629. 

—  amendments;   revision;   codification. 

Amendment  by  mere  reference  to  title  of 
act.  1917B,  176. 

Statute  fixing  standard  for  ice  cream. 
1917B,  198. 

Amendment  of  statute  giving  city  authority 
to  levy  taxes  for  university  campus 
extension  as  germane  to  general  pro- 
visions of  statute  specifying  for  what 
purpose  such  taxes  may  be  levied. 
1917E,  842. 

Plurality  of  subjects. 

Limiting    act    for    appropriations    to    that 

subject.     1917A,  495. 
Statutes   for    prevention   of   plant   diseases 

and  pests.     1917C,  894. 
Inheritance  tax  statute.    1916A,  901. 
Statute  as  to  punishment  for  crime,    1915B, 

389. 

Local  or  special  legislation. 

Constitutional  equality  of  protection  and 
privileges,  see  CONSTITUTIONAL  LAW. 

Presumptions  on  adoption  by  state  as  part 

of  its  Constitution  of  provision  of  act 

of  Congress  as  to  local  or  special  laws. 

1917E,  456. 

Railroad  Commission  Act.     1916E,  358. 
Statute  regulating  bulk  sales.     1917D,  619. 
As  to  taxes.     1917E,  456,  909. 
As  to  election  of  judges.     1915A,  1190. 
As  to  highways.     1917E,  456. 
Municipal   or   county   affairs.      1917E,   456. 
Statute  fixing  term  of  residence  necessary  to 

give     jurisdiction      in      divorce      suit. 

1916A,  696. 
Act  requiring  mercantile  houses  to  close  at 

six  o'clock.     1916A,  651. 
Statute  fixing  license  fees  for  employment 

agencies.    1916E,  1146. 

Construction;  operation;  effect. 

—  in  general;  use  of  words. 
Construction   of    Workmen's    Compensation 

Act,  see  WORKMEN'S  COMPENSATION. 

Estoppel  of  state  by  judicial  construction  of. 
1915C,  876. 

State  court  following  Federal  decisions  in 
construing  state  statute.  1917B,  787. 

Consideration  of  common  law  in  construc- 
tion and  application  of  statutes  declara- 
tory thereof.  1916D,  1149. 

Presumption  as  to  alteration  of  common  law 
by  statute.  1915D,  1149. 

Effect  of  name  given  to  statute  by  way  of 
designation  in  the  report  of  the  com- 
mittee accompanying  introduction  of 
bill.  1917F,  502. 

Construing  statute  according  to  its  terms. 
1915E,  687. 

Literal  interpretation  of  statute,  though  as 
thus  interpreted  it  is  inequitable. 
1916A,  374. 

.Adding  to,  or  expunging  from,  statute  of 
declarations  or  terms.  1917A,  1198. 


Legislative  definition  of  terms.  1917A, 
1116. 

Construing  so  as  to  uphold  statute.  1915B, 
1097;  1916D,  913;  1917D,  15;  1917E, 
1176. 

Legislative  intent.  1915C,  898;  1916E, 
602;  1917A,  1116;  1917C,  897. 

Statutes  in  pari  materia.    1915B,  875. 

Contemporaneous  and  practical  construc- 
tion. 1915B,  976;  1915F,  1140. 

Considering  history  of  legislation  on  the 
subject.  1917B,  787. 

Giving  apparent  and  natural  meaning  to 
terms.  1917A,  1195. 

Giving  reasonable,  sensible  interpretation. 
1917A,  1198. 

Express  grant  of  right  as  impliedly  carry- 
ing with  it  right  to  use  all  ordinary 
methods  and  .means  of  enjoying  it. 
1916F,  1001. 

Mandatory  provisions.     1916A,  436. 

Meaning  of  words  "railroad  car"  in  statute 
as  to  maliciously  setting  railroad  car 
in  motion.  1915A,  817. 

—  strict  or  liberal  construction. 

Annotation. 

Workmen's  Compensation  Acts.  191 7D, 
89. 

Prohibitory  liquor  law.     191 7B,  962. 
Statute  passed  in  exercise  of  police  power. 

1917D,  310. 
Penal   or   criminal   statutes.     1915A,   564; 

1917B,  962. 

Tax  statutes.    1916E,  1;  1917F,  436. 
Exemption  laws.     1916B,  786,  1288. 

—  adopted  or  re-enacted  statutes. 

Construction  of  adopted  constitutional  pro- 
vision. 191 7  A,  1244. 

Rule  as  to  construction  of  adopted  statute 
as  including  decision  as  to  its  consti- 
tutionality. 1917A,  94. 

Presumption  that  adoption  of  statute  from 
other  state  carries  construction  given 
it  by  courts  of  state  of  origin.  1915B, 
358;  1915D,  450;  1916E,  735. 

Binding  effect  of  construction  given  by 
court  of  state  from  which  statute  is 
adopted  where  such  court  treats  it  as 
a  revision  of  a  former  statute,  and 
gives  it  the  restricted  operation  of  such 
former  statute,  although  the  restrictive 
provisions  in  the  earlier  statute  have 
been  eliminated.  1917D,  971. 

—  prospective    or    retrospective    oper- 

ation. 

Constitutionality  of  retrospective  laws,  see 
CONSTITUTIONAL  LAW. 

Validity  of  curative  acts,  see  CONSTITU- 
TIONAL LAW. 

Retrospective  operation  of  ordinance,  see 
MUNICIPAL  COEPOBATTONS. 

Annotations. 

Workmen's  Compensation  Acts.  1917D, 
89. 

Retrospective  effect  of  statute  prescrib- 
ing grounds  of  divorce.  1917C, 
16O. 


394 


STATUTES— STEPDAUGHTER. 


Statute  providing  for  ouster  of  officials 
from  office.  19]  6D,  1090. 

Election  statutes.    191 5 A,  10G9. 

Right  to  impose  inheritance  tax  on  convey- 
ance by  deed  placed  in  escrow  by  statute 
passed  after  delivery  of  deed  to  cus- 
todian. 1917C,  961. 

Application  of  inheritance  tax  statute  to 
property  passing  under  power  of  ap- 
pointment where  testator  died  before 
passage  of  the  statute,  but  the  power 
of  appointment  was  exercised  after  its 
passage.  1917C,  975. 

Statute  fixing  time  of  residence  necessary 
to  maintenance  of  divorce  proceeding. 
191 6 A,  690. 

Statute  requiring  purchaser  at  foreclosure 
sale  to  notify  persons  entitled  to  re- 
deem before  taking  his  deed.  1915C, 
414. 

The  Webb-Kenyon  Act.     1916C,  291. 

Sentence  to  imprisonment  prior  to  passage 
of  statute  making  imprisonment  ground 
for  divorce.  1917C,  159. 

Statute  repealing  penalties.     1917E,  668. 

Statute  forbidding  rebates  or  discrimina- 
tion by  public  utility.  1917B,  908. 

Repeal;  amendment;  revision;  re-en- 
actment. 

Entitling;   expression  of  subject,  see  supra. 

Power  of  legislature  to  repeal  law  enact- 
ed upon  people's  initiative.  3917B,  1. 

Effect  of  statute  rejected  on  referendum 
after  passage  by  the  legislature,  to  re- 
peal prior  statutes.  1915B,  988. 

General  rule  as  to  repeal  by  implication. 
1916D,  913. 

Repeal  by  implication  of  that  portion  of  an 
original  section  of  a  statute  omitted 
from  a  section  expresslv  amendatory 
thereof.  19]  5 A,  639. 

Repeal  of  former  by  later  of  two  statutes 
covering  same  general  subjects.  1917B, 
718. 

Giving  effect  to  clear  intent  of  statute  that 
it  shall  supersede  another  statute  upon 
a  stated  contingent  event.  1916D,  913. 

Effect  on  existing  rights,  remedies,  or  lia- 
bilities. 1915A,  639;  1917E,  068,  1160. 

Revival  of  common  law  by  repeal  of  statute. 
1915D,  1149. 

Effect  of  repeal  of  indeterminate  sentence 
law  after  commission  of  crime  but  be- 
fore trial.  191 7B,  738. 

Implied  withdrawal  of  offenses  by  election 
officers  from  operation  of  statute. 
1916A,  1124.  * 

Implied  repeal  of  statute  exempting  carrier 
from  duty  to  carry  all  persons.  1915E, 
788. 

Revocation  of  agency  for  county  by  repeal- 
ing of  act  authorizing  the  contract  of 
agency.  1915A,  639. 

Statute  as  to  time  for  appeal.  1917C, 
1029. 

Statute  setting  apart  fines  and  penalties 
for  police  pension  fund  as  repealing  act 
entitling  superintendent  of  schoola  to 
such  moneys.  1917B,  17ti. 


Repeal  of  statute  giving  state's  attorney 
lien  on  fines  and  penalties  collected 
by  him,  by  statute  appropriating  them 
to  specific  purposes.  1917B,  176. 

Effect  of  statute  permitting  maintenance  by 
personal  representative  of  action  for 
personal  injuries  which  might  have 
been  instituted  by  the  injured  person  if 
death  had  not  ensued,  to  repeal  former 
statutes  permitting  action  arising  be- 
cause of  the  death  to  be  brought  by  the 
widow  or  the  next  of  kin.  191 5E, 
1069. 

General  and  special  laws.     1917C,  J029. 

Reference  to  prior  act.      1917 B,   176. 

Constitutional  provision  requiring  statute 
amended  to  be  inserted  in  the  amend- 
ing one.  1915B,  247. 

Amendment  of  section  of  an  amending  stat- , 
ute  which  tises   the  section   number  of 
the    original    act    instead    of    that    in 
which     it     was     incorporated     in     the 
amending  act.     T916A,  696. 

Statute  extending  suffrage  to  women  as  an 
amendment  of  the  existing  election  law. 
1915B,  247. 

Attempt  to  amend  criminal  statutes  with- 
out re-enacting  and  publishing  them  at 
length.  1915B,  389. 


STAY. 

Effect  of  stay  of  execution  to  release  sure- 
ty.    1917C,  485. 


STEAM   ROLLER. 

Fright  of  horse  by.     1917B,  699. 
Injury  to  gas  pipe  beneath  surface  of  high- 
way by.     1916A,  1224. 


STENOGRAPHER. 

Operator  of  elevator  as  fellow  servant  of 

stenographer    riding    thereon.      1915F, 

782. 
Admissibility    of   stenographer's    transcript 

in  evidence.     1915F,  771. 
Effect  of  presence  in  grand   jury  room   of 

stenograpl-^r  not  authorized  bv  statute. 

]916D,  1118. 


STENOGRAPHER'S    TRANSCRIPT. 

Admissibility  of,  in  evidence.     1915F,  771. 


STEPDAUGHTER. 

As  beneficiary  of  benefit  certificate.     1916B, 
901. 


STEPSON— STREET  CLEANING. 


395 


STEPSON. 


Liability  of  owner  for  injury  caused  by 
stepson  who  had  taken  automobile 
without  permission.  1915A,  1130. 


STICKERS. 

On  election  ballot.     1917A,  211. 


STIPULATED  DAMAGES. 

See  DAMAGES. 


STIPULATION. 

For-  attorneys'  fees,  see  ATTORNEYS'  FEES. 
In  telegrams,  see  TELEGRAPHS. 

Giving  jurisdiction  by.     1915E,  421;  1916B, 
799;  1917E,  359. 


STOCK  AND  STOCKHOLDERS. 

See  CORPORATIONS. 


STOCKBROKERS. 

See  BROKERS. 


STOCK  DIVIDENDS. 

Relative  rights  of  life  tenants  and  remain- 
derman to.  191GA,  718;  191GB,  626; 
1916D,  201. 


STOCKHOLDERS. 

Of  bank,  see  BANKS. 


STOLEN  PROPERTY. 

Of  guest  at  inn,  see  INNKEEPERS. 
Receiving    stolen    property,    see    RECEIVING 
STOLEN  PROPERTY. 

Eights  of  transferee  of  stolen  note.    1915E, 
351. 


STONE   QUARRY. 

Blasting  in,  see  BLASTING. 


STOPPING  PAYMENT. 

Of  check.     1915D,  402;  1916E,  537;  1916F, 
826. 


STORAGE. 

By  warehousemen,  see  WAREHOUSEMEN. 

Annotation. 

Right  of  railroad  to '  charge  storage 
u-Jiere  the  refusal  to  remove  the 
goods  is  due  to  a  dispute.  1917C, 
419. 

Right  of  carrier  to  charge  storage  for  delay 
in  removing  goods.  1917C,  416. 


STORE. 

Duty  to  patrons  as  to  condition  of  premises, 
see  NEGLIGENCE. 

Annotations. 

What  passes  under  devise  or  bequest  of. 
1917D,  435. 

Validity  of  public  restriction  as  to  loca- 
tion of.  1917F,  1O60. 

Bequest  of  drug  store  as  passing  the  money 

rights    and     credits     of     the     concern. 

]917D,  426. 
Requiring  closing  of,  at  six  o'clock  in  the 

evening.     1916A,  651. 
Injury   to   customer   at   store   by   swinging 

dW.    1915F,  572. 


STORM. 

Loss   of   goods    by,    during   transportation. 
1915D,  547. 


STOVEPIPE. 

Claim   for,  as   within    protection    of    con- 
tractor's bond.     1917A,  336. 


STRAIN. 

As  an  accident  within  meaning  of  Work- 
men's Compensation  Act.  1916A,  295, 
299;  1916D,  966. 


STREET    CLEANING. 

As  a  governmental  function.     191.5C,  741. 


396 


STREET  LIGHTING— STREETS. 


STREET  LIGHTING. 

Special  assessment  for.     1917A,  1093. 

Annotation. 

Street  lighting  as  a  local  improvement 
assessable  against  property  bene- 
fited. 1917A,  1O9S. 


STREET  RAILWAYS. 

In  general. 
Operation. 

—  in  general. 

—  contributory  negligence. 


In  general. 

As  carriers,  see  CAPBIEBS. 

As  to  use  and  dangers  of  electricity,  see 
ELECTRICITY. 

Use  of  highway  by,  generally,  see  HIGH- 
WAYS. 

Rights  and  duties  of  company  toward  em- 
ployees, see  MASTEB  AND  SERVANT. 

Annotation. 

Right  to  transfer  or  mortgage  privilege 
to  use  streets.  19171),  707. 

Duty  of  railway  company  removing  cottage 
washed  upon  its  tracks  by  flood.  1917C, 
1038. 

Negligence  in  passing  standing  street  car 
to  the  left.  1917C,  477. 

Right  of  street  car  company  to  enjoin  oper- 
ation of  jitney  busses.  1916B,  1143. 

Regulation  of,  as  affecting  interstate  com- 
merce. 1915F,  792. 

Crossing  of  railroad  track  by.     1915D,  843. 

Use  of  street  for  street  railway  as  a  pub- 
lic use.  1917F,  485. 

Construction  of  subway  in  street.  1915F, 
1005. 

Operation. 

—  in  general. 

Injury  to  employees,  see  MASTER  AND  SERV- 
ANT. 

Annotations. 

Criminal  homicide  in  operation  of. 
1917C,  536. 

Violation  by  servant  of  mile  adopted  by 
company  as  evidence  of  negligence 
toward  one  other  than  servant. 
1917C,  793. 

Liability  for  injury  to  person  other 
than  passenger  or  employee  by  de- 
railment of  street  car.  1917D, 
815. 

Liability  of  street  railway  company  for 
injuries  caused  by  collision  with 
fire  apparatus.  1917E,  415. 

Liability  for  injury  due  to  oiling  tracks. 
1917F,  712. 


Private  action  in  favor  of  person  injured  by 
violation  of  ordinance.  1915D,  1021. 

Proximate  cause  of  injury.     1915B,  1111. 

Relevancy  of  evidence  in  action  for  injury. 
1915D,  1021;  1916E,  58. 

Sufficiency  of  proof  of  negligence.  1916B, 
824. 

Question  for  jury  as  to  negligence.  1915A, 
742. 

Instructions  as  to  negligence.     1915D,  1021. 

Instruction  as  to  duty  of  street  car  com- 
pany to  employ  men  of  experience  and 
ability  to  operate  cars.  1917D,  214. 

Liability  for  injuries  inflicted  upon  prop- 
erty owner  through  shock,  by  street  car 
leaving  tracks  and  running  against  his 
dwelling.  1917D,  813. 

Injury  to  child  jumping  on  and  off  street 
car.  1916C,  104. 

Right  of  motorman  to  assume  that  adult 
person  near  track  will  avoid  being 
struck  by  the  overhang  of  the  car  as  it 
swings  around  a  curve.  1915C,  604*. 

Fright  of  horse  by  car.     1915A,  742. 

Duty  as  to  safety  appliances  on  cars. 
1915A,  742. 

Duty  as  to  signals.    1916E,  58. 

Rate  of  speed.    1917E,  1044. 

—  contributory  negligence. 

Annotations. 

Attempting  to  cross  in  front  of  observed 
street  car  as  contributory  negli- 
gence. 1917C,  692. 

Imputing  negligence  of  driver  of  fire 
apparatus  to  firemen  injured  by 
collision  with  street  car.  1917E, 
415. 

Contributory  negligence  of  child. 
1917F,  112. 

Circumstances  under  which  child  cross- 
ing street  car  track  is  guilty  of  neg- 
ligence either  as  matter  of  law  or 
fact.  1917F,  172. 

Relevancy  of  evidence  as  to.     1916B,  824; 

1917E,  405. 

Instructions  as  to.     1915D,  1021. 
Question  for  jury  as  to.    1917C,  689. 
Effect-  of  ordinance  giving  right  of  way  to 

mail  carriers  in  street.     1915D,  102] . 
Voluntarily  becoming  intoxicated  and  lying 

down  on  track.    1917C,  464. 
Person  crossing  track.     1916E,  58;   1917C, 

689. 
Drivers    of    vehicles    and    persons    thorein. 

1915C,  419;  1915D,  3021;   1917E,  1044. 
Of  fireman  injured  by  collision  with  street 

car.     1917E,  405. 
Infants.     1917F,  164,  165,  167. 
Injury  avoidable  notwithstanding  contribu- 
tory negligence.     1916E,  58. 


STREETS. 


See  HIGHWAYS. 


STREET  SPRINKLING— SUBROGATION.  397 

STREET  SPRINKLING.  SUBMISSION  TO  JURY. 


Special  assessment  for.     193  7D,  365. 
Power  of  municipal  officers  to  contract  for, 

beyond  term  of  office.     19]  5E,  581. 
Proof  of  breach  by  municipality  of  contract 

for.    1915E,  581. 


STRICT  CONSTRUCTION. 

Of  statutes,  see  STATUTES. 


STRIKES. 

Annotations. 

Application  in  case  of  strike  of  provi- 
sion in  mining  lease  excusing  pay- 
ment of  minimum  royalties. 
1917E,  1O79. 

Liability  of  master  for  intentional  Kill- 
ing or  injury  of  a  servant  by  strik- 
ers. 1917F,  753. 

Controversy  over  f'open"  or  "closed" 
shop  as  justification  for  means  em- 
ployed to  aid  a  strike.  1917F, 
76O. 

Validity  of.     1916C,  218,  986. 

Injunction  against.     1917F,  755. 

Injunction  against  blacklisting  of  striking 
employees.  1916C,  218. 

Forbidding  employer  to  refuse  to  employ 
one  who  has  participated  in  a  strike. 
1917B,  1108. 

Power  of  Congress  to  fix  standard  working 
day  for  interstate  railroad  employees 
and  make  temporary  wage  regulation 
to  avert  general  strike.  1917E,  938. 

Right  of  contractor  who  has  relieved  build- 
ing owner  from  contract  to  use  patent- 
ed process  because  of  threatened  strike 
against  building,  to  recover  from  those 
threatening  strike.  1916C,  986. 


STRIKING   OUT. 

Of  pleading,  generally,  see  PLEADING. 

Of   amendment.     1917D,   652. 

Of    evidence.      1915B,    1121;    1915F,    558; 

1916E,  1264;   1917D,  1049. 
Of  brief  for  vituperative  language.     1916A, 

771. 

4  »  » 


SUBAGENTS. 

As  agent  of  principal.    1915E,  721. 
Binding  effect  on  insurance  company  of  acts 
of.    1917D,  1091. 


SUBCONTRACTORS. 

Lien  of,  see  MECHANICS'  LIENS 


See  TBIAL. 


SUBPOENA   DUCES   TECUM. 

Failing  to  produce  papers  in  response  to,  as 
contempt.     1915B,  980. 


SUBROGATION. 

In  general. 

Right  to  subrogation  generally. 

On  payment  of  debt  or  note. 

As  to  mortgages. 

To  vendor's  lien. 

To  tax  lien. 


In  general. 

Necessary  parties  to  action  to  secure. 
1917A,  731. 

Right  to  subrogation  generally. 
Of  insurance  company,  see  INSURANCE. 

Definition  of.     1917A,  734. 

Refusal  to  apply  doctrine  of,  where  party 
will  thereby  be  deprived  of  a  legal 
right.  1917A,  734. 

Theory  that  right  of  subrogation  can  be  set 
up  only  as  defense.  1917D,  1067. 

Provision  in  Workmen's  Compensation  Act 
for  subrogation  of  employer  to  em- 
ployee's rights  against  a  third  party. 
1916D,  412. 

Right  of  bank  clerk  who,  by  mistake  has 
paid  a  check  upon  which  payment  has 
been  stopped  and  taken  assignment  from 
the  bank  of  its  rights,  to  enforce 
against  the  drawer  whatever  rights  the 
holder  may  have  had.  1916F,  826. 

On  payment  of  debt  or  note. 

General  rule  as  to.     1917A,  734. 

As  to  mortgages. 

Effect  of  fact  that  one  claiming  subroga- 
tion to  mortgage  is  compelled  to  resort 
to  an  affirmative  action  to  secure  sub- 
rogation. 1917D,  1067. 

Right  of  one  who  in  good  faith  purchases 
goods  in  violation  of  Bulk  Sales  Law 
and  pays  off  a  chattel  mortgage  on  the 
propertv,  to  subrogation  to  lien  of  the 
mortgage.  1917D,  1067. 

Subrogation  of  purchaser  paying  off  encum- 
brances to  rights  of  the  mortgagee. 
1915F,  771. 

Subrogation  to  rights  of  first  mortgagee  as 
against  holder  of  second  mortgage  who, 
being  under  no  duty  to  pay  the  mort- 
gage, loans  money  for  its  discharge. 
1917A,  734. 

Subrogation  of  obligee  in  bond  to  rights  of 
surety  in  mortgage  given  to  indemnify 
him.  1916C,  1057. 


398 


SUBROGATION— SUICIDE. 


Right  of  one  satisfying  lien  note  at  request 
of  property  owner,  in  ignorance  of  sec 
ond  mortgage,  to  subrogation  to  rights 
of  first  lien  holder.  1917A,  731. 

To  vendor's  lien. 

Effect  of  judgment  to  bar  right  to  subroga- 
tion to.  1915E,  875. 

Subrogation  of  one  purchasing  notes  given 
for  purchase  price  of  real  estate  to  lien 
of  vendor.  1915E,  395. 

To  tax  lien. 

Power  of  property  owner  to  confer  by  con- 
tract right  of  subrogation  to  tax  lien 
upon  stranger  who  pays  his  taxes  at 
his  request,  which  shall  be  superior  to 
lien  of  existing  mortgage.  1915D,  697. 


SUBSCRIBING  WITNESS. 

To  wills,  see  WILLS. 


SUBSCRIPTION. 

To  will.    1915D,  902;  1916E,  692. 

Parol  evidence  of  condition  attached  to. 
1915B,  221. 

Estoppel  of  subscriber  to  seek  release  from 
subscription  on  ground  that  plans  have 
been  changed.  1917F,  1132. 

Effect  on  liability  on  subscription  to  fund 
of  specified  total  of  increase  of  such 
total  to  larger  amount.  1917F,  1132. 

Right  of  one  subscribing  to  fund  to  be  used 
for  industrial  development  of  city  to 
object  to  manner  of  use.  191 6B,  1006. 


SUBSIDIES. 

Power  of  chamber  of  commerce  to  grant  sub- 
sidies.    191 6B,  1006. 


SUBSTITUTED  SERVICE. 

Service     by     publication,     see     WRIT    AND 
PROCESS. 


SUBSURFACE   WATERS. 

See  WATERS. 


SUBTERRANEAN  WATER. 

See  WATERS. 


SUBWAY. 

Under  street;   liability  to  abutting  owner. 

1915F,  1005,  1009* 
Subway   railroad   as   additional    burden   on 

highway.     1916A,  1290. 
Requiring    railroad    to    construct    subway 

under  highway.     1915E,  751. 


SUCCESSION  TAX. 


See  TAXES. 


SUCCESSIVE  GARNISHMENTS. 

Annotation. 

Amount  of  wages  exempt  on  successive 
garnishments.     1917D,  S99. 

Of  wages.     1917D,  898. 


SUCCESSIVE  SUITS. 


See  ACTION  OR  SUIT. 


SUCCESSOR. 

Liability  of  one  transferring  business  with- 
out notice  for  supplies  furnished  succes- 
sor. 1915F,  711. 


SUCTION. 

Annotations. 

Liability  for  injury  to  person  near  trade 

in    consequence    of    suction    from 

passing  train.     1917B,    1163. 
Contributory  negligence  of  child  beside 

track  drawn  under  train  by  suction. 

1917.F,   ISO. 

Injury    to    person    drawn    under    train    by. 
1917B,  1161. 


SUFFRAGE. 

Right  of,  see  ELECTIONS. 


SUGGESTIVE  FACTS. 

Evidence  of,  see  EVIDENCE. 


SUICIDE. 

Of    insured.      1015D,    1095;     1915E,    656 
1915F,  703,  707. 


SUICIDE— SUPPORT. 


299 


Abatement  of  cause  of   action  by.     1916A, 

1140. 
Recovery   for   deata   by,   under    Workmen's 

Compensation  Act.     1916A,  333. 
Presumption     of     insanity     from.       191 5D, 

1095. 

Evidence  of  declarations  of  suicidal  intent. 
.       1916B,  816. 


SUIT  MONEY. 

In  -divorce  suit,  see  DIVORCE  AND  SEPAEA- 
'   TION. 


SUMMONS. 

Eee  WBIT  AND  PBOCESS. 


SUNDAY. 

Judicial  proceedings. 
Labor  and  business. 

—  in   general. 

—  -works  of  necessity  and   charity. 
Contracts. 

Violation  of  Sunday  law  as  a  defense. 


Judicial  proceedings. 

Charging  jury  in  criminal  case  on  Sunday. 
1915D,  361. 

Labor  and  business. 

—  in  general. 

Sunday  show  payment  for  which  is  volun- 
tary. 1916B,  1124. 

Religious  phonographic  lectures  illustrated 
by  moving  pictures  given  in  theater 
without  charge.  1916D,  573. 

—  works    of   necessity   and   charity. 

Annotations. 

JJarbering     as    a    irorle     of    necessity. 

1917B,   97. 
Applicability  of  Sunday  laics  to  sale  of 

food     and    refreshments.       1917C, 

3S1. 

Operation  of  barber  shop.     1917B,  93. 
Conducting    of    store     where     soft     drinks, 

crackers,   fruit,  etc.,  are   sold.      191 7C, 

377. 
Publication  of  newspaper.     1916C,  1148. 

Contracts. 

Annotations. 

Remedy  of  party  as  to  rescission  of 
Sunday  contract.  1.O17D,  45O. 

Invalidity  of  Sunday  contract  as  affcct- 
hif/  riffht  of  innocent  third  person 
to  enforce  it.  1917C,  586. 


Promissory  note  made  on  Sunday;  ratifi- 
cation. 191 7C,  582. 

Refusal  of  counts  to  relieve  from  Sunday 
contract.  1917D,  445. 

Violation  of  Sunday  law  as  a  defense. 

Fact  that  note  was  made  on  Sunday  as  de- 
fense in  action  by  transferee.  1917C, 
582. 

Recovery  for  injury  by  excessive  driving  to 
horse  let  on  Sunday  contrary  to  stat- 
ute. 1915F,  644. 

Personal  injury  cases.     1917A,  128. 


SUNSTROKE. 

Sufficiency    of    proof    that    death    resulted 

from'    1916E,  952. 
Injury  or  death  of  insured  by.     1916E,  945, 

952. 


SUPERINTENDENT. 

Right  of,  to  benefit  of  Workmen's  Compen- 
sation Act.     1916E,  1257. 


SUPERSEDEAS. 

Effect   of   supersedeas   bond.      1915E,   401 ; 

1916E,  735;   1917C,  1176. 
Priority     between     supersedeas    bond    and 

mortgage.    1916F,  1067. 


SUPPLEMENTAL   PLEADING. 

See  PLEADING. 


SUPPLIES. 

Annotation. 

Purchase  of  supplies  by  foreign  mining 
or  manufacturing  corporation  as 
doing  business  ivitliin  state. 
1917E,  1157. 


SUPPORT. 

Of  infants  generally,  see  INFANTS. 
Of   insane    person,    see   INCOMPETENT   PER- 
SONS. 
Gift  for,  by  will,  see  WILLS. 

Annotations. 

Provision  in  'devise  for  support  of  a 
third  person  as  a  charge,  a  condi- 
tion subsequent,  or  a  condition  pre- 
cedent. 1917A,  617. 


400 


Relief  of  grantor  in  conveyance  in  con- 
sideration of  agreement  to  sup- 
port whicli  is  broken  by  grantee. 
1917D,  627. 

Excuse  for  failure  of  grantee  to  per- 
form agreement  to  support.  1917E, 
658. 

Of  wife,  husband's  liability  for.  1917A, 
957;  1917B,  1288. 

Contract  for;  rescission  of,  for  failure  of 
performance.  1917D,  624. 

Novation  of  contract  for.     1915B,  1. 

Validity  under  statute  of  frauds  of  contract 
for.  1915E,  562. 

Construction  of  contract  as  to.  1917E, 
655. 

Implied  lien  on  property  conveyed  in  con- 
sideration of  support  to  grantor,  to  en- 
force performance  of  the  consideration. 
1915B,  1069. 


SUPPORT— TACIT  UNDERSTAK DING. 

SURRENDER. 


SUPREME  COURT. 

Original  jurisdiction  of.     1917B,  710. 


SURETIES. 

In  general,  see  PRINCIPAL  AND  SURETY. 


SURFACE   SUPPORT. 

Duty  of  minor  to  leave.     1917C,  1190. 


SURFACE  WATERS. 

See  WATERS. 

"» * » 


SURGEONS. 

See  PHYSICIANS  AND  SURGEONS. 


SURPLUSAGE. 

In  bond  given  by  public  depository.     1917B, 

977. 
Of  bankrupt's  estate,  application  to  payment 

of  interest  on  claims.     1915B,  884. 


SURPRISE. 

As  ground  for  new  trial.     1916E,  100. 
As    ground    for    relief    against    judgment. 
1916E,  100,  303;   1916F,  837. 


Of  insurance  policy,  see  INSURANCE. 


SURRENDER  CLAUSE. 

In  oil  and  gas   lease;   effect  of,  to  render 
contract   unilateral.      1917B,    1184. 


SURVIVING   PARTNER. 

Rights  and  powers  of,  see  PARTNERSHIP. 


SUSPENSION. 

Of  attorney,  see  ATTORNEYS. 

Of  sentence,  see  CRIMINAL  LAW. 

Of  power  of  alienation,  see  PERPETUITIES. 


SWIMMING  FOOL. 

Injury  to  patron;   contributory  negligence. 
1915F,  689. 


SWINGING  DOOR. 

Injury  to  customer  at  store  by   swinging 
door.    1915F,  572. 


SWITCH  CONNECTIONS. 

Requiring  carrier  to  make.     1916F,  1281. 


SWITCHING   CHARGES. 

Discrimination    by    carrier    as    to.      1916A, 

1107. 
What  constitutes   switching  service  within 

statute  regulatirg  charge  for.     1916D, 

452. 


SYNDICATE. 

Rights  and  liabilities  of  promoters  of  cor- 
porations generally,  see  CORPORATIONS. 


TACIT  UNDERSTANDING. 

Sufficiency    of,     to    constitute    conspiracy. 
191 7C,  65. 


TACKING— TAXES. 


401 


TACKING. 

See  ADVEBSE  POSSESSION. 


TAIL. 

Estates  in,  see  WILLS. 


TAKING. 

What  constitutes,  see  EMINENT  DOMAIN 


TAR. 

Annotation. 

Keeping     of,     on     insured     premises. 
1917C,  287. 


TAXES. 

In  general. 

Power  of  state  or  territory  to  tax  Fed- 
eral agencies,  instrumentalities 
and  property. 

Equality:  uniformity;  discrimination; 
double  taxation. 

For  what  purpose  or  use. 

What  taxable. 

—  in  general;  what  must  be. 

—  corporations  and  stock. 
Exemptions. 

—  in   general. 

—  corporations  and  their  property. 

—  property  devoted  to  educational, 

charitable,    or    religious    pur- 
poses. 

—  public  property. 
Where  taxable;  situs. 
Levy  and  apportionment. 
Assessment. 

—  in  general. 

—  valuation. 

—  review;     correction     of     assess- 

ments; equalization;  appeal. 
Tax  officers. 
Action  for  collection. 
Sale;  deed;  rights  of  purchasers. 
Who  must  pay;  corporation  taxes. 
Payment;  tender;  remedies  as  between 

individuals. 
Lien. 
Succession  or  transfer  tax. 

—  in  general. 

—  exemptions;  uniformity. 

—  persons,  property,  transfers,  and 

interests  subject  to  tax. 

—  assessment  and  collection. 
Income  tax. 

—  in   general. 

—  equality;  uniformity. 


In  general. 

Constitutionality  of  tax  statutes,  see  CON- 

STITCTIOXAL  LAW. 

L.R.A.  Tri.  Index  1915-17.— 26. 


Assessment  for  drains  and  sewers,  see 
DRAINS  AND  SEWERS. 

Injunction  against,  see  INJUNCTION. 

As  to  inspection  fees,  see  INSPECTION. 

Internal  revenue  taxes,  see  INTERNAL  REV- 
ENUE. 

As.  to  license  generally,  see  LICENSE. 

Stipulation  for  foreclosure  of  mortgage  on 
default  in  payment  of,  see  MORTGAGE. 

Matters  peculiar  to  municipal  taxation,  see 
MUNICIPAL  CORPORATIONS. 

Assessments  for  public  improvements,  see 
PUBLIC  IMPROVEMENTS. 

As  affecting  commerce,  see  COMMERCE. 

Considering  overdue  taxes  in  determining 
amount  of  indebtedness  of  alleged  bank- 
rupt. 1916E,  628. 

Effect  of  assessment  on  land  as  affecting 
dedication  for  public  use.  1916B,  1160. 

Power  of  agent  to  borrow  money  on  credit 
of  principal  to  pay  taxes  on  property 
managed  by  him.  1916C,  HO. 

Revocation  of  agency  to  discover  property 
not  listed  for  taxation.  1915A,  639. 

Binding  effect  on  county  of  judgment  that 
tax  certificates  are  null  and  void. 
1916D,  1. 

Liberal  construction  of  tax  statute.  1916E, 
1. 

Partial  invalidity  of  tax  law.  1915B,  569; 
1916E,  602. 

Mortgage  registration  tax.     1916E,  602. 

Review  by  court  of  administration  of  tax 
act.  1916F,  141. 

Power  of  state  or  territory  to  tax 
Federal  agencies,  instrumentali- 
ties and  property. 

Taxation  as  affecting  interstate  commerce, 
see  COMMERCE. 

National  bank  shares.     1917B,  294. 

Equality;  uniformity;  discrimination; 
double  taxation. 

In  case  of  inheritance  or  succession  tax,  see 
infra. 

Equality  of  income  tax,  see  infra. 

Equal  protection  and  privilege  as  to,  see 
CONSTITUTIONAL  LAW. 

Uniformity  and  equality  as  to  license,  see 
LICENSE. 

Uniformity  as  to  local  improvement  assess- 
ments, see  PUBLIC  IMPROVEMENTS. 

Annotation. 

Statute  requiring  particular  locality  to 
bear  part  of  judge's  salary  as  vio- 
lating constitutional  requirement 
of  uniformity  in  taxation.  1917D, 
797. 

Effect  of  14th  Amendment  to  require  state 

to   adopt   invariable    rule    of   uniform 

taxation.     1916F,  141. 
Uniformity   of   mortgage   registration    tax. 

1916A,  843;   1916E,  602. 
Violation   of  equality   and  uniformity   rule 

by   exemption   from   taxation.      1916D, 

272. 
Power    of    legislature    to    distinguish    and 

classify    objects    of    taxation.      1916F, 

141,   154. 


402 


TAXES. 


Discrimination  between  different  localities. 
1916F,  154. 

Taxation  according  to  value.     1916F,   141. 

Discrimination  in  rate  or  method  of  tax- 
ation in  taxing  minerals.  ]916F,  141. 

Placing  tax  on  anthracite  coal  but  not  on 
bituminous  coal.  1916F,  154.  . 

Subjecting  solvent  credits  except  such  as 
are  secured  by  instruments  of  record  to 
ad  valorem  tax  and  the  latter  to  a  re- 
cording tax  much  less  in  amount. 
1915A,  185. 

Attempt  by  legislature  to  direct  county  to 
levy  tax  for  reimbursement  of  sureties 
on  a  collector's  bond  who  are  alleged  to 
have  paid  shortage  for  which  collector 
was  not  responsible.  1917E,  824. 

Special  legislation  as  to  taxes.     1917E,  456. 

Inspection  «fees.    1917D,  746. 

Attempt  by  legislature  to  require  municipal- 
ity to  turn  over  a  portion  of  its  taxes 
to  the  county  to  assist  in  support  of 
juvenile  court  for  which  the  county  lias 
already  levied  a  tax  on  all  property 
within  its  limits.  1917D,  791. 

Double  taxation.     1915C,  386;   1916E,  404. 

For  what   purpose  or   use. 

Application  to  mortgage  registration  tax  of 
constitutional  provision  that  legisla- 
ture shall  not  impose  taxes  for  the 
purposes  of  any  municipal  corporation. 
1916E,  602. 

Manufacture  of  ice  by  town  as  public  pur- 
pose for  which  taxing  power  may  be 
exorcised.  1915B,  859. 

Primary  election  as  public  purpose  for 
which  taxes  may  be  levied.  1917A,  253. 

To  compensate  county  employees  for  in- 
juries received  in  the  course  of  their 
employment.  1916D,  628. 

Locality  of  expenditure.    191 7D,  971. 

"What   taxable. 

—  in  general;  •what  must  be. 

Taxation  of  Federal  agencies  and  instrumen- 
talities by  state  or  'territorial  govern- 
ments, see  supra. 

Property  exempt,  see  infra. 

Property,  transfers,  and  interests  subject  to 
inheritance  or  succession  tax,  see  infra. 

As  affecting  commerce,  see   COMMERCE. 

As  of  what  date  liability  of  property  to 
taxation  is  to  be  determined.  1915C, 
125. 

Who  must  pay  tax  on  public  utility  con- 
demned by  municipality  during  tax 
year  but  after  assessment  day.  1916F, 
592. 

Minerals;  oil  lease.  1916D,  304;  1916F, 
141;  1917F,  989. 

—  corporations  and  stock. 

Annotation. 

"Lease  of  its  property  as  affecting  lia- 
bility of  foreign  corporation  t<t 
franchise  tax  or  tax  upoti  privilege 
of  doing  business  within  the  state. 
1917D,  JO7... 


Foreign  corporations ;  effect  of  lease  of  prop- 
erty to  other  company.  191 7D,  1070. 

What  constitutes  doing  business  in  state 
which  will  justify  imposition  of  privi- 
lege tax  on  foreign  corporation. 
1916C,  572. 

Exemptions. 

—  in  general. 

Annotations. 

Constitutional  limitation  of  the  pou-er 
to  exempt  property  from  taxation  as 
affecting  public  obligatioiu  or  prop- 
erty. 1917B,  3O8. 

Modification  of  food  products  as  manu- 
facturing, u-ithin  tax  exemption 
provisions.  19 17 A,  53. 

Taxation  of  Federal  agencies  and  instrumen- 
talities by  state  or  territorial  govern- 
ments, see  supra. 

Effect  of  rule  requiring  equality  and  uni- 
formity. 191 6D,  272. 

Imposing  gross  production  tax  in  lieu  of 
any  other  tax  as  violation  of  prohibi- 
tion against  exemption.  1916F,  141. 

Provision  in  lease  of  town  land  that  hv— -i>r 
will  pay  the  taxes.  1915C,  • 

Effect  of  exemption  of  cemetery  from  taxa- 
tion to  fix  its  character  as  a  public  one. 
1917B,  946. 

Exemption  from  taxation  as  a  contra jt. 
1917B,  294. 

Power  to  exempt  from  taxation  as  an  c--i'ii- 
tial  attribute  of  sovereignty.  l!H71!, 
294. 

Power  of  municipality  to  exempt.  1917 B, 
908. 

Validity  of  statute  exempting  state  public 
building  bonds.  1917B,  294. 

Constitutionality  of  exemption  of  mortgages 
from  taxation.  1917A,  495. 

Exemption  of  farm  loan  mortgages  from 
payment  of  recording  fee.  1917A.  4'.'". 

—  corporations  and  their  property. 

Educational,  charitable,  or  religious  corpor- 
ations, see  infra. 

Power  of  legislature  to  contract  with  cor- 
poration for  its  immunity  fro..i  taxa- 
tion. 1917B,  294. 

Manufacturing  corporations.  IfllGD,  108; 
1917A,  48. 

Effect  of  granting  tax  exemption  to  manu- 
facturers of  certain  articles  on  right  to 
forbid  manufacture  of  such  articles. 
1916F,  177. 

—  property     devoted     to     educational, 

charitable,  or  religious  purposes. 

Annotations. 

Requiring  payment  from  inmates  as  af- 
fecting right  of  charitable  institu- 
tion to  exemption  from  taxation. 
1917B,  782. 

Exemption  of  property  itxcd  for  private 
school.  1917E,  1O97. 


TAXES. 


403 


.Admissibility  of  evidence  to  show  charitable 
nature  of  corporations.  1917F,  741. 

Construction  of  constitutional  provision  as 
to.  1917B,  710. 

Original  jurisdiction  of  appellate  court  to 
determine  validity  of  statute  as  to. 
1917B,  710. 

Presumption  as  to  regularity  of  exemption 
statute.  1917B,  710. 

Self-executing  provisions  of  Constitution  as 
to.  1917B,  710. 

Property  of  Y.  M.  C.  A.     1916D,  272. 

Property  owned  by  posts,  lodges,  chapters, 
councils,  commanderies,  consistories, 
and  like  associations  not  organized  for 
profit.  1917B,  710. 

Property  of  freemasons.     1917B,  710. 

Effect  of  fact  that  charge  is  made  for  serv- 
ice rendered  by  hospital  to  help  defray 
expenses.  1917B,  779;  1917F,  741. 

Exenrption  of  building  used  as  meeting 
place  for  lodge  members  and  their 
guests,  surplus  funds  of  which  are  de- 
voted to  charity.  1915C,  694. 

Renting  of  property  of  public  charity  for 
commercial  and  residential  purposes 
and  devoting  income  to  the  purpose  of 
the  charity.  1916D,  1170. 

Fact  that  school  is  maintained  for  profit. 
1917E,  1085. 

—  public  property. 

Annotation. 

Constitutional  limitation  of  tlie  power 
to  exempt  property  from  taxation  as 
affecting  public  property.  1917B, 
SOS. 

Effect  of  subsequent  sale  to  municipality 
of  property  subject  to  taxation  at  time 
when  returnable  for  assessment.  1915C, 
125;  1916F,  592. 

Taxation  by  town  of  mains  and  hydrants 
within  its  limits  belonging  to  another 
municipality  supplying  the  town  at  a 
profit,  with  water  from  its  plant. 
1915D,  1103. 

Taxation  of  property  owned  by  municipali- 
ty from  which  a  revenue,  less  than  the 
cost  of  maintenance  and  interest  on  in- 
vestments, is  derived.  1915A,  1118. 

Where  taxable;  situs. 

Annotations. 

Itomicil  or  residence  for  taxation  as  af- 
fected by  purpose  to  obtain  school 
facilities.  1917  A,  29O. 

Designation  of  liotnc  office  #»/  corpora- 
tion as  fixing  situs  for  purposes  of 
taxation.  1917 A,  469. 

Situs  of  mill  site  or  water  power  for 
2>urposes  of  taxation.  1917F,  591. 

Change  of  domicil  for  purpose  of  taxation. 
1917A,  285. 

Effect  of  designation  of  certain  citv  as  home 
office.  1917A,  460. 

State  taxation  of  amounts  due  foreign  in- 
surance company  by  state  policy  holders 
for  premiums.  1915C,  903. 


Property  of  nonresident.     1917B,  1282. 
Money  sent  by  nonresident  into  state  to  pay 

debts    or    meet    expenses    of    business. 

1915C,  929. 
Credits;      securities.       1915C,     922,     949; 

191 7B,  1282. 
Of  water  power.     1917F,  585. 

Levy  and   apportionment. 

Injunction  against  enforcing  levy,  see  IN- 
JUNCTION. 

Right  to  question  validity  of  tax  levy   in 

proceeding  to  add  omitted  property  to 

the  list.    19]  5C,  929. 
Requirement    that    act    levying    tax    shall 

specify  distinctly  purpose  for  which  the 

tax  is  levied.    1916F,  141. 

Assessment. 

—  in  general. 

Assessment  of  transfer  tax,  see  infra. 
Tax  list  as  evidence,  see  EVIDENCE. 

Presumption    and    burden    of   proof    as    to. 

1915C,  929;    193 6E,  404. 
Increasing   assessment   against   nonresident 

taxpayer  without  notice.     1915B,  569. 
Effect   of   failure    of   owner   of   real   estate 

to   make  return   for  taxation.     1915F, 

648. 
Omission  of  property.     1915C,  929;   1916C, 

522;  1916E,  404. 

Description  of  property.     1915D,  432. 
Franchise  tax;  rate  of.     1917A,  48. 

—  valuation. 

Presumption  as  to  proper  performance  of 
dutv  by  board  of  equalization.  1916E, 
404' 

Presumption  as  to  method  of  valuation. 
19]  6E,  404. 

Constitutional  requirement  that  property 
shall  be  assessed  at  its  fair  cash  value 
estimated  at  price  it  would  bring  at  a 
voluntary  sale.  1915C,  929;  1916E, 
602;  1916F,  141. 

Lowering  valuation  for  taxation  in  one 
township  of  mill  site  because  site  is 
flooded  by  a  dam  located  in  another 
township.*  1917F,  585. 

Right  to  sell  liquor  on  property  as  element 
to  be  considered  in  fixing  value  for  pur- 
pose of  taxation.  1916E,  1101. 

Tangible  property  of  railroad.  1916B,  1225; 
1916E,  404. 

Special  franchise;  what  constitutes.  1916B, 
1222. 

Capital  stock.     1915C,  380. 

National  bank  shares;  deduction  on  account 
of  bank's  ownership  of  state  bonds. 
1917B,  294. 

Property  of  express  company.     1916C,  522. 

— review;  correction  of  assessments; 
equalization;  appeal. 

Effect  of  failure  to  comply  with  tax  statute 
because  of  mistake  as  to  residence  to 
deprive  one  of  right  to  abatement  of 
assessment.  191 7D,  785. 

Conferring  judicial  power  on  board  of  equal- 
ization. 1915B,  875. 


404 


TAXES. 


Notice  of  meetings  of  board  of  equalization. 

1916E,  1. 
Appeal  from  decision  of  tax  board.     1915B, 

875;  1915C,  386. 
Opportunity  to  protest  against  assessment 

to  board  of  equalization  as  satisfying 

requirement    of    due    process    of    law. 

1916E,  1. 

Tax  officers. 

Board  of  equalization,  see  supra. 

Delegation  of  power  to  tax  commissioners. 

191 5B,  569. 
Appointment    or    election    of    tax    officers. 

1915B,  569. 

Action  for  collection. 

Collection  of  transfer  tax,  see  infra. 

Injunction  against  enforcement  of  tax,  see 
INJUNCTION. 

Bar  of  statute  of  limitations,  see  LIM- 
ITATION OF  ACTIONS. 

Injunction    against    distraint    of    personal 

property  for.     1916A,  965. 
Mandamus  to  compel  collection  of.     1915A, 

639.. 

Sale;  deed;  rights  of  purchasers. 

Annotations. 

Validity  and  effect  of  purchase  of  tax 

title  by  mortgagee.     1917D,  522. 
Purchase  of  homestead  by  widow  under 

foreclosure    of    tax    lien.      1917 F, 

433. 

Effect  of  tax  sale  to  cut  off  easements  of 
adjoining  property  owners.  1915D, 
1115. 

Sale  of  insured  property  for  taxes  as  a 
change  of  title  which  will  defeat  the 
policy.  1917E,  328. 

What  constitutes  attempt  to  pay  taxes 
which  will  render  sale  for  nonpayment 
void.  1915C,  158. 

Secondary  evidence  of  order  for  publication 
of  notice.  1915C,  690. 

Conclusiveness  of  recital  of  notice  in  judg- 
ment. 1915C,  158. 

Right  of  person  holding  mortgage  on  proper- 
ty to  acquire  tax  title.  1917D,  520. 

Purchase  by  remainderman.     1915E,   343. 

Effect  of  tax  certificate  to  carry  mineral  in- 
terest owned  separately  from  mineral 
surface.  1916D,  304. 

Effect  of  deed  to  vest  fee  simple  title, 
1917D,  520. 

Duty  of  purchaser  to  comply  with  bid  wher« 
property  is  subject  to  easements. 
1915D,  1115. 

Setting  aside  tax  deed;  conditions.  1915C, 
492. 

Laches  as  bar  to  recover  property  from  one 
claiming  tax  title.  1916A,  '999. 

Who  must  pay;  corporation  taxes. 

Provision  as  to,  in  mortgage.     1915D,  432. 
Liability  of  mortgagee.     1917D,  520. 
Duty  of  lessee  to  pay.     1915A,  334;   1916F, 
204. 


Receiver's  duty  to  pay.     1915E,  211. 
Liability  of  cotenant.     1915B,  961. 
Liability  of  life  tenant.     1915E,  343. 

Payment;  tender;  remedies  as  between 

individuals. 
Subrogation  of  person  paying,  see  SUBBOGA- 

TION. 

Payment  of  taxes  on  improvements  as  pay- 
ment of  tax  on  the  land.    1915F,  648. 
What  will  excuse  nonpayment.   1917D,  1070. 

Lien. 

Subrogation  to,  see  SUBBOGATIOX. 

Parol  evidence  that  lien  for  taxes  was  not 
intended  to  be  within  operation  of  cove- 
nant of  warranty.  1916E,  211. 

Who  may  question  validity  of  statute  as  to 
lien.  1915D,  886. 

Priority  between  chattel  mortgage  and  tax 
lien.  1915D,  886. 

Succession  or  transfer  tax. 

—  in  general. 

Annotation. 

Effect  of  discharging  executor  or  ad- 
ministrator before  inheritance  tax 
is  paid.  1917E,  1162. 

Effect  of  inaction  or  delay  by  public  officers 
on  right  of  state  to  recover  inheritance 
tax.  1917E,  1160. 

Statute  requiring  officers  to  commence  pro- 
ceedings to  collect  inheritance  tax  with- 
in certain  time,  as  a  statute  of  limita- 
tions. 1917E,  1160. 

Strict  construction  of  statute  imposing. 
1917F,  436. 

Retroactive  effect  of  statute  as  to.  1917C, 
961. 

Plurality  of  subjects  in  statute.  1916A, 
901. 

Constitutionality  of  statute.  1916A,  901; 
1916C,  551;  1917E,  909,  1143. 

Effect  of  repeal  of  inheritance  tax  law. 
1917E,  1160. 

Inheritance  tax  as  one  imposed  upon  the 
decedent's  estate  and  not  on  the  in- 
terest of  the  heirs.  1917F,  821. 

Who  must  pay  inheritance  tax  under  terms 
of  contract  selling  heirs'  interest. 
1917F,  821. 

Personal  liability  of  executor  for.  1915C, 
615. 

Validity  of  discharge  of  executor  before  he 
has  paid  inheritance  tax.  1917E,  1160. 

Imposition  of  tax  in  both  the  state  of  de- 
cedent's domicil  and  that  where  hia 
personal  property  is  situated.  191 5D, 
450;  1916A,  837. 

Setting  aside  tax  on  ground  that  appraise- 
ment of  estate  was  inaccurate  and  there 
was  in  fact  no  transferable  property. 
1915C,  615. 

—  exemptions;  uniformity. 

Subjecting  alien  heirs  to  higher  inheritance 
tax  than  domestic  heirs.  1916A,  469 ; 
1916D,  1127. 


TAXES. 


405 


Effect  of  reciprocal  exemption  amendment 
to  Minnesota  law.  1916A,  901. 

—  persons,  property,  transfers,  and  in- 

terests subject  to  tax. 

Annotations. 

Inheritance  tax  on  proceeds  of  life  in- 
surance. 1917D,  636. 

Succession  or  inheritance  tax  on  in- 
terest of  pledgeor  or  pledgee. 
1917F,  278. 

Liability  to  pay  transfer  or  inheritance 
tax  in  respect  of  stock  in  a  domestic 
corporation  belonging  to  estate  of 
nonresident.  1917F,  27 O. 

Validity  of  statute  as  to.    1917E,  1143. 

Construing  act  as  applying  only  where  dev- 
olution of  property  is  governed  by  the 
laws  of  the  state.  1916A,  901. 

Effect  of  exemption  from  tax  of  bona  fide 
purchases  for  full  consideration.  1916C, 
551. 

On  interest  of  beneficiary  in  life  insurance 
policy.  1917D,  633. 

Tax  on  surviving  spouse's  interests  in  com- 
munity property.  1917  C,  602. 

Passing  of  entirety  estate  to  survivor. 
1916C,  677. 

Allowance  made  to  widow  for  support  of 
herself  and  family.  1917 F,  436. 

Interest  passing  to  widow  under  statute. 
1916C,  670. 

On  personal  property  to  which  widow  is 
entitled  by  law.  1917F,  436. 

On  dower  interest  of  widow  who  renounces 
will.  1917F,  436. 

Passing  of  property  held  in  joint  tenancy. 
1916C,  679. 

Property  passing  under  power  of  appoint- 
ment. 1917C,  975. 

Legacy  in  fulfilment  of  contract  to  will 
property.  1916C,  551;  1917D,  800. 

Right  to  impose  inheritance  tax  on  convey- 
ance by  deed  placed  in  escrow  by  stat- 
ute passed  after  delivery  of  deed  to  cus- 
todian. 1917C,  961. 

Property  out  of  state.  1915C,  95;  1915D, 
450;  191 6A,  837,  889;  1916E,  1288; 
1917F,  267. 

Nonresident  decedent.  1915C,  95;.  1916A, 
889,  901;  1916E,  1288;  1917D,  281; 
1917F,  267,  273. 

Foreign  heirs.     1916E,  1288. 

—  assessment  and  collection. 

Allowance  by  courts  of  testator's  domicil 
of  inheritance  tax  after  decree  of  other 
state  discharging  administrator. 
1915D,  450. 

Requiring  executor  to  pay  tax  only  on  funds 
sent  to  him  by  courts  of  sister  state 
for  distribution,  and  not  upon  those 
distributed  by  local  administrator. 
1915D,  450. 

Effect  of  compromise  of  will  contest  by 
widow  on  assessment  of  inheritance 
tax  on  her  interest  under  the  will  and 
an  antenuptial  agreement.  1915D,  450. 


Income   tax. 

—  in  general. 

Annotations. 

Income  tax  on  sales  of  property. 
1917E,  566. 

Determining  income  from  timber  lands. 
1917E,  573. 

Income  tax  on  dividends  declared  after 
but  paid  from  earnings  accrued  be- 
fore act  went  into  effect.  1917F, 
814. 

Provision  of  contract  for  payment  trit/i- 
out  deduction  for  taxes  as  applica- 
ble to  income  tax.  1917F,  2O5. 

Appointment  or  election  of  assessor  of  in- 
comes. 1915B,  569. 

Right  of  corporation  to  deduct  Federal  in- 
come tax  from  bonds  containing  pro- 
vision against  deduction  of  any  tax 
which  the  corporation  may  be  required 
to  pay.  1917F,  203. 

Injunction  by  stockholders  to  restrain  cor- 
poration from  paying  income  tax  al- 
leged to  be  invalid.  1917D,  414. 

Power  to  impose  income  tax  on  profit  of 
sale  of  property  held  when  the  act  was 
passed.  1917E,  563. 

Denial  of  due  process  of  law  or  equal  protec- 
tion of  the  laws  by  Federal  income  tax. 
1917D,  414. 

Illegal  delegation  of  power  by  Federal  In- 
come Tax  Law.  1917D,  414. 

Retroactive  effect  of  Federal  Income  Tax 
Law.  1917D,  414. 

Purpose  of  Federal  Income  Tax  Law  to  ex- 
clude source  of  income  as  criterion  of 
applicability  of  constitutional  require- 
-  ment  as  to  apportionment  of  direct 
taxes.  1917D,  414. 

Validity  of  method  of  collection  at  the 
source.  1917D,  414. 

Ascertaining  taxable  income  of  corporation 
from  manufacture  of  lumber  from  tim- 
ber cut  from  its  land.  1917E,  568. 

Taxing  as  income  stock  and  cash  dividends 
declared  and  paid  after  income  tax  law 
goes  into  effect  out  of  profits  earned 
before  that  time.  1917F,  806. 

Taxing  as  income  gains  derived  by  stock- 
holder from  sale  of  right  to  subscribe 
for  new  issue  of  stock.  J937F,  806. 

Income  tax  on  profits  of  sales.     1917F,  806. 

Considering  rental  value  of  residence  oc- 
cupied by  the  owner  in  determining  the 
amount  of  his  income.  1915B,  569. 

Adding  together  incomes  of  husband  and 
wife,  and  their  children  under  eighteen 
years  of  age,  in  determining  taxable  in- 
come of  husband.  1915B,  569. 

Including  in  tax  all  incomes  from  the  be- 
ginning of  the  year  in  which  tax  law 
is  passed,  and  from  sale  of  real  estate 
purchased  within  three  years  previous- 
ly. 1915B,  569. 

Failure  of  tax  law  specifically  to  exempt 
national  banks  or  to  name  officers  whose 
salaries  shall  be  exempt.  1915B,  569. 

—  equality;   uniformity. 

Equal  protection  and  privileges  as  to. 
1915B,  569. 


406 


TAXES— TELEGRAPHS. 


Classification  for  purpose  of  tax;  discrim- 
ination. 1917D,  414. 

Taxing  incomes  of  individuals  and  corpora- 
tions at  different  rates.  1915B,  569. 

Allowing  deduction  of  taxes  paid  within  the 
year  upon  personal  property.  1915B, 
569. 

Exemption  of  life  insurance  to  amount  of 
$10,000  in  favor  of  persons  legally  de- 
pendent on  insured.  1915B,  569. 

Allowing  exemptions  in  taxation  of  incomes 
of  individuals  while  denying  them  in 
case  of  partnerships.  1915B,  569. 

Taxing  income  from  purchase  and  sale  of 
corporate  stock  at  different  rate  from 
income  derived  from  dividends  on  such 
stock.  1917F,  806. 

Progressive  rate  feature  of  Federal  income 
tax.  191 7D,  414. 


TAXICABS. 

As  to  jitneys,  see  JITNET  BUSSES. 
In  general,  see  HACKS  AND  TAXICABS. 


TAX  LIST. 

As  evidence,  see  EVIDENCE. 

Failure  of  owner  of  property  to  make  re- 
turn for  taxation.     1915F,   648. 


TAXPAYER. 

Eight  of  taxpayer  to  maintain  action. 
1915C,  624;  1915D,  178,  485;  1916A, 
908;  1916C,  395;  1917A,  495. 


TEACHERS. 


See  SCHOOLS. 


TELEGRAPHS. 

In  general. 

Messages.  , 

—  in  general. 

—  mistake  in  telegram. 

—  forged  or  fraudulent  message. 

—  delay  in  delivery. 

• —  disclosure  of  contents. 

—  sufficiency  of  notice  of  contents. 

—  stipulations  and  conditions. 


In  general. 

As   to   use   and   dangers    of   electricity,   see 
ELECTRICITY. 


Annotations. 

Right  to  transfer  or  mortgage  privilege 

to  use  streets  for.     1917D,  7O7. 
Duty   to    change    location   of   poles    in 

street  or  highway.     1917D,  663. 

Damages  for  construction  of  telegraph  line 
over  railroad  right  of  way.  1916E,  572. 

Duty  of  telegraph  company  to  take  out 
license  for  messenger  business.  1915B, 
260. 

Liability  of  telegraph  company  for  injury 
to  pedestrian  by  its  messenger  who, 
having  snatched  a  paper  from  a  news- 
boy, in  attempting  to  escape  runs  heed- 
lessly against  the  person  injured. 
1917F,  489. 

Messages. 

—  in  general. 

Annotation. 

Contract  for  telegrams  not  written  on 
company's  blank.  1917F,  848. 

Acceptance  of  draft  by  telegram.  1916B, 
1021. 

Acceptance  by  telegram  of  offer.  1916A, 
1297. 

Sufficiency  of  proof  of  authenticity  of  tele- 
gram. 1915A,  862. 

Telegram  as  writing  to  satisfy  statute  ot 
frauds.  1915A,  1297. 

Presumption  that  no  discriminatory  service 
is  intended  where  telegraph  message  is 
received  for  transmission  by  telephone. 
1917F,  844. 

Presumption  and  burden  of  proof  as  to  neg- 
ligence. 1915A,  120. 

Loss  of  profits  as  element  of  damages  for 
failure  to  deliver  business  message. 
1916E,  484. 

—  mistake  in  telegram. 

Transmitting  acceptance  of  an  offer  to  sell 
10,000  bushels  of  grain  as  one  for  an 
acceptance  of  6,000.  1917F,  844. 

Considering  telegraphic  message  received  by 
telephone  as  if  it  were  written  on  the 
ordinary  blank  of  the  company  in  de- 
termining liability  for  error  in  trans- 
mission. 1917F,  844. 

—  forged   or  fraudulent  message. 

Duty  of  company  to  identify  person  send- 
ing message.  1915A,  120. 

Right  of  addressee  of  telegram  to  maintain 
action  for  delivery  of  forged  message. 
1915A,  120. 

Nonsuit  in  action  for  damages  for  sending 
forged  message.  1915A,  120. 

—  delay  in  delivery. 

Recovery  for  mental  anguish  because  of. 
1915B,  552. 

!  —  disclosure  of  contents. 

Liability  of  telegraph  company  disclosing 
contents  of  message  where  no  damage 
would  have  resulted  but  for  plaintiff's 
own  wrongful  acts.  1915C,  487. 


TELEGRAPHS— TEMPOK AR  V  IS  J  US  CTION. 


407 


—  sufficiency  of  notice   of  contents. 

Telegram  partly  in  code  but  bearing  enough 
English  to  show  that  it  is  a  business 
message.  1917F,  844. 

—  stipulations  and  conditions. 

Right  of  intrastate  company  to  limit  lia- 
bility. 1917F,  844. 

Reasonableness  of  limitation  of  liability. 
1917F,  844. 

Unrepeated  messages.     1915B,  685. 

*-•-* 


TELEPHONES. 

In  general. 

Defective  service. 

Rates;  enforcing  payment. 


In  general. 

As  to  use  and  dangers  of  electricity,  see 
ELECTRICITY. 

Annotations. 

RigJtt  to  transfer  or  mortgage  privilege 

to  use  streets  for.     1917D,  707. 
Right  to  interfere  with  telephone  unres 

in    moving    building    along    street. 

1917C,  774. 
Duty    to    change    location    of   poles    in 

street  or  highway.     1917D,   663. 
Requiring    connection    or   joint   use    of 

properties  of,  as  a  taking  for  which 

compensation       must       be       made. 

1917E,  1083. 
Liability  for  damage  to  service  mains 

by    excavating    in    street.      1917E, 

1O94. 
Telegrams  given  by  telephone.     1917F, 

849. 

Criminal  liability  of  local  agent  of  tele- 
phone company  for  conducting  business 
without  license.  1915 A,  106. 

Right  of  telephone  company  to  challenge 
powers  of  rival.  191 6B,  1083. 

Transfer  of  franchise  to  use  streets.  1917D, 
704;  1917F,  1178. 

Forfeiture  of  franchise  to  operate  auto- 
matic system  by  installation  of  a  dif- 
ferent system.  *  1917F,  1178. 

Telephone  poles  in  highway;  who  must  bear 
expense  of  resetting  when  necessary. 
1917D,  660. 

Mandamus  to  compel  removal  of  telephone 
wires  and  poles  from  highway.  1917D, 
660. 

Right  of  abutting  owners  to  compel  re- 
moval of  poles  from  vacated  street. 
1915E,  138. 

Pendency  of  action  by  telephone  company 
to  restrain  governmental  agency  from 
destroying  its  poles  and  wires  as  bar 
to  action  by  such  agency  for  mandamus 
to  compel  the  removal  of  the  telephone 
line.  1917D,  660. 

Duty  of  telephone  company  to  remove  wires 
from  street  to  permit  passage  of  house. 
1916C,  1249. 


Injury  to  person  removing  telephone  wire 
to  permit  passage  of  house  along  street. 
-1916C,  1249. 

Service  of  summons  by  telephone.  1915D. 
427. 

Receipt  by  telephone  of  telegraphic  message. 
1917F,  844. 

Requiring  telephone  company  to  permit 
rival  to  connect  with  its  long  distance 
.  lines.  1916E,  748;  1917E,  1080. 

Imposition  of  penalty  because  of  enforce- 
ment in  good  faith  of  regulations  not 
prohibited  by  statute.  1916A,  1208. 

Defective    service. 

Damages  for  refusal  of  or  failure  to  furnish 

service.       1915C,     450;     1915E,     455; 

1916D,  186. 
Pleading  in  action   for  refusal  of  service. 

1915E,  455. 
Burden  of  proving  that  failure  to  furnish 

service    was "  not    due    to     negligence. 

1915C,  450. 
Proof  of  declarations  of  agent  of  company 

after  failure  of  service.     1915C,  450. 
Evidence   as   to   condition   of   telephone   at 

other  times  on  question  of  negligence 

in   failing  to  furnish  service.     1915C, 

450. 
Question   for   jury   as   to   injury   resulting 

from  failure  of  service.    1915C,  450. 

Rates;   enforcing  payment. 

Rule  requiring  subscriber  to  pay  for  all 
long  distance  messages  originating  from 
his  telephone.  1915E,  ,323. 

Opinion  evidence  as  to  waiver  of  prepay- 
ment of  tolls  for  telegraph  service. 
1915C,  450. 

Refusal  to  furnish  service  to  patron  in  ar- 
rears for  past  service  or  allow  him 
usual  discount  for  advance  payment. 
1916A,  1208. 

Injunction  against  enforcement  of  rates 
established  by  commission.  1915C,  287. 

Power  of  Public  Service  Commission  to  pre- 
scribe extra  charge  against  subscriber 
to  one  exchange  for  use  of  long  distance 
connections  of  the  other.  1916E,  748. 

Power  of  legislature  to  require  company  to 
raise  its  service  rates  from  those  fixed 
in  municipal  franchise.  1915C,  287. 

Impairment  of  contract  obligations  by  reg- 
ulating rates.  1917C,  98. 


TEMPERATURE. 

Municipal  regulations  as  to  temperature  of 
street  cars.     1915F,  792. 


TEMPORARY  ALIMONY. 

See  DIVORCE  AND  SEPARATION. 


TEMPORARY  INJUNCTION. 

See  INJUNCTION  . 


408 


TENANCY  IN  COMMON— THEATERS. 


TENANCY  IN  COMMON. 

See  COTENANCY. 


TENANTS. 

See  LANDLOBD  AND  TENANT. 

4  «  » 


TENDER. 

Duty  of  judgment  creditors  of  insolvent 
debtor  to  tender  the  amount  due,  to 
secure  elimination  of  usury  from  a 
prior  indebtedness  secured  by  trust 
deed.  1915C,  634. 

As  condition  precedent  to  replevin.  1917A, 
696. 

Tender  of  amount  due  on  exercise  by  lessee 
of  option  to  purchase.  1916F,  352. 

Duty  to  pay  money  tendered  into  court. 
"1916B,  856. 

Sufficiency  of  tender  to  relieve  from  pay- 
ment of  attorney's  fees.  1916A,  568. 

Effect  of  tender  of  amount  due  on  right  to 
discontinue  service  for  delay  in  paying 
bills.  1917C,  374. 


TENEMENT  HOUSE. 

Statute  requiring  fire  escapes  and  fireproof 

stairways.     1917C,  1146. 
Forbidding  location  near,  of  garage  storing 

inflammable  substances.    1915D,  603. 


TEN-HOUR  LAW. 

See  MASTEB  AND  SERVANT. 


TERM. 

Of  court,  see  COUBTS. 

Of  tenant's  lease,  see  LANDLOBD  Ain)  TEN- 
ANT. 
Of  office,  see  OFFICEBS. 


TERMINATION. 

Of  liability  of  carrier,  see  CABBIEBS. 

Of  contract  generally,  see  CONTBACTS. 

Of  insurance  contract,  see  INSURANCE. 

Of  lease,  see  LANDLORD  AND  TENANT. 

Of    malicious    prosecution,    see    MALICIOUS 

PROSECUTION. 
Of  trusts,  see  TBUSTS. 

Of  mining  lease.     1915B,  561. 


TERRACE. 

Annotation. 

Mechanics'  lien  for  terracing.     1917D, 
353. 


TERRITORIAL  LIMITATIONS. 

As  to  jurisdiction,  see  COUBTS. 
Of  trademarks.     1916D,  136. 


TERRITORIES. 

Is  action  on  judgment  governed  by  Statute 
of  Limitations  in  force  at  time  judg- 
ment was  obtained  in  territorial  court 
or  by  statute  which  became  applicable 
•  on  admission  of  territory  to  Union. 
1917A,  187. 


TESTAMENTARY  CAPACITY. 

In  general,  see  Wnxs. 


TESTAMENTARY  CHARACTER. 

Of  instrument,  see  Wnxs. 

4  «  » 

TESTAMENTARY  TRUSTEE. 

Situs  for  taxation  of  personal  property  held 
by.     1915C,  949. 


TEST  OATH. 

As    prerequisite    or    qualification    to    vote. 
1917B,  723. 


TESTS. 

Duty  of  purchaser  of  cement  subject  to 
specific  tests  to  make  the  tests.  1915B, 
1131. 

Time  for  making  tests  of  article  sold  provid- 
ed for  by  contract.  1915B,  1131. 


THEATERS. 

Operation     of.    on    Sunday.     1915D,    573; 

1916B,  1124. 
Injunction    against    revocation    of    theater 

license.     1916C,  224. 
Right  to  exclude  critic  from  theater.   1916E, 

248. 


THEATERS— TIME. 


409 


Summoning  police  officer  to  quiet  patron 
who,  when  requested  to  be  quiet,  pro- 
voked a  disturbance.  1915B,  1119. 


THEFT. 

Of  property  of  guest  at  inn,  see  INNKEEP- 
ERS. 

Insurance  against  loss  by,  see  INSUBANCE. 
In  general,  see  LAECENY. 


THREATS. 

As  duress,  see  DURESS. 

Admissibility  of,  in  evidence, .  see  EVIDENCE. 
Admissibility  of  evidence  obtained  by,  see 
EVIDENCE. 

Of  boycott  by  labor  union.    1917E,  383. 

As  duress.  1915B,  1;  1915D,  1118,  1122; 
1917F,  579. 

Threat  of  prosecution  as  extortion.  1915B, 
1140. 

Threats  inducing  marriage  as  ground  for 
divorce.  1916E,  648. 

Right  of  action  for  injury  to  business  by 
threats  of  suit  for  infringement. 
1915B,  1179. 

Recovery  of  money  payment  of  which  is  in- 
duced by  threats.  1916B,  667. 

Question  for  jury  whether  threats  by  corpo- 
rate officers  or  agents  were  within  scope 
of  authority.  1915B,  1179. 


THRESHING. 

Right  of  one  employed  as  cook  during 
threshing  of  grain  to  lien  as  a  "farm 
laborer."  1917D,  377. 

Use  of  gasolene1  engine  in  insured  barn  dur- 
ing threshing  of  grain.  19] 5D,  187. 

Measure  of  damages  for  breach  of  threshing 
contract.  1916E,  788. 

Recovery  for  part  performance  of  thresh- 
ing contract.  1916E,  788. 

Set-off  in  action  to  "recover  for  part  per- 
formance of  threshing  contract.  1916E, 
788. 


THUNDER   STORMS. 

Injury  by  shock  from  an  electric  wire  dur- 
ing thunder  storm.     1915C,  570. 


TICKET   AGENT. 

Powers  of.     1916E,  1134. 


TICKETS. 

Railroad  tickets,  see  CAKRIERS. 


TIMBER. 

Annotations. 

Injunction     against     trespass    to     cut. 

1917C,  236. 
Determining  income  from  timber  lands 

for  purposes  of  income  tax.  1917E, 

573. 

Duty  of  employer  to  furnish  employee  in 
wood  working  plant  timber  free  from 
knots.  1916F,  866. 

Excuse  for  failure  to  perform  contract  to 
manufacture  lumber  from  logs.  1916F, 
3. 

Damages  for  breach  of  contract  to  manufac- 
ture logs  into  lumber.  1916F,  3. 

Ascertaining  taxable  income  of  corporation 
from  manufacture  of  lumber  from  tim- 
ber cut  from  its  land.  1917E,  568. 

Development  of  timber  tract  as  public  pur- 
pose for  which  eminent  domain  may  be 
exercised.  1916B,  1089;  1917A,  94. 

Injunction  against  cutting  or  removing  of. 
1917C,  232. 

Trust  for  benefit  of  true  owner  in  proceeds 
of  timber  sold  from  land  by  adverse 
claimant.  1916E,  718. 

Husband's  right  of  action  for  cutting  of 
timber  on  wife's  property.  1915D,  996. 

Right  of  tenant  for  life  to  sell  timber  from 
property.  1915B,  219. 

Cutting  of,  as  proof  of  adverse  possession 
of  land.  L.R.A.1916D,  3. 

Reservation  of,  in  deed.    1915E,  307. 

Forfeiture  by  nonremoval.     1915A,  571. 


TIME. 

For  appeal,  see  APPEAL  AND  ERROR. 

For  taking  exceptions,  see  APPEAL  AND  EB- 
ROR. 

Of  delivery  by  carrier,  see  CABBIERS. 

Of  giving  notice  of  injury  to  property  trans- 
ported, see  CARRIERS. 

As  essence  of  contract,  see  CONTRACTS. 

Contractual  limitation  of  time  for  actions 
on  policies  of  insurance,  see  INSUB- 
ANCE. 

For  relief  against  judgment,  see  JUDGMENT. 

For  filing  of  amendment  to  pleading,  see 
PLEADING. 

Of  taking  effect  of  statute,  see  STATUTES. 
I 

Annotations. 

Date  from  \vhich  the  period  to  which 
a  defense  is  limited  in  life  insur- 
ance policy  is  to  be  computed. 
1917B,  1O5. 

Time  within  which  demand  for  arbitra- 
tion, appraisal,  inspection  or  rein- 
spection  must  be  made  by  insur- 
ance company.  1917A,  1OS6. 

Time  of  payment  of  obligation  purport- 
ing to  be  payable  on  specified  event, 
the  happening  of  which  is  wholly 
or  partially  within  the  control  -of 
the  promisor.  1917B,  1O5O. 

For  notice  required  by  Workmen's 
Compensation  Acts.  1917D,  138. 


410 


TIME— TOILET  FACILITIES. 


Of  raising  defense  of  former  jeopardy. 
1917  A,  1233. 

Question  for  jury  as  to  reasonableness  of. 
1917A,  1078. 

Presumption  from  absence  as  to  time  of 
death.  1915B,  756;  1917 A,  183. 

Computation  of  time  in  determining  wheth- 
er Hours  of  Service  Act  has  been  vio- 
lated. 1915D,  408. 

Date  from  which  the  period  to  which  de- 
fense of  suicide  is  limited  in  insurance 
policy  is  to  be  computed.  1915F,  703, 
707. 

Date  from  which  period  after  which  insur- 
ance policy  is  incontestable  is  to  be 
computed.  1917B,  103. 

As  of  what  time  value  of  property  con- 
demned should  be  estimated.  1917A, 
402. 

Of  maturity  of  note.     1917B,  1048. 

To  present  claim  against  decedent's  estate. 
1915B,  797;  1915D,  754;  1917A,  443; 
1917E,  1100. 

To  move  for  new  trial.  1915D,  817;  1915E, 
618. 

Of  issuing  execution.     1915B,  797. 

For  amendment  of  execution.     1915 A,  706. 

For  granting  pardon.     1917B,  567. 

For  presenting  statement  of  facts  to  trial 
court.  1915A,  572. 

For  serving  case  made.     1917E,  359. 

Of  entering  judgment.     1917F,  1. 

For  modification  of  judgment.     1915A,  699. 

For  revival  of  judgment.     1916E,  735. 

For  filing  mechanic's  lien.     1915D,  204. 

For  filing  claim  for  damages  because  of 
exercise  of  right  of  eminent  domain. 
1916B,  1193. 

Of  determining  heirs  who  take  under  will. 
1916A,  718. 

For  redemption  from  foreclosure  sale. 
1917E,  633. 

To  demand  appraisement  and  inspection  of 
insured  goods  injured  by  fire.  1917A, 
1078. 

For  furnishing  notice  and  proofs  of  loss  by 
insured.  1915F,  1210. 

Of  vesting  of  estate  created  by  will.  1917C, 
527. 

For  removal  of  timber  bought.     1915A,  571. 

For  delivery  of  goods  sold.     1916E,  932. 

As  essence  of  option  contract.  1915B,  181; 
1916B,  1036. 

Variance  in  proof  as  to  time  of  injury. 
1915A,  781.  • 

Fractions  of  day.     1917B,  103. 


TIME  CLOCK. 

Recovery  Tinder  Workmen's  Compensation 
Act  for  injury  to  employee  by  colli- 
sion with  coemployee  in  running  to 
register  on  time  clock.  1916A,  22. 


TITLE. 

Liability  for  defective  abstracts  of,  see  An- 

SIKA.CTS. 


Sufficiency  of,  to  maintain  ejectment,  see 
EJECTMENT. 

Of  insured,  see  INSURANCE. 

Trying  question  of,  on  partition,  see  PAR- 
TITION. 

Record  of,  see  RECORDS  AND  RECORDING 
LAWS. 

To  personal  property,  passing  of,  see  SALE. 

Effect  of  doubt  as  to,  on  specific  perform- 
ance, see  SPECIFIC  PERFORMANCE. 

Of  statute,  see  STATUTES. 

Defects  in  title  to  property  sold,  see  VEN- 
DOR AND  PURCHASER. 

Annotation. 

Of  one  who  takes  money  from  a  thief 
or  embezzler.  19 17 A,  7O7. 

Jurisdiction  of  railroad  commission  to  de- 
termine question  of.  1915D,  1205. 

Right  of  judge  to  pass  on  sufficiency  of  title 
to  land  in  other  state  by  independent 
examination  of  abstract  without  plead- 
ing or  proof  as  to  law  of  such  state. 
1915E,  271. 

Effect  of  judgment  to  settle  controversy  as 
to.  1917A,  685. 

Admissibility  of  evidence  as  to  title  to  at- 
tached property.  1916F,  939. 

Weight  of  opinjon  evidence  as  to  sufficiency 
of.  1915E,  271. 

Defects  in,  on  judicial  sale.     1915E,  834. 

Title  of  abutting  owner  to  material  placed 
by  him  in  sidewalk  which  is  not  accept- 
ed by  municipality.  1915B,  187. 

Of  entryman  on  public  lands.  1915B,  681; 
1916F,  969. 

To  goods  seized  and  sold  by  military  forces 
in  foreign  country.  1917A,  276. 


TOBACCO. 

Annotation. 

As  a  family  exjtcnse  or  necessary  with- 
in statute  rcnflcrinfi  wife  or  Jtcr 
property  liable  therefor.  1917F, 
S63. 

Sale  of,  on  Sunday.     1917C,  377. 

Effect  of  permission  of  Federal  government 
to  inclose  coupons,  etc.,  in  packages  of 
tobacco  on  state  restrictions.  1917A, 
421. 

Injunction  against  sale  or  purchase  of. 
1917C,  777. 

Liability  of  manufacturer  for  injury  to  con- 
sumer by  defects  in.  1916A,  '940. 


TOILET  FACILITIES. 

Recovery  under  Workmen's  Compensation 
Act  for  injury  to  employees  seeking, 
outside  of  place  of  emplovment.  1916A, 
315 


TOLLGATE— TOWAGE. 


411 


TOLLGATE. 

See  TOLLS  AND  TOLL  ROADS. 


TOLLING. 

Of  Statute  of  Limitations,  see  LIMITATION 
OF  ACTIONS. 


TOLLS  AND  TOLL  ROADS. 

Annotations. 

Exclusiveness  of  franchise  of  toll  road 

or  turnpike.     1917D,  339. 
Right   to   taJce   toll   for  use   of  road   or 

bridge  l>y  automobile.    1917E,  562. 

Injunction  to  prevent  construction  of  road 
to  enable  persons  formerly  using  toll 
road  to  reach  free  highway.  1917D, 
333. 

Statute  making  guilty  of  misdemeanor  per- 
sons who,  with  intent  to  defraud  turn- 
pike company,  pass  along  grounds  near 
road  to  avoid  tollgate.  1917D,  333. 

Rate  of  toll;  effect  on,  of  taking  over  by 
municipality  of  part  of  road.  1917D, 
333. 

Right  of  toll  road  company  chartered  be- 
fore invention  of  automobiles  to  take 
toll  from  automobiles.  1917E,  559. 

Payment  of  toll  for  use  of  canal.  1917F, 
776. 


TOOLS. 

Exemption  of,  see  EXEMPTIONS. 
Master's  duty  as  to,  see  MASTER  AND  SER- 
VANT. 

Claim  for,  as  within  protection  of  contrac- 
tor's bond.     1917A,  336. 


TORPEDOES. 

Master's    liability    for    servant's    negligent 
use  of.     1915F,  945. 


TORRENS  ACT. 


See  RECORDS  AND  RECORDING  LAWS. 


TORTS. 

Abatement  of  action  for,  see  ABATEMENT 
AND  REVIVAL. 

Liability  for  injury  to  animals,  see  ANI- 
MALS. 

Right  of  action  for,  see  CASE. 


Conflict  of  laws  as  to,  see  CONFLICT  OF 
LAWS. 

Contribution  between  wrongdoers,  see  CON- 
TRIBUTION AND  INDEMNITY. 

Measure  of  damages  for,  generally,  see 
DAMAGES. 

Injunction  against  tortious  acts,  see  IN- 
JUNCTION. 

Joint  liability  for,  see  JOINT  CREDITORS  AND 
DEBTORS. 

Limitation  of  time  for  action  based  on,  see 
LIMITATION  OF  ACTIONS. 

Master's  liability  for,  see  MASTER  AND  SERV- 
ANT. 

Municipal  liability  for,  see  MUNICIPAL  COR- 
PORATIONS. 

Matters  as  to  negligence  generally,  see  NEG- 
LIGENCE. 

Of  agent,  see  PRINCIPAL  AND  AGENT. 

Pleading  as  to,  see  PLEADING.  • 

Annotation. 

Release  of  one  of  two  or  more  persons 
severally,  but  not  jointly,  liable  for 
a  tort  as  affecting  liability  of 
others.  1917 A,  273. 

Whether  action  is  one  on  contract  or  in 
tort.  1916F,  501. 

Choice  between  action  in  tort  or  on  con- 
tract. 1917B,  787. 

Judgment  for  damages  for,  as  contract 
within  provision  against  impairing 
contract  obligations.  1915B,  797. 

Right  to  recover  in  tort  action  where  plain- 
tiff's wrongful  acts  must  be  shown  to 
make  out  case.  ]915C,  487. 

Right  to  set  up  counterclaim  found  on  tort 
in  action  on  contract.  1916C,  491,  514. 

Variance  in  proof  as  to.  1915A,  781;  1915F, 
558,  866",  992,  1000. 

Of  married  women,  husband's  liability  for. 
3915A,  491,  500;  1915D,  847. 

Liability  of  corporation  for.  3916C,  1208; 
1916E,  771;  1917D,  559;  1917E,  516. 

Liability  of  corporate  officer  for.  1915C, 
874. 


TOTAL    DISABILITY. 

Of  insured.     1917B,  107;   1917C,  910. 
What  constitutes,  within  meaning  of  Work- 
men's Compensation  Act.     1916A,  374. 


TOTAL  LOSS. 

Of  vessel  or  cargo.    1916F,  1168. 
Of  insured  property.     1915E,  618. 


TOWAGE. 

Who  must  pay  cost  of  breaking  ice  neces- 
sary to  make  the  towage  possible,  under 
contract  to  pay  for  towage  service. 
1915B,  1086. 


412 


TOWELS— TRADEMARK. 


TOWELS. 

Claim  for,  as  within  protection  of  contract- 
or's bond.     1917A,  336. 


TOWN  LOT. 

Construction  of  contract  to  convey.    1917A. 
200. 


+ » » 


TOWNS. 

Municipal  corporations  generally,  see  MU- 
NICIPAL COBPORATIONS. 

Powers  and  rights. 

Annotations. 

Power  to  employ  attorney.  1917D, 
243. 

Power  to  employ  attorney  on  contingent 
fee,  1917D,  263. 

Bight  of  town  entitled  to  services  of 
offlcial  attorney  to  employ  other  at- 
torney in  civil  matters.  1917D, 
257. 

Validity  of  provision  in  lease  of  town  land 
that  lessor  will  pay  the  taxes  on  the 
property  or  permit  them  to  be  deducted 
from  the  rent.  1915C,  698. 

Manufacture  of  ice  by  town  as  public  pur- 
pose for  which  taxing  power  may  be 
exercised.  1915B,  859. 

Limitation  of  indebtedness.     1915D,  978. 

Officers. 

Delegation  of  power  to  selectmen.     1915E, 

264. 
Legal  effect  of  check  payable  to  order  of 

town  treasurer.     1915B,  735. 
Liability    of    town    officials    for    injury   to 

traveler  on  defective  highway.     1916B, 

1184. 


TOWN  SITES. 

Speculative  contract  between  realty  com- 
pany and  individuals  for  laying  out  of 
town  sites  at  points  where  stations  will 
be  located.  1915B,  925. 


TRACK. 

Master's  duty  to  servant  as  to  condition  of. 
1917D,  959;  1917F,  802. 


TRACTION  ENGINES. 

Forbidding   use   of,    on   highways.      1915D, 
327. 


TRADE. 

Validity  of  agreement  in  restraint  of,  see 
CONTRACTS;  MONOPOLY  AND  COMBINA- 
TIONS. 


TRADE  FIXTURES. 

See  FIXTURES. 


TRADE   INDUCEMENTS. 

See  COUPONS;  TBADING  STAMPS. 


TRADEMARK. 


In  general;  right  to. 

Infringement. 

Defenses. 


In  general;  right  to. 

Annotations. 

Effect  of  devise  or  bequest  of  shop, 
store,  or  business  to  pass  trade- 
marks. 1917D,  439. 

Protection  of  name  descriptive  of  the 
kind  or  character  of  business. 
1917C,  958. 

Territorial  limitations.    1916D,  136. 

Name  of  celebrity  as.    1917C,  1161. 

Effect  on  right  to  trademark  of  failure  to 
bring  device  within  provisions  of  Fed- 
eral Registration  Statute.  1917C,  1157. 

Trademark  in  effect  produced  by  using  a 
colored  strand  with  the  undyed  ones  in 
weaving  or  braiding  cordage.  1915F. 
1107. 

Word  "groceteria"  as  trademark  for  goods 
sold  at  self-serving  grocery  store. 
1917C,  955. 

The  word  "Rameses"  as  trademark  for  cig- 
arettes. 1917C,  1157. 

Infringement. 

Injunction  aga:*ist.     1916D,  136. 

Pendency  for  suit  for  infringement  of  trade- 
mark as  bar  to  temporary  injunction 
in  suit  for  unfair  competition.  1915F, 
1107. 

Term  "pacific  groceteria"  as  infringement 
of  trademark  "Groceteria."  1917C,  955. 

Infringement  of  trademark  "Rameses"  by 
use  of  word  "Radames."  191 7C,  list. 

Placing  upon  sign  intended  to  designate  the 
proprietor  of  a  business  of  a  symbol 
which  another  had  adopted  as  a  trade- 
mark to  designate  the  product  of  his 
manufacture.  1915B,  889. 


TRADEMARK— TRAVELERS'  CHECKS. 


413 


Defenses. 

Defense  that  owner  of  trademark  has  no 
established  place  of  business  in  a  city 
in  which  he  is  attempting  to  enjoin  use 
of  infringing  mark.  1917C,  955. 


TRADENAME. 

Protection  of,  by  injunction,   see  INJUNC- 
TION. 
See  also  TRADEMARK. 

Annotations. 

Protection  of  name  descriptive  of  the 

kind     or     character     of     business. 

1917C,  958. 
Name  of  celebrity  as.    1917C,  1161. 

Transfer  of  business  conducted  under,  with- 
out notice  to  public.  1915F,  711. 

Use  of  assumed  name  as.    1915D,  981. 

Validity  of  contracts  by  person  carrying  on 
business  under  assumed  name  without 
complying  with  statute.  1915D,  987. 


TRADE  TALK. 

What  constitutes.     1917C,  270,  1076. 


TRADE  UNION. 

See  LABOR  ORGANIZATIONS. 


TRAILING. 

Of  criminal  with  bloodhounds,  evidence  as 
to.     1916D,  1295;  1917E,  726. 


TRAMWAY. 

Contributory  negligence  of  person  injured 
on.    1915F,  1125. 


TRANSCRIPT. 

Admissibility  in  evidence  of  stenographer's 
transcript  of  testimony.    1915F,  771. 


TRANSFER. 

Of  corporate  franchise,  see  CORPORATIONS. 
Of  corporate  stock,  see  CORPORATIONS. 
Of  cause,  see  COURTS. 
Of  insurance  policy,  see  INSURANCE. 


TRADING  STAMPS. 

Annotation. 

Hegulation   and   prohibition   of  use   of 


TRANSFER  COMPANY. 

Annotation. 

Right  of  municipality  to  forbid  solici- 
tation of  patronage  at  railway  sta- 
tions. 191 7D,  69O. 

Illegal  combination  of.    1915C,  865. 

As  independent  contractor.  .  1915D,  476. 

As  common  carrier.     1916D,  1199. 

Authority  of  driver  of  moving  van  to  in- 
vite owner  of  goods  to  accompany  them 
on  van.  1917F,  422. 

Forbidding  solicitation  of  patronage  for 
transportation  of  persons  or  baggage. 
688. 


trading  stamps  and  similar  devices.  \  Effect  of  deviation  by,  on  liability.     1917A, 

-tftl^/Tf       x*OO  ,-Q 

Liability  for  loss  of  baggage.     1916D,  1199. 


191 


433. 


Creation  of  monopoly  by  contract  as  to 
trading  stamps.  1915D,  520. 

License  tax  on  uso  of.  1915B,  241  ;  1917A, 
421. 


TRAFFIC  OFFICER. 

Effect  of  signal  of,  to  automobilist,  on  lat- 
ter's  duty  to  exercise  care.    1917B,  133. 


TRAFFIC  REGULATIONS*)]- 

Effect  of  traffic  regulation  giving  automobile 
driver  right  of  way  at  street  intersec- 
tion. 1917D,  690. 


TRANSFER  TAX. 


See  TAXES. 


TRAVELERS'  CHECKS. 

Annotation. 

Who   must   bear   loss   of  payments   on 

forgery       of       travelers'       checks. 

1917F,  55S. 

Payment    of    traveler's    checks    on    forged 
signature.     1917F,  554. 


414 


TRAVELING  SALESMAN— TRESPASS  ON  THE  CASE. 


TRAVELING  SALESMAN. 

See  COMMERCIAL  TRAVELERS. 


TREASURER. 

Bond  of,  see  BONDS. 

Annotation. 

Effect  of  insertion  of  unauthorized  pro- 
visions in  bond  of.     1917B,  991. 

Of  corporation,  powers  of.     1915B,  720. 


TREATIES. 

Effect  of,  on  discrimination  against  aliens 
by  Inheritance  Tax  Law.  1916A,  469; 
1916D,  1127. 

Effect  of,  on  Anti-alien  Labor  Law.  1916D, 
550. 

Effect  of,  on  aliens'  right  to  inherit.  1915E, 
327. 

Effect  of,  to  supersede  statutory  provisions 
for  administration  of  decedent's  es- 
tate. 191 5D,  373. 

Application  to  real  estate  of  provision  in 
treaty  entitling  subjects  of  the  con- 
tracting parties  in  the  respective  states 
to  dispose  of  their  goods  and  effects 
and  giving  their  heirs  right  of  succes- 
sion. 1916A,  469. 


TREES. 

In  street,  rights  as  to,  see  HIGHWAYS. 
See  also  ORCHARDS;  TIMBER. 

Annotation. 

Mechanics'  liens  for  cultivation  and 
care  of.  1917D,  351. 

Statute  authorizing  destruction  without 
compensation  of  trees  affected  with  dis- 
ease. 1917C,  894. 

Rescission  for  breach  of  vendor's  agreement 
to  plant  and  care  for  fruit  trees. 
1916F,  430. 


TRESPASS. 

i 

Measure  of  damages  for,  see  DAMAGES. 
Injunction  against,  see  INJUNCTION. 
Trespass  de   bonis  asportatis  for  wrongful 

removal  of  improvements  by  tenant,  see 

TROVER. 
See  also  TRESPASSER. 

Annotations. 

When  docs  statute  begin  to  run  against 
action  based  upon  removal  of  min- 
erals from  real  estate.  1917C, 
116. 


Injunction  against  trespass  to  cut  tim- 
ber. 1917C,  236. 

Bond  to  vacate  injunction  against.  1915 A, 
853. 

Extortion  in  threatening  trespasser  with 
prosecution  unless  he  makes  compensa- 
tion for  injury  done.  1915B,  1140. 

Judgment  for  damages  for,  as  contract  with- 
in provision  against  impairing  contract 
obligations.  1915B,  797. 

Liability  of  municipality  for.     1916D,  107!>. 

When  limitations  begin  to  run  against  ac- 
tion fqr.  1917C,  113. 

For  diverting  water  from  stream  for  public- 
water  supply.  1916E,  981. 

For  personal  injuries  caused  by  accidental 
discharge  of  firearm.  191GD,  117'.). 

In  making  street  improvement.  1!)1.~>I). 
772. 

Amendment  of  declaration  as  a  departure 
from  original  cause  of  action.  1917F, 
1043. 

Right  of  one  who  purchases  land  after  the 
construction  of  a  railroad  embankment 
to  recover  for  subsequent  injury  to  the 
land  thereby.  1916E,  977. 


TRESPASSER. 

Injury  to  trespassing  children,  see  NEGLI- 
GENCE. / 

Injury  to,  on  railroad  track,  see  RAILROADS. 
Negligence  as  to,  generally,  see  NEGLIGENCE. 

Annotations. 

Liability  of  carrier  for  arrest  of  tres- 
passer on  train.  1917D,  227. 

Liability  of  railroad  company  for  acts 
of  Pullman  car  employees  ton-aril 
trespassers.  1917 A,  42O. 

Extortion  in  threatening  trespasser  with 
prosecution  unless  he  makes  compensa- 
tion for  injury  done.  1915B,  1140. 

Recovery  under  Workmen's  Compensation 
Act  for  injury  to  employee  by  shot 
fired  by  trespasser.  1916A,  304. 

Liability  of  master  for  tortious  act  of  serv- 
ant toward  trespasser.  191GE,  1134. 

Injurv  to,  by  electrical  wire.  1915A,  510; 
1915C,  151,  405;  1917B,  1291. 

Landlord's  liability  for  injury  to  tenant's 
property  resulting  from  acts  of  tres- 
passers in  other  portion  of  premises. 
1917B,  222,  238. 

Liability  of  carrier  for  arre>t  of,  l>v  em- 
ployees. 191 6E,  1134. 

Passenger  who,  having  left  car,  attempts 
to  re-enter  after  train  has  begun  to 
move  as  a  trespasser.  191GB,  S30. 

Liability  of  carrier  for  injurv  to.  1915A, 
14-2. 

EY'ctioti'of,  from  train.     1916E,  1134. 


TRESPASS    ON  THE    CASE. 


See  CASE 


TRIAL. 


415 


TRIAL. 

In  general. 

Conduct  and  disposal  generally. 

Election  between   counts. 

Reception  of  evidence. 

Statements  and  arguments  of  counsel. 

Objections   and   exceptions. 

Remarks  or  conduct  of  court. 

Submitting   case   or   question   to  jury, 

generally. 

Sufficiency  of  evidence  to  go  to  jury. 
Questions  of  law  and  fact. 

—  in  general;   cause   and  effect. 

—  reasonableness;    necessity;    dili- 

gence; probability. 

—  relation,  character,  or  condition 

of  persons  or  things. 

—  fraud;   good  faith;   intent;  pur- 

pose; malice;  belief;  notice; 
authority;  ratification;  con- 
sent. 

—  construction    of   instruments    or 

contracts. 

—  negligence;   assumption   of   risk. 

—  miscellaneous. 
Taking  case  from  jury. 

—  in    general. 

—  nonsuit. 

—  directing     verdict;     peremptory 

instructions. 

—  demurrer  to  evidence. 
Special  interrogatories. 
Instructions. 

—  in  general;  form;  time. 

—  requests  and  answers  generally. 

—  on    what    matters    necessary    or 

proper. 
On  evidence   and   facts. 

—  correctness  of  instruction. 
Findings  by  the  court. 
Verdict  or  findings  of  jury. 

—  in  general. 

—  retirement;   conduct   of  jury. 

—  sufficiency  and  correctness. 

—  amendment  or  correction. 


In  general. 

Right  to  trial  by  jury,  see  JUBY. 
As  to  new  trial,  see  NEW  TRIAL. 
Place  of,  see  VENUE. 
As  to  witnesses  on,  see  WITNESSES. 

Proceedings  in,  or  reports  of,  as  privileged 
communications.  191 5C,  086;  1915D, 
578;  1915E,  1051;  1916E,  779. 

Necessity  of  public  trial.     1916E,  472. 

Conduct  and  disposal  generally. 

Private  counsel  to  aid  prosecution.     1917C, 

455. 
Right  of  court  to  order  isue  of  partnership 

vel  non  to  be  tried  first  in  action   by 

partnership   on   contract.   1916A,   1211. 
Withdrawal   of  case   from  jury  because   of 

partiality  of  a  juror.     1916E,  1264. 
Discharge  of  juror  in  capital  case  without 

the    consent   of    the    prisoner.      1916E, 

1264. 


Reswearing  of  jury  after  discharge  of  one 
juror  thereof.  1916E,  1264. 

Prejudicial  error  in  admitting  jury  to  sepa- 
rate. ]916B,  963. 

Taking  exhibits  into  jury  room  as  reversible 
error.  1915C,  315. 

Election   between   counts. 

Prejudicial  error  in  refusing  to  compel  elec- 
tion between  counts.  1916D,  462. 

Binding  effect  on  subsequent  trial  of  elec- 
tion by  defendant  between  two  defenses 
which  he  was  wrongfuly  required  to 
make.  1915F,  771. 

Reception  of  evidence. 

Review  of  discretion  as  to,  see  APPEAL  AND 

ERROR. 
Examination  of  witnesses,  see  WITNESSES. 

Annotations, 

Errors  in  reception  of  testimony  to  sup- 
port attack  on  divorce  decree. 
1917B,  ±32,  511. 

Applicability  in  proceedings  to  punish 
criminal  contempt  of  rules  of  evi- 
dence in  criminal  cases.  J917B, 
US. 

Rules  of  evidence  in  proceedings  for  crim- 
inal contempt.  1917E,  650. 

Bill  of  exceptions  showing  two  offers  of 
proof  of  what  should  have  been  included 
in  one  offer.  1917D,  408. 

Error  in  admission  of  evidence  as  ground  for 
new  trial.  1915B,  1116. 

Excluding  evidence  because  of  absence  of 
offer  of  proof  as  to  what  the  answei  to 
the  question  will  be.  1915C,  460. 

Order  of  proof.  1915D,  1021;  1915F,  6; 
1917F,  571. 

Reopening  case.      1915E,   1047. 

Striking  out  evidence.  1915B,  1121;  1915F, 
558;  1916E,  1264;  1917D,  1049. 

Statements  and  arguments  of  counsel. 

Prejudicial  error  in,  see  APPEAL  AND  ERROR. 

Necessity  of  incorporating  improper  re- 
marks of  prosecuting  attorney  into  the 
case  made.  1915A,  1088. 

Necessity  that  error  in  argument  be  shown 
by  record  on  appeal.  1915C,  747. 

Right"  to  bring  misconduct  of  prosecutor 
in  his  address  to  the  jury,  before  the 
appellate  court  by  affidavit.  1917F, 
646. 

Review  of  discretion  as  to  time  allowed  for 
argument.  1917B,  738. 

Time  for  objection  to.     1915D,  621. 

Duty  of  prosecuting  attorney  to  withdraw 
charges  against  accused  as  soon  as  it  is 
demonstrated  that  they  cannot  be  sub- 
stantiated. 1915A,  862. 

Refusal  by  court  of  request  to  have  stenog- 
rapher take  down  statements  made  by 
prosecuting  attornev  during  his  argu- 
ment. 1915A,  1088. 

Stating  what  is  not  in  evidence.  191 6D, 
1118;  1916F,  38. 

Comment  on  failure  of  accused  to  testify. 
1917E,  797. 


416 


TRIAL. 


Objections  and  exceptions. 

Consideration  of,  on  appeal,  see  APPEAL 
AND  ERROR. 

Exceptions  before  referee.     1916C,  218. 

Duty  of  counsel  to  object  if  not  satisfied 
with  language  used  to  rebuke  improper 
arguments  on  part  of  opposing  counsel. 
1915F,  797. 

Raising  objection  that  petition  fails  to  state 
cause  of  action  by  objection  to  the  in- 
troduction of  evidence.  1915F,  623. 

Remarks  or  conduct  of  court. 

Prejudicial  error,  see  APPEAL  AND  ERROR. 

Charge  by  court  that  jury  may  take  into 
consideration  in  reaching  a  verdict  fail- 
ure of  accused  who  takes  the  witness 
stand  to  explain  incriminating  circum- 
stances and  events.  1917F,  502. 

Submitting  case  or  question  to  jury, 
generally. 

Prejudicial  error  in  submission  of  issues. 
1915E,  294;  1916A,  295;  1916B,  1111; 
1917B,  684. 

Sufficiency  of  evidence  to  go  to  jury. 

Taking  case  from  jury,  see  infra. 

Annotation. 

Do  presumptions  which  attach  to  com- 
mercial paper  necessarily  entitle 
the  holder  to  go  to  the  jury.  1917E, 
537. 

Ruling  on  former  appeal  as  law  of  the  case. 
1915F,  13. 

Negligence;  personal  injuries.  1915E,  267; 
1915F,  11,  866;  1916D,  836;  1917B, 
1245;  1917E,  250. 

On  question  whether  plaintiff  in  action  for 
personal  injury  was  at  the  time  of  the 
injury  delivering  papers  to  the  tenants 
in  defendant's  building.  1916F,  1110. 

Questions  of  law  and  fact. 

—  in  general;  cause  and  effect. 

Annotation. 

Question  for  jury  as  to  effect  of  "keep- 
ing prohibited  articles  on  insured 
premises.  1917C,  298. 

Estoppel  to  object  to  submission  of  question 
to  jury.  1915F,  977. 

New  trial  for  error  of  court  in  withdrawing 
question  from  jury.  191 5D,  968. 

Weight  of  evidence  as  question  for  jury. 
1915E,  202. 

Question  whether  exhaustion  of  one  com- 
pelled to  go  on  foot  for  doctor  because 
of  negligent  failure  of  telephone  service 
resulted  in  injurv  to  his  person.  1915C, 
450. 

Submitting  to  jury  question  whether  in- 
jury is  within  terms  of  Workmen's 
Compensation  Act.  1916A.  295. 

Proximate  cause.  1915A,  363;  1916A,  1224; 
1917E.  250. 


—  reasonableness;  necessity;  diligence; 

probability. 

Reasonableness     of     municipal     ordinance. 

1915F,  1196. 
Reasonableness  as  to  time.    1917  A,  1078. 

—  relation,  character,  or  condition  of 

persons  or  things. 

Question  whether  servant  was  acting  with- 
in scope  of  authority  at  time  of  injury 
to  third  person.  1917E,  715. 

Whether  person  assisting  employee  was  a 
volunteer.  1916B,  987. 

Ability  of  minor  employee  to  appreciate 
dangers  of  his  employment.  1915F,  558. 

Question  whether  modes  of  exit  are  equiv- 
alent fire  escapes  required  by  statute. 
1917E,  250. 

Whether  witness  was  an  accomplice  of  ac- 
'  cused.  1916F,  1251. 

Credibility  of  witness.     1917F,  1107. 

Intoxicating  character  of  liquor.  1917F, 
238. 

Whether  person  on  railroad  track  was  a  li- 
censee. 1916C,  1029. 

—  fraud;  good  faith;  intent;  purpose; 

malice;   belief;   notice;    authority; 
ratification;    consent. 

Fraud;  good  faith.  1915A,  273;  1915D, 
1190;  1917C,  816;  1917E,  399. 

Intent;  purpose.  1915D,  1190;  1916A,  366; 
1916E,  1165;  1917B,  1291. 

Malice;  probable  cause.  1915B,  1179; 
1915D,  1,  16;  1916D,  614;  1916F,  399. 

Consent.     1916A,  510. 

Wilfulness;   wantonness.     1916D,  614. 

Scope  of  authority  of  servant.     1917E,  715. 

Whether  statements  and  threats  by  officers 
and  agents  of  corporation  were  made 
within  the  scope  of  their  agencies. 
1915B,  1179. 

—  construction  of  instruments  or  con- 

tracts. 

Annotation. 

Question  for  jury  as  to  effect  of  keep- 
ing prohibited  articles  on  insured 
premises.  1917C,  298. 

Construction  of  contract  between  employer 
and  employee  as  to  payment  of  wages 
during  disability.  1917B,  1158. 

Question  whether  note  was  a  gift  or  com- 
pensation for  services.  1917E,  1060. 

—  negligence;  assumption  of  risk. 

Annotation. 

Contributory  negligence  of  child  cross- 
ing car  track  as  matter  of  law  or 
fact.  1917F,  172. 

General  rule  as  to.  1915E,  991;  1916C, 
1208. 

Where  facts  are  disputed.     1916E,  528. 

Where  it  clearly  appears  that  actionable 
negligence  cannot  be  imputed  to  de- 
fendant. 1916C,  1208. 

Wanton  or  wilful  negligence.     1916D,  614, 


TRIAL. 


417 


Negligence  of  municipality  as  to  condition 

of  highway.     1916F,  1216;  1917C,  120. 
Where  evidence  in  action  for  injury  to  pas- 
sengers   makes    out    prima    facie    case 

which  is  rebutted  by  carrier.     1916C, 

348. 
Negligence  of  carrier  in  removing  passenger 

from     Pullman     to     ordinary     coach. 

1916E,  763. 
Negligence  of  carrier  causing  loss  of  goods. 

1915D,  547. 
Negligence  of  carrier  in  case  of  injury  in 

action  for  injury  to  boy  jumping  off 

freight  train.     1917C,  1066. 
Of  driver  of  automobile  having  right  of  way 

under  traffic  regulations.     1917D,  690. 
As     to     excessive     speed     of     automobiles. 

1917F,  610. 
Question   whether   negligence   of   driver   of 

automobile   is   to   be    imputed   to    one 

traveling  therein.    19 17 A,  543. 
Negligence  of  master.     1917C,  328;  1917F, 

671. 
Landlord's    negligence   as    to    condition    of 

premises.       1915B,     98;     1917B,     222; 

1917D,    1149. 
Negligence  in  leaving  loose  material  on  top 

of  building.    1915F,  835. 
Negligence  of  agister.     1915E,  590. 
Negligence  of  hospital  as  to  patient.    1915D, 

334. 
Negligence   of   street  railway   company   in 

failing  to  provide  motor  car   used  to 

haul  .work  car  with  a  fender.     1915A, 

742. 
Negligence  of  railroad  in   failing  to  keep 

cattle  guard  free  from  snow  and  ice. 

1915B,  134. 
Assumption  of  risk  by  servant.     1915C,  9; 

1916D,  1042. 
Contributory  negligence  generally.     1915C, 

181,  991. 
Contributory  negligence  of  infant.     1915F, 

638. 
Contributory   negligence   of   guest   at   inn. 

1917F,  834. 
Contributory      negligence      of      employee. 

1916D,  962,  1042. 
Contributory    negligence    in    fighting    fire. 

1915E,  991. 
Contributory    negligence    of    trespasser    on 

railroad  track.     1915C,  843. 
Contributory  negligence  at  railroad  crossing. 

1915A,  761;  1916E,  816;  1917C,  784. 
Contributory   negligence   of   person   injured 

on  highway.     1917C,  120. 
Application  of  doctrine  of  last  clear  chance 

in  case  of  injury  by  street  car.    1916E, 

58. 

—  miscellaneous. 

Question   whether   corpus   delicti   has   been 

proved  beyond  reasonable  doubt.  1917A, 

1287. 
As  to  mitigating  circumstances  in  homicide 

case.     1916C,  581. 
Whether  officer  had  warrant  when  making 

arrest.     1915B,  505. 
Whether  conversation  was  an  admission  of 

liability.     1915A,  153. 

L.R.A.  Tri.  Index  1915-17.— 27. 


Duty  of  jury  to  apportion  negligence  of  em- 
ployer and  employee  under  Federal  Em- 
ployers' Liability  Act.  1916C,  800. 

Waiver  of  proofs  of  loss  by  insurer.  1915D, 
187. 

Waiver  of  warranty.     1917C,  445. 

Sufficiency-  of  acceptance  of  offer.  1916 A, 
1287. 

As  to  consideration  of  note.     1917E,  535. 

Fairness  of  contract  limiting  common  car- 
rier's liability.  1915D,  644. 

Whether  persons  riding  in  automobile  were 
engaged  in  common  enterprise.  1915E, 
436. 

Death  of  person  in  case  of  unexplained  ab- 
sence for  seven  years.  1916F,  438. 

Damages.     1916C,  800. 

In  contempt  proceeding.     1917E,  551. 

Taking  case  from.  jury. 

—  in  general. 

Sufficiency  of  evidence  to  go  to  jury,  see 
supra. 

Where  there  is  no  conflicting  evidence. 
1916F,  209. 

—  nonsuit. 

Nonsuit  in  replevin  suit,  see  REPLEVIN. 

Motion  to  make  an  oral  motion  for  nonsuit 
a  part  of  the  record  on  appeal.  1917D, 
809. 

Voluntary  nonsuit  as  res  judicata.  1915D, 
850. 

Treating  plaintiff's  evidence  as  true  in  pass- 
ing upon  motion  for  nonsuit.  1916B, 
667. 

In  action  for  damages  for  sending  forged 
telegram.  1915A,  121. 

—  directing    verdict;    peremptory    in- 

structions. 

Review  of  evidence  on  appeal  from  directed 
verdict.  1916C,  1001. 

Waiving  error  in  rejection  of  evidence  by 
motion  for  directed  verdict.  1916C, 
1001. 

General  rule  as  to.  1916A,  979;  1916C, 
1208;  1916F,  209;  1917E,  715. 

Effect  of  statute  requiring  court  to  deny 
motion  for  directed  verdict  where  ad- 
verse party  objects  thereto.  1915B, 
1121. 

Refusal  to  direct  verdict  where  request 
therefor  is  not  offered  in  writing. 
1915D,  621. 

How  question  of  error  in  directing  verdict 
should  be  raised.  1915C,  319. 

New  trial  or  judgment  non  obstante  vere- 
dicto  as  remedy  for  erroneously  denying 
motion  for  peremptory  •  instruction. 
1916D,  514. 

What  admitted  by  motion  for  direction  of 
verdict.  1917E,  715. 

Review  of,  on  appeal.    1917B,  919. 

Waiver  of  error  as  to.  1916F,  1220;  1917D, 
1049;  1917F,  1107. 

Prejudicial  error  in.  1917B,  1245;  1917E, 
715. 

Directing  verdict  where  there  is  no  con- 
flict in  the  evidence.  1917D,  868. 


418 


TRIAL. 


Ignoring  evidence  erroneously  admitted  in 
reviewing  direction  of  verdict.  1917B, 
1245. 

Right  to  render  judgment  of  dismissal  on 
motion  for  judgment  non  obstante  vere- 
dicto  to  correct  prior  error  in  refusing 
to  direct  a  verdict  for  lack  of  evidence. 
1917A,  1194. 

For  insufficiency  of  indictment.    1916D,  767. 

Negligence;  personal  injuries.     1917C,  689. 

Direction  of  verdict  in  action  for  death  of 
plaintiff's  husband  on  theory  that  he 
had  obtained  a  valid  divorce  from  her. 
1916F,  819. 

In  action  by  employee  to  recover  one-half 
wages  during  disability  resulting  from 
accident  under  alleged  contract  with 
employer.  1917B,  1158. 

In  action  on  insurance  policy.     1917E,  983. 

In  prosecution  for  arson  upon  failure  to 
prove  corpus  delicti.  1916D,  1295. 

—  demurrer  to  evidence. 

Rule  that  one  interposing  demurrer  to  evi- 
dence admits  all  the  facts  which  evi- 
dence tends  to  prove  and  all  inferences 
therefrom.  1915E,  267. 

Where  evidence,  if  believed,  establishes  all 
the  material  allegations  of  the  petition. 
1916D,  1176. 

Considering  evidence  in  most  favorable  light. 
1917C,  489. 

Demurrer  to  evidence  reasonably  tending  to 
support  allegations  of  a  petition  which 
states  a  cause  of  action.  1917A,  128. 

Where  evidence,  with  all  reasonable  infer- 
ences therefrom,  is  sufficient  to  support 
finding.  1917A,  299. 

Special  interrogatories. 

Error  in  refusal  to  submit  special  interrog- 
atories. 191 5E,  294. 

Review  of  discretion  as  to  submitting  spe- 
cial issues  to  jury.  1916D,  144. 

Interrogatories  assuming  certain  facts  but 
not  comprehending  all  other  facts 
necessary  to  constitute  complete  de- 
fense of  contributory  negligence. 
1915F,  803. 

Inconsistency  between  answers  to  special  in- 
terrogatories and  general  verdict. 
1915E,  1057;  1916A,  689;  1916C,  439. 

Instructions. 

—  in  general;  form;  time. 

First  raising  objection  as  to,  on  appeal,  see 
APPEAL  AND  EBBOB. 

Waiver  or  cure  of  error  as  to,  see  APPEAL 
AND  EBBOB. 

Prejudicial  error  as  to,  see  APPEAL  AND  EB- 
BOB. 

Right  of  one  at  whose  request  instruction 

is  given  to  attack  it  on  appeal.    1917B, 

350. 

Necessity  for  exception.    1917F,  1107. 
Sufficiency  of  objections  or  exceptions  to. 

1915B,  415;  1915F,  1087. 
Time  for  objections  to  instructions.    1915D, 

621;  1917A,  1226. 


Necessity  of  bill  of  exceptions  to  giving  or 
refusing  of  instructions.  1915A,  572; 
1916E,  1264. 

Estoppel  to  object  on  appeal  to  ruling  on. 
1915F,  13. 

Presumptions  as  to,  on  appeal.    1915E,  991. 

Duty  to  harmonize  apparently  conflicting  in- 
structions. 1915D,  1021. 

—  requests  and  answers  generally. 

Failure    to    request.      1917A,    306,    1078  i 

1917D,  944. 
Sufficiency     of     compliance    with     request. 

1916D,  767;  1917C,  52. 
Repetitions.     1915D,     644;     1915F,     1087; 

1916D,  767;  1917C,  89. 

—  on  what  matters  necessary  or  prop- 

er. 

Prejudicial  error  in  refusing  or  failing  to 
instruct,  see  APPEAL  AND  EBROB. 

Time    for    exceptions    to    refusal    to    give. 

1917A,  1226. 
Right  of  each  party  to  have  his  theory  of 

the   case   submitted    under    proper    in- 
structions. 1915F,  673. 
Limiting   to   issues   or   proof.    1915C,    704, 

892;    1915E,  432;    1916B,   824;    1916D, 

590,  767;   1916E,  743,  896;  1917C,  89; 

1917E,  539. 
As  to  damages.     1915E,  1205;   1915F,  803; 

1916E,  743. 
As  to   degree  of   care   which   one    charged 

with    injuring   another    was  Jjound   to 

exercise.    1915B,  426. 
On  question  of  wanton  negligence.     1917E, 

258. 

Negligence  as  to  electric  wires.    1917E,  2.58. 
Contributory  negligence.     1917 A,  306. 
Right  to  instruction  on  simple  assault  in 

prosecution  for  mayhem.     1916E,  492. 

On  evidence  and  facts. 

Prejudicial  error  as  to.    1915A,  533;  1915C, 

627;   1915E,  721;   1915F,  1087;   1916D, 

590. 

Burden  or  measure  of  proof.  1915D,  547. 
Weight  or  amount  of  evidence.   1915A, 

1078,  1088;  1915C,  627,  1163;  1915F, 

656;  1916D,  144. 

—  correctness  of  instruction. 

Errors  waived  or  cured  below,  see  APPEAL 
AND  EBBOB. 

Prejudicial  error  as  to,  see  APPEAL  AND  EB- 
BOB. 

Error  in,  requiring  new  trial.     1916A,  943. 

Construing  instructions  as  a  whole  on  ap- 
peal. 1917F,  1107. 

Right  to  complain  of  instructions  in  ac- 
cordance with  stipulations  at  the  trial. 
1916A,  744. 

How  question  of  error  in  instructions  should 
be  raised.  1915C,  31-9. 

Review  on  appeal  of  error  in  instruction  not 
covered  by  motion  for  new  trial. 
1916A,  1240. 

Time  for  objections  to.     1917A,  1226. 

Instruction  that  jury  may  make  use  of 
their  general  knowledge.  1917F,  610. 


TRIAL. 


419 


Right  of  party  to  complain  of  instruction 
favorable  to  him.  1916B,  622;  1917B, 
350.  f 

Instruction  in  action  for  breach  of  contract 
of  bailment  authorizing  recovery  as 
'  though  action  had  been  in  tort.  1916F, 
1036. 

In  action  upon  instrument  in  writing  where 
defense  of  nondelivery  is  raised. 
1915B,  221. 

As  to  precautions  to  be  taken  by  railroad 
company  to  protect  travelers  from  fall- 
ing into  hole  in  highway  produced  by 
water  from  culvert.  1917A,  543. 

As  to  damages  for  obstruction  of  water  by 
railroad  embankment.  1917A,  501. 

.As  to  damages  for  personal  injuries. 
19l5E,  1141;  1915F,  803. 

Damages  for  death.     1916C,  808. 

In  action  for  injury  by  defect  in  street. 
1915A,  325. 

In  action  for  injury  to  mail  carrier  by  col- 
lision of  his  wagon  with  street  car. 
1915D,  1021. 

As  to  negligence  in  driving  automobile  at 
excessive  speed.  1917F,  610. 

As  to  care  of  person  in  possession  or  con- 
trol of  explosive.  1917F,  1043. 

As  to  negligence  of  gas  company  in  deliver- 
ing gas.  1915E,  1022. 

Negligence  of  master.    1917E,  242. 

In  action  against  railroad  company  in 
which  it  is  not  clear  whether  plaintiff 
had  become  a  passenger  when  the  in- 
jury occurred.  1916C,  1020. 

As  to  contributory  negligence  of  person  fall- 
ing down  elevator  shaft.  1915E,  7?.\. 

As  to  authority  of  agent.     1917E,  539. 

Delay  in  transportation  by  carrier;  decline 
in  market  value.  1917A,  193. 

In  action  for  loss  of  baggage.     1916E,  478. 

In  criminal  cases  generally.  1915C,  627; 
1916D,  519,  590. 

Right  of  defendant  in  criminal  case  to  com- 
plain of  instruction  which  was  prejudi- 
cial to  the  state.  1917E,  668. 

Instruction  that  jury  must  find  a  certain 
intent  from  the  facts  proved.  1917D, 
944. 

Reasonable  doubt.     1917C,  52. 

In  prosecution  for  perjury.  1917C,  52. 

In  prosecution  for  conpsiracy  to  deprive 
negroes  of  right  to  vote.  1916A,  1124. 

In  prosecution  for  homicide.  1915A,  533; 
1915B,  1143;  1915C,  1163;  1916B,  924; 
1916D,  519,  590. 

Prosecution  for  adultery.    1915F,  1087. 

Findings  by  the  court. 

Review  of,  on  appeal,  see  APPEAL  AND  EB- 

ROR. 
Prejudicial  error  as  to,  see  APPEAL  AND  EB- 

ROB. 

Exceptions  to.     1916E,  506. 

Finding  by  court  that  value  of  public  util- 
ity fixed  by  commission  is  lawful  as  an 
original  finding  of  the  fact  of  value. 
1916F,  592. 

Finding  of  facts  in  Workmen's  Compensa- 
tion case.  1916E,  506. 


Verdict  or  findings  of  jury. 

—  in  general. 

Direction  of  verdict,  see  supra. 

Review  of  discretion  as  to  vacation  of,  see 

APPEAL  AND  EBBOR. 
Prejudicial   error   as   to,   see   APPEAL  AND 

ERROR. 

Verdict  in  ejectment,  see  EJECTMENT. 
In  condemnation  proceedings,  see  EMINENT 

DOMAIN. 
Sufficiency  of  evidence  to  sustain  verdict, 

see  EVIDENCE. 
Judgment     notwithstanding     verdict,     see 

JUDGMENT. 

Annotation. 

Delegation  of  power  to  receive  verdict 
in  criminal  case.  1917E,  1O9O. 

Charging  juror  with  knowingly  returning 
wrong  verdict.  1915D,  578. 

Errors  in  instructions  cured  by.  1916B, 
622;  1917A,  1194. 

Delegation  of  power  to  receive  verdict. 
1917E,  1085. 

Presumptions  as  to,  on  appeal.  1916C,  589 ; 
1916F,  1021. 

Review  of  discretion  as  to  reduction  of  ver- 
dict. 1916C,  964. 

Sufficiency  of  approval  by  the  court  of  ver- 
dict. 1915F,  6. 

Affidavit  of  juror  to  support  verdict  on 
motion  for  new  trial.  1915D,  569. 

Findings  by  referee.     1916F,  528. 

Effect  of  general  finding  in  favor  of  party. 
1915C,  531. 

Special  verdict  or  finding.     1916E,  710. 

—  retirement:  condnct  of  jury. 

New  trial  for  misconduct  of  jury,  see  NEW 
TRIAL. 

Doctrine  of  res  ipsa  loquitur  as  requiring 
jury  to  find  in  favor  of  negligence. 
1917E,  215. 

Effect  on  verdict  of  guilty  of  finding  of 
newspaper  in  jury  room  attacking  the 
faith  and  nationality  of  the  accused. 
1916E,  634. 

—  sufficiency  and  correctness. 

Review  of,  on  appeal,  see  APPEAL  AND  EB- 
ROB. 

New  trial  for  errors  in  verdict,  see  NEW 
TRIAL. 

Excessive  or  inadequate  damages,  see  DAM- 
AGES. 

•<•'"} 

Annotation. 

Constitutionality  of  verdict  by  less  than 
all  the  jurors.  1917 A,  91. 

Conflict  between  general  and  special.     1915E, 

1057;   1916A,  689;   1916C,  439. 
Sufficiency   of  verdict   as   to   negligence   of 

railway  company  in  case  of  injury  at 

crossing.     1917D,  549. 
Erroneous  verdict  as  ground  for  release  on 

habeas  corpus.     1916F,  9GO. 
In  prosecution  for  libel.     1916F,  960. 


420 


TRIAL— TRUSTEE  PROCESS. 


—  amendment  or  correction. 

Judgment     notwithstanding     verdict,     see 
JUDGMENT. 

Requiring  jury  which  returns  a  verdict 

which  is  neither  general  nor  special 
to  decide  upon  either  one  or  the  other 
of  such  verdicts.  1917D,  962. 

Power  of  court  to  add  attorney's  fees  to 

amount  of  recovery  on  note.  1916F, 
648. 


TRIAL  DE  NOVO. 

Reversal  of  judgment  of  appellate  court  in 
which  action  was  tried  de  novo  because 
of  errors  of  nisi  prius  court.  1916B, 
1117. 


TRIAL   TERMS. 

Designation     of     additional     trial     terms. 
1915B,  103. 


TROLLEY. 

In  general,  see  STREET  RAILWAYS. 


TROVER. 

In  general. 
Right  of  action. 

—  conversion;  •what  constitutes. 


In  general. 
Annotation. 

i 

Measure  of  damages  for  conversion  of  '. 
household  goods  or  wearing  ap-  ' 
parel.  1917D,  495. 

Effect  of  conversion  by  bank  of  proceeds  of 
collection  to  give  owner  priority  over 
other  bank  creditors.  1916C,  12. 

Right  to  credit  on  judgment  for  alimony 
for  property  which  plaintiff  has  con- 
verted. 1915F,  820. 

Counterclaim  for  conversion  of  property  of 
tenant  in  action  for  rent  and  waste. 
1916C,  491. 

Counterclaim  in  action  for  conversion. 
1916C,  443. 

Interest  for  conversion  of  draft  from  date 
of  conversion.  1916C,  544. 

Measure  of  damages  for  conversion.  1915B, 
291;  1917B,  787. 

Defendant's  pleadings  in  action  for  con- 
version. 191 5E,  192. 

Effect  of  erroneously  designating  action  as 
one  for  conversion.  1917C,  1176. 


Right  of  action. 

—  conversion;  what  constitutes. 

Annotation. 

Right  of  conditional  vendor  of  personal 
property  to  maintain  action  for 
conversion  of  the  property. 
1917D,  217. 

Choice  of  remedy  for  conversion  by  carrier. 
1917B,  787. 

Negligence  of  bank  in  turning  over  bills  of 
lading  sent  to  it  by  another  bank  and 
failure  to  return  them  on  demand  or 
the  amount  for  their  proceeds.  19 17 A, 
740. 

Conversion  by  bank  lending  draft  to  pub- 
lic officer  to  cover  shortage  in  receiving 
it  back  for  cancelation.  1916C,  544. 

Procuring  order  for  sake  of  personal  prop- 
erty upon  erroneous  judgment  which 
is  not  superseded,  though  reversed  after 
sale  is  made.  1917C,  1176. 

Conversion  by  vendor  taking  mortgage  for 
security  in  repossessing  himself  of  the 
property  and  selling  it.  1916C,  557. 

By  purchaser  at  assignee's  sale  taking  prop- 
erty of  third  person  by  mistake.  1915D, 
474. 

Taking  possession  by  chattel  mortgagee 
maliciously  and  by  force  or  fraud. 
1915E,  192. 

Conversion  by  one  taking  from  pledgeor,  as 
collateral  security,  bonds  merely  en- 
trusted to  him  for  safe  keeping.  1916A, 
629. 

Sale  by  commission  broker  of  wheat  belong- 
ing to  another  person  under  mistaken 
belief  that  it  has  been  consigned  to  him 
for  sale.  1917F,  440. 

Deposit  by  executor  of  funds  of  estate  in 
his  individual  bank  account.  1916F, 
1059. 

Liability  of  municipality  and  contractor 
for  conversion  by  subcontractor.  1915F, 
1009. 

By  landlord  for  wrongful  removal  of  im- 
provements by  tenant.  1915A,  654. 


TRUST  COMPANY. 

See  BANKS. 


TRUST  DEED. 

See  MORTGAGE. 


TRUSTEE  PROCESS. 

See  GARNISHMENT. 


TRUSTEES;   TKUSTS. 


421 


TRUSTEES. 

For  benefit   of   creditors,   see   ASSIGNMENT 

FOB  CREDITORS. 
Of  insolvent,  .see  INSOLVENCY. 
In  general,  see  TRUSTS. 


TRUSTS. 

In  general. 

Express  or  declared  trusts;  precatory 

trnsts. 
Implied,    constructive,    and    resulting 

trnsts. 

Termination;  discharge. 
Trustees. 
Interest  of  cestni  que  trust;  rights  of 

creditors;  spendthrift  trust. 
Rights  and  liabilities  of  transferees; 

following  trust  property. 


In  general. 

Assignment  in  trust  to  pay  creditors,  see 

ASSIGNMENT  FOB  CREDITORS. 
For  charity,  see  CHARITIES. 
Fiduciary  relation  between  corporation  and 

its  officers,  see  CORPORATIONS. 
For  wife,  see  HUSBAND  AND  WIFE.. 
Monopolistic  trusts,  see  MONOPOLY  AND 

COMBINATIONS. 
Suspension  of  alienation,  see  PERPETUITIES. 

Annotations. 

Effect   of   deposit   of   funds    belonging 

to  the  depositor  in  a  bank  account 

in   the   name   of '  himself  and   an-- 

other.      1917C,   567. 
In  proceeds  of  collection  made  by  bank 

when  insolvent.     1917F,  6O3. 

Right  of  officer  of  trust  company  named  as 
trustee  in  will  to  act  as  witness. 
1916E,  832. 

Mechanics'  lien  on  trust  property  or  pro- 
ceeds thereof.  1916B,  1264. 

Situs  for  property  taxation  of  personal 
property  held  by  trustee.  191 5C,  949. 

Jurisdiction  of  equity  of.  1915B,  442; 
1916B,  1073. 

Joint  suit  by  beneficiaries  of  trust.  1915E, 
451. 

Corporate  officers  as  trustees  of  corporation 
and  stockholders.  1917F,  817. 

For  voting  corporate  stock.      1917A,   1174. 

For  public  in  navigable  waters.  1917A, 
1007. 

In  favor  of  estate  of  insured  where  bene- 
ficiary has  forfeited  his  rights.  1917B, 
1210. 

One  purchasing  stock  of  goods  without  com- 
plying with  Bulk  Sales  Law  as  trustee 
for  merchant's  creditors.  1916B,  970. 

Construction  of  statute  impressing  estate 
of  decedent  with  trust  in  favor  of  cred- 
itors. 1915D,  754. 

Trust  in  deposit  in  bank  generally.  1915F, 
623;  1916C,  1,  6,  30,  12;  1916F,  822; 
1917A,  680. 


Bank's  duty  as  to  trust  funds.    1915 A,  728; 

1915C,  518,  531. 
Modification  of  trust  in  farm  lands.    1916B, 

1073. 

Express  or  declared  trusts;  precatory 
trusts. 

Annotation. 

Bequest  to  one  to  divide  as  "he  thinks 
best.  1917D,  S21. 

Uncertainty  and  indefiniteness.  1917D, 
819;  1917F,  660. 

Implied,  constructive,  and  resulting 
trusts. 

Implied  trust.     1917D,  819. 

One  purchasing  land  in  possession  of  an- 
other under  executory  contract  of  sale 
as  trustee  for  latter.  1917A,  200. 

Impressing  with  trust  secret  profits  made 
by  one  party  to  joint  adventure.  1915B, 
160. 

Imposing  trust  ex  maleficio  on  title  to  prop- 
erty descending  to  murderer.  1915C, 
328. 

Trust  in  proceeds  of  benefit  certificate  in 
favor  of  original  beneficiary  after 
change.  1916C,  1130. 

Trust  for  benefit  of  true  owner  in  proceeds 
of  timber  sold  from  land  by  adverse 
claimant.  1916E,  718. 

Patentee  of  homestead  as  trustee  for  real 
owner  in  case  of  mistake  by  land  officer. 
1916C,  720. 

Existence  of  trust  in  property  stolen  or 
embezzled.  1915B,  442. 

In  property  purchased  by  agent  with  em- 
ployer's funds.  1916C,  578. 

Upon  purchase  of  real  estate  with  money 
given  to  grantee  by  another.  1917E, 
814. 

In  conveyance  by  husband  to  wife.  1915A, 
711;  1915E,  648. 

Termination;    discharge. 

Effect  of  divorce  to  terminate  trust  cheated 

by  will.    1915E,  762. 
Termination  of  express  trust  by  decree  of 

court.     1917F,  736. 
Proper  party  to  sue  after  termination  of 

trust.     1915E,  451. 

Trustees. 

Right  of  private  individuals  to  question 
right  of  corporation  to  administer  a 
trust.  1917D,  1062. 

Effect  of  adverse  possession  by  trustee  to 
bar  recovery  of  trust  property  on 
ground  that  trust  was  void.  1917C, 
937. 

Presumption  that  truste'e  intended  to  per- 
form and  not  violate  his  duty.  1916C, 
6. 

Trustee  as  proper  party  to  sue.    1915E,  451. 

Action  by  life  tenant  as  trustee  to  recover 
damages  to  remainder.  1916A,  787. 

Mortgage  of  trust  estate:  liability  for  de- 
ficiency judgment.  1915F,  1072. 


422 


TRUSTS— UNAVOIDABLE  ACCIDENT. 


Duty  of  trustee  directed  to  collect  income  of 
property  and  pay  it  to  a  life  tenant, 
to  convert  stock  into  other  securities 
which  will  produce  an  income  without 
consuming  the  estate.  1915A,  738. 

Validity  of  general  deposit  by  trustee.' 
1916C,  6. 

Individual  liability  on  contract.  1915F, 
1072. 

Interest  of  cestni  qne  trust;  rights  of 
creditors;  spendthrift  trust. 

Annotation. 

Interest  of  cestui  que  trust  in  spend- 
thrift trust  as  assets  passing  to 
trust  in  bankruptcy.  19 17 A,  989. 

Interest  of  cestui  que  trust  in  spendthrift 

trust  as  assets  in  bankruptcy.     1917A, 

988. 
Dividends    on    corporate    stock    as    income 

which  trustee  must  credit  and  pay  to 

life  tenant.     19 15 A,  738. 

Rights  and  liabilities  of  transferees; 
following  trust  property. 

Trust  funds  in  insolvent  bank  generally. 
1915F,  623;  1916C,  1,  6,  10,  12;  1916F, 
822;  1917A,  680. 

Trust  funds  mingled  with  those  of  trustee. 
1915F,  1041;  1916C,  1. 

Recovery  of  trust  fund  from  trustee's  per- 
sonal representative.  191 5F,  1041. 

Following  misappropriated  funds  into  prop- 
erty purchased  therewith.  1915B,  442; 
1916C,  578. 

Right  of  creditors  of  insolvent  to  follow 
proceeds  of  insurance  on  which  they 
have  a  lien  into  homestead  property 
purchased  by  them.  1917B,  130. 


TRUTH. 

As  defense  to  libel  or  slander.     1917C,  65; 
1917D,  855. 


TUBERCULIN   TEST. 

Annotation. 

Validity  of  statute  requiring  milk  deal- 
er to  submit  his  cows  to.     1917C, 

254:. 

4  •  » 


TUNNEL. 

Underneath  highway.     191 5F,  937. 
Injury  to  servant  assisting  in  construction 
of.    1915F,  810. 


TURNPIKE  COMPANIES. 

See  TOLLS  AND  TOLL  ROADS 


TURNTABLES. 

Annotation. 

Contributory    negligence    of    child    in- 
jured on.     1917F,  111. 


TURPENTINE. 

Annotation. 

Keeping     of,     on     insured     premises. 
1917C,  278. 


TUTORSHIP. 

See  GUABDIAN  AND  WABD. 


TWO-FAMILY  RESIDENCE. 

Restrictive  covenants  as  to.     1917A,  333. 


TWO  THIRDS  VOTE. 

At  stockholders'  meeting.     1915B,  811. 


TYPEWRITTEN  SIGNATURE. 

On  summons.     1917B,  281. 


TYPEWRITTEN  "WILL. 

Sufficiency  of  holographic  will  written  on 
typewriter.     1917F,  391. 


TYPHOID  FEVER. 

Contracted  through  negligent  contamination 
of  drinking  water  furnished  by  em- 
ployer as  within  Workmen's  Compensa- 
tion Act.  1916A,  273. 


ULTRA    VIRES. 

Ultra  vires  acts  by  corporation,  see  CORPO- 
RATIONS. 

Ultra  vires  contract  by  municipality,  see 
MUNICIPAL  CORPORATIONS. 


UNAVOIDABLE   ACCIDENT. 

See  INEVITABLE  ACCIDENT. 


UNBORN  CHILDREN— UNILATERAL  CONTRACTS. 


423 


UNBORN  CHILDREN. 

See  AFTEBBOBN   CHILDREN. 


UNCERTAINTY. 

Of  devise  or  bequest,  see  WELLS. 
See  also  INDEFINITENESS. 

In  statute.     1917 A,  1198;   1917B,  1276. 
Of  verdict.     1915E,  991. 


UNCHASTITY. 

See  CHASTITY. 


UNCONSCIOUS  PERSON. 

Signature  made  by  band  of.     1915B,  678. 


UNDERGROUND  WATERS. 

See  WATEBS. 

4  »  »  -  • 


UNDERTAKERS. 

Libel  by  mailing  by  a  business  rival  to  -per- 
son whose  wife  is  critically  ill,  of  un- 
dertaker's card.  1917F,  1088. 

Validity  of  statute  imposing  upon  under- 
takers duty  of  compiling  certain  sta- 
tistics concerning  persons  who  die. 
1917D,  586. 

*-•-• 


UNDERTAKING. 

On  appeal,  see  APPEAL  AND  ERROB. 


UNDERWRITERS. 

See  INSURANCE. 


UNDISCLOSED  PRINCIPAL. 

Rights  of.     1915C,  256. 
Pleading  in  action  to  enforce  contract  on 
behalf  of.     1917B,  564. 


UNDIVIDED  INTEREST. 

Annotation. 

Applicability  of  Bulk  Sales  Law  to  sale 

of  an  undivided  interest.     1917D, 

623. 

Replevin  for.     1916B,  1182. 


UNDUE  INFLUENCE. 

Presumption  and  burden  of  proof  as  to,  see 

EVIDENCE. 
Sufficiency  of  proof  of,  see  EVIDENCE. 


UNFAIR  COMPETITION. 

Liability .  generally  for  injury  to  business 
of  competitor  by  misrepresentations, 
underselling,  etc.,  see  CASES. 

As  to  infringement  of  trademark,  see  TBADE- 

MABKS. 

Annotation. 

Protection  of  name  descriptive  of  the 

Tcind     or     character     of     business. 

1911C,   958. 


Injunction  against.     1915F,  1107. 
Jurisdiction   of   suit   to   restrain. 


1915B, 


Presumption  and  burden  of  proof  as  to. 
1916E,  632. 

Pendency  of  suit  for  infringement  of  trade- 
mark as  bar  to  temporary  injunction 
in  suit  for  unfair  competition.  1915F, 
1107. 

Permitting  defendant  in  suit  for  unfair  com- 
petition to  market  goods  manufactured 
after  denial  of  preliminary  injunction 
by  trial  court  where  injunction  is 
granted  by  appellate  court.  1915F, 
1107. 

Right  of  one  engaged  in  business  of  welding 
metals  by  the  oxy-acetylene  process,  to 
protection  in  use  of  word  "Oxy." 
1916E,  632. 

Filling  by  competitor  of  empty  Prest-0-Lite 
tank  bearing  trademark  "Prest-0-Lite" 
without  completely  obliterating  the 
trademark.  1915F,  945. 

*-•-• 


UNFAIR  LIST. 

Libel  in  charging  that  corporation  was  on 
the  unfair  list  of  union  labor.  1916E, 
667. 


UNIFORMITY. 

Of  license  tax,  see  LICENSE. 

In  taxation  generally,  see  TAXES. 

In  local  improvement  assessments. 
456. 


1917E, 


UNILATERAL  CONTRACTS. 

See  CONTRACTS. 


424 


UNION  DEPOT— USURY. 


UNION  DEPOT. 

Requiring     construction     of,     by     carrier. 
1915D,  98. 


|  UNPAID  STOCK. 

Liability  on,  of  stockholders,  see  CORPOEA- 


UNION  LABOR. 
See  LABOR  ORGANIZATIONS. 


UNITED  STATES. 

In  general. 

Rights;  powers;  liabilities  and  obliga- 
tions. 
Suits. 


In  general. 

As  to  postoffice,  see  POSTOFFICE. 

Effect  of  patent  from,  to  shore  land  to  pass 
title  to  land  under  water.  1916C,  139. 

Rights;  powers;  liabilities  and  obliga- 
tion. 

Annotation. 

Applicability    to,    of    statutes    limiting 

liability     of     shipowners.       1917C, 

111O. 

Right  of  United  States  which  has  appro- 
priated all  the  unappropriated  portion 
of  a  stream,  to  restrain  prior  appro- 
priator  from  using  water  wastefully. 
1916B,  1010. 

Application  to  Federal  government  of  pre- 
sumption of  payment  from  lapse  of 
time.  1916B,  734. 

Application  to,  of  limitation  of  liability 
of  shipowners.  1917C,  1103. 

Snits. 

Right    to    invoke    Statute    of    Limitations 

againsjt.    1916B,  734. 
Assumpsit  by,   to   recover  money   paid   on 

forged  draft.     1915D,  797. 
As  necessary  party  defendant.    1916A,  1116. 


UNITED  STATES  AMBASSADOR. 

Attachment   against   property   of.      1915A, 
400. 


UNITED  STATES  SENATE. 

See  CONGRESS. 


UNITED  STATES  SUPREME  COURT. 

Jurisdiction    on    appeal,    see    APPEAL    AND 
ERROR. 


TIONS. 


•*-•• 


UNPROFESSIONAL  CONDUCT. 

Disbarment  or  suspension  of  attorney  be- 
.  cause  of,  see  ATTORNEYS. 


Of    physicians,    what   constitutes. 
436. 


1916D, 


UNREPEATED    MESSAGE. 

Stipulation  as  to  liability  of  telegraph  com- 
pany for.    1915B,  685. 


USES. 

Effect  of  statute  of  uses  to  execute  trust 
for  wife  where  she  and  her  husband 
join  in  deed  of  her  property  to  him  in 
trust  for  her.  1915C,  767. 


USURY. 

In  general;  -what  constitutes. 
Effect;  remedies. 


In  general;  what  constitutes. 

Annotations. 

Application  of  usury  law  to  purported 

sale    or    assignment    of    accounts. 

1917E,    1121. 
Payment  of  bonus  by  stranger.    1917F, 

932. 

Refusal  to  permit  recovery  of  full  face  of 
notes  on  foreclosure  securing  them 
where  this  would  permit  lender  to  re- 
cover usurious  interest.  1916B,  807. 

Requiring  persons  seeking  to  have  deed  de- 
clared a  mortgage  to  forego  advantage 
of  statutorv  penalties  for  exaction  of 
usury.  1915B,  492. 

Note  taken  after  maturity  as  subject  to  de- 
fense of  usury.  1917F,  916. 

Effect  of  foreclosure  decree  on  right  to  raise 
question  of  usury  in  action  to  quiet 
title  against  one  redeeming  from  mort- 
gage sale.  1915D,  349. 

Question  whether  transaction  by  which 
accounts  receivable  were  assigned  is 
a  loan  or  a  purchase.  1917E,  1110. 

Determining  whether  assignments  of  dif- 
ferent lists  of  accounts  as  security  were 
different  transactions  within  the  rule 
that  usury  cannot  be  recovered  back 
on  a  closed  account.  ]917E,  1110. 

Statute  depriving  corporation  of  defense  of 
usury.  1917E,  1110. 


USURY— VENDOR  AND  PURCHASER. 


425 


Conflict  of  laws  as  to.    1916D,  732,  739,  745. 

Payment  of  bonus  by  third  person  as  in- 
ducement for  loan.  1917F,  916. 

Effect  of  acceleration  of  maturity  of  notes 
representing  debt  and  interest  on  de- 
fault in  payment  of  one  of  them. 
1916B,  807. 

Effect  of  borrower's  option  to  pay  before 
maturity  notes  representing  aggregate 
of  debt  and  highest  legal  interest. 
1916B,  807. 

Reserving  of  interest  in  advance  at  highest 
legal  rate  on  a  loan.  1915D,  ll95. 

Effect;   remedies. 

Availability  of  defense.     1915C,  634. 

Validity  of  deed  given  to  secure  usurious 
loan.  1915D,  1195. 

Right  of  judgment  creditors  to  elimination 
of  usury  from  prior  indebtedness  se- 
cured by  trust  deed.  1915C,  634. 

Presumption  and  burden  of  proof  as  to. 
1917F,  916.  . 


VACANCY. 

In  office,  see  OFFICERS. 

Of  insured  premises.     1915B,  844. 


VACATION. 

Of  highway,  see  HIGHWAYS. 
Of  judgment,   see  JUDGMENT. 


VACCINATION. 

Liability  of  city  for  negligence  of  employee 
in  health  department  in  vaccinating 
person.  1916B,  917. 

Of  school  children.     1915D,  223. 


VALIDATION. 

Of  debts  of  municipality  in  excess  of  debt 
limit.     1915D,  978. 


VALIDITY. 


Of  contract,  generally,  see  CONTRACTS. 


VALUATION. 

Of  property  condemned,  see  DAMAGES. 
Of  property  for  taxes,  see  TAXES. 

Of  property  and  franchises  of  public  serv- 
ice corporation  for  rate-making  pur- 
poses. 1916F,  756;  1917B,  930. 

Of  property  seized  under  execution.  1916E, 
1140. 


Of  insured  property.     1915E,   489;    1917C, 
722. 


VALUE. 

Estimate    of,     in    condemnation   case,    see 

DAMAGES. 

Opinion  evidence  as  to,  see  EVIDENCE. 
Evidence  as  to  generally,  see  EVIDENCE. 

Sufficiency   of   proof   as  to  value  of   land. 

1915A,  675. 
Fraudulent  representations  as  to.     1916F, 

780. 


VALUED  POLICY  LAW. 

Classification  under,  of  furniture  sold  con- 
ditionally and  put  in  use  by  vendee. 
1917B,  253. 


VALUED  PROPERTY. 

See  INSURANCE. 


VARIANCE. 

Between  pleading  and  proof,  see  EVIDENCE. 


VEHICLES. 

As  to  automobiles,  see  AUTOMOBILES. 
As  to  jitney  busses,  see  JITNEY  BUSSES. 

Power  of  municipality  to  provide  for  im- 
prisonment of  one  refusing  to  pay  for 
use  of  hired  vehicle.  1917B,  551. 

Constitutionality  of  regulations  as  to  ve- 
hicles kept  for  hire.  1915F,  840. 

Regulation  of  use  of  streets  by.    1915F,  840. 

Imposing  license,  tax  on  automobiles  pass- 
ing through  state  as  interference  with 
interstate  commerce.  1917B,  553. 

Licenses  of,  generally,  1915F,  840;  1917B, 
553. 

Forfeiture  of  vehicles  used  in  conveying 
liquor  intended  for  illegal  use.  1916E, 
338. 


VENDOR  AND  PURCHASER. 

Rights  and  liabilities  of  parties  gen- 
erally. 

Payment  of  purchase  money. 

Defective  or  unmarketable  title, 

Deficiency  in  quantity. 

Rescission   of  contract. 

Vendor's  lien. 

Rights  of  parties  as  to  third  persons; 
bona  fide  purchasers. 


426 


VENDOK  AND  PURCHASER. 


Rights  and  liabilities  of  parties  gen- 
erally. 

Validity  of  conveyance  of  land  held  adverse- 
ly, see  CHAMPERTY  AND  MAINTENANCE. 

Sufficiency  of  land  contract  to  satisfy  Stat- 
ute of  Frauds,  see  CONTRACTS. 

Covenants  between,  see  COVENANTS  AND 
CONDITIONS. 

As  to  deeds,  see  DEEDS. 

Election  of  remedy  by  vendor,  see  ELECTION 
OF  REMEDIES. 

What  constitutes  fixtures  as  between,  see 
FIXTURES. 

What  constitutes  fraud  in  purchase  or  sale 
of  property,  see  FRAUD  AND  DECEIT. 

Sale  of  homestead,  see  HOMESTEAD. 

Sale  under  execution  or  attachment,  see 
JUDICIAL  SALE. 

Sale  of  foreclosure,  see  MORTGAGE. 

Rights  and  liabilities  of  purchaser  of  land 
subject  to  mortgage,  see  MORTGAGE. 

Reformation  of  land  contract  or  deed,  see 
REFORMATION  OF  INSTRUMENTS. 

Specific  performance  of  contract,  see 
SPECIFIC  PERFORMANCE. 

Sale  for  taxes,  see  TAXES. 

Annotations. 

Power  of  vendee  to  subject  owner's  in- 
terest to  mechanics'  lien.  1917D, 
577. 

Representations  "by  vendor  as  to  qual- 
ity or  condition  of  soil.  1917C, 
273. 

Validity  and  effect  of  agreement  by 
vendor  to  repurchase  or  permit  a 
rescission  of  the  contract,  or  to 
resell  the  property,  at  the  option  of 
his  vendee.  1917C,  763. 

Income  tax  on  sales  of  property. 
1917E,  566. 

Implied  or  ostensible  authority  of  agent 
to  bind  his  principal  by  covenants 
in  the  sale  of  real  property.  191 7F, 
954. 

Implied  or  ostensible  authority  of  agent 
for  the  sale  of  land  as  to  repre- 
sentations. 1917F,  962. 

Presumption  that  deed  executed  to  wife  of 
purchaser  of  land  was  executed  in  dis- 
charge of  the  contract.  1917D,  228. 

Sale  of  standing  timber.     1915A,  571. 

Liability  of  vendor  of  lots  in  town  laid  out 
by  him  for  breach  of  representation 
that  no  liquor  would  ever  be  sold  in  the 
town.  1917F,  949. 

Power  of  agent  for  sale  of  land  to  bind 
principal  by  representation  as  to  the 
character  and  quality  of  the  land. 
1917F,  958. 

Authority  of  agent  selling  land  as  to  cove- 
nants. 1917F,  949. 

Restraints  upon  alienation  in  deed.  1916D, 
924;  1917A,  671. 

Execution  of  deed  by  attorney  in  fact. 
1915F,  662. 

Payment  of  purchase  price  in  full  by  pur- 
chaser with  knowledge  of  wrongful  re- 
moval of  buildings  from  land;  recovery 
back  of  value  of  buildings.  1917A,  415. 


Construction  of  contract  for  transfer  of 
land.  1917A,  200. 

What  constitutes  an  option  to  purchase. 
1915A,  317. 

Consideration  for  option  to  purchase  in- 
serted in  lease.  1915C,  367. 

Acceptance  of  option  to  purchase.  1915D, 
196. 

What  constitutes  breach  of  option  for  pur- 
chase. 1915A,  271. 

Construction  of  representation  by  vendor  of 
farm  that  it  is  in  good  condition  for 
cropping.  1917C,  270. 

Agreement  of  vendor  to  resell  land  for 
stated  price  and  by  stated  time  at 
option  of  vendee.  1917C,  761. 

Parol  evidence  as  to  consideration  for  agree- 
ment of  vendor  to  find  a  purchaser  at 
an  advanced  price.  1915C,  177. 

Representation  by  vendor  of  farm  that  it 
is  free  from  weeds  which  would  make 
cropping  impracticable.  1917C,  270. 

Right  of  vendee  to  maintain  action  for 
fraud  where  vendor  has  lawfully  ter- 
minated the  contract  for  vendee's  failure 
to  make  stipulated  payments.  1915F, 
962. 

Election  of  remedies  by  vendee  in  case  of 
fraud  of  vendor.  1915F,  962. 

Measure  of  damages  for  fraud  of  vendor. 
1915A,  675;  1915F,  962. 

Evidence  as  to  fraud  in  sale  of  land.  1915A, 
675. 

Sufficiency  of  proof  as  to  value  of  land  in 
action  for  damages  because  of  false  rep- 
resentations. 1915A,  675. 

Parol  evidence  as  to  intent  of  grantor. 
1915A,  671. 

Parol  evidence  that  grantee  agreed  to  take 
property  subject  to  lease.  19]  6E,  213. 

Parol  proof  that  purchaser  of  real  property 
agreed  to  pay  street  improvement  as- 
sessment. 1916E,  217. 

Parol  evidence  to  show  unauthorized  altera- 
tion of  deed.  1916F,  687. 

Parol  evidence  to  show  real  contract  as  to 
acreage  and  price.  1916C,  403. 

Effect  of  attempted  conveyance  of  property 
in  possession  of  prior  grantee  to  de- 
stroy right  to  enforce  condition  in  first 
deed.  1916F,  303. 

Subrogation  of  purchaser  paying  off  encum- 
brances to  rights  of  mortgagee.  1915F, 
771. 

Liability  of  vendor  to  vendee  for  improve- 
ments removed  by  tenant.  1917A,  415. 

Estoppel  of  vendee  to  claim  under  outstand- 
ing title.  1916F,  1024. 

Subjecting  to  judgment  lien  interest  of 
vendee  in  possession  under  executory 
contract  of  purchase.  1915B,  340. 

Liability  of  executory  vendor  for  use  of 
property  as  house  of  ill  fame.  1916F, 
325. 

Right  of  one  in  possession  under  executory 
contract  of  purchase  to  maintain  action 
for  injury  to  land.  1915F,  1289. 

Payment  of  purchase  money. 

Right  of  vendee  in  land  contract  invalid 
under  statute  of  frauds  to  recover  back 
voluntary  payments.  1916D,  462,  466. 


VENDOR  AND  PURCHASER— VENUE. 


427 


Priority  of  lien  for  purchase  money  paid, 

on  default  of  vendor,  over  subsequent 

mortgage.     1916F,  430. 
Waiver    of    purchaser's    lien    for    purchase 

money    paid    on    default    of    vendor. 

1916F,  430. 

Defective  or  unmarketable  title. 
Specific    performance    in    case    of    doubtful 
title,  see  SPECIFIC  PERFORMANCE. 

Defects  in  title  on  judicial  sale.    1915E,  834. 

Definiteness  of  pleading  as  to  defects  in 
title.  191 5E,  271. 

Right  to  apply  money  placed  by  vendor  of 
real  and  personal  property  with  a 
trustee  to  satisfy  possible  liens  against 
the  personalty,  to  liens  against  the 
realty.  1916A,  961. 

Admissibility  of  parol  evidence  in  action  for 
breach  of  covenant  against  encum- 
brances. 1916E,  217. 

Weight  of  opinion  evidence  as  to  title. 
1915E,  271. 

Implied  covenant  of  title.    191 6A,  961. 

Liability  on  covenant  of  warranty  where 
title  proves  defective.  1916E,  901. 

Application  of  rule  caveat  emptor  to  one 
purchasing  building  with  projections 
encroaching  on  street.  1916A,  1176. 

Effect  of  illegal  encroachments  on  highway 
to  render  title  to  property  unmarket- 
able. 1916A,  1176. 

Deficiency  in  quantity. 

Notice  to  purchaser  of  deficiency.  1916C, 
403. 

Recovery  of  agreed  price  per  acre  for  de- 
ficiency amounting  to  one-tenth  of  the 
represented  acreage.  1916C,  403. 

Hescission  of  contract. 

As  to  what  constitutes  fraud  justifying 
rescission  of  contract,  see  FRAUD  AND 
DECEIT. 

Of  contract  for  sale  of  personal  property, 
see  SALE. 

Annotations. 

Right  of  vendee  to  rescind  contract  for 
sale  of  land  because  of  vendor's 
~breac7i  of  covenant  to  make  im- 
provements. 1917B,  4O3. 

Validity  and  effect  of  agreement  bi/ 
vendor  to  permit  a  rescission  of 
the  contract  at  the  option  of  the 
vendee.  1917C,  763. 

Laches  in  seeking  a  rescission  of  land  con- 
tract. 1916C,  996. 

When  action  for  return  of  money  paid  upon 
rescission  of  contract  is  barred.  1916F, 
430. 

Estoppel  as  to.     1915C,  613. 

Right  of  vendee  in  unenforceable  parol  con- 
tract to  rescind  it  and  recover  back 
voluntary  payments.  19*16D,  466. 

Right  of  purchaser  of  land  to  recover  in- 
terest on  amount  paid  upon  rescission 
of  contract.  1916C,  996. 

Computation  of  interest  on  purchase  money 
upon  repudiation  of  contract  for  pur- 
chase of  land.  1915E,  404. 


Duty  of  one  in  possession  of  land  under 
parol  contract  of  purchase,  to  account 
for  rent  upon  refusal  of  vendor  to  per- 
form. 1915E,  404. 

Where  vendor  has  placed  himself  in  a  posi- 
tion where  he  cannot  perform  his  con- 
tract. 1916F,  430. 

Rescission  by  corporation  because  of  secret 
interest  of  promoter  of  corporation. 
1916C,  996. 

Breach  of  covenant  as  ground  for.  1916B, 
1201. 

For  breach  of  vendor's  agreement  to  plant 
and  care  for  fruit  trees.  1916F,  430. 

For  vendor's  breach  of  agreement  to  lay 
water  mains  to  the  property.  1917B, 
401. 

Mistake  of  vendor  as  to  area  or  dimensions 
of  land.  1917A,  200. 

For  fraud.     1915D,  257;   1917D,  228. 

Vendor's  lien. 

Subrogation  to  vendor's  lien,  see  SUBROGA- 
TION. 

Implied  lien  on  property  conveyed  in  con- 
sideration of  support  of  grantor,  to  en- 
force performance  of  the  consideration. 
1915B,  1069. 

Rights  of  parties  as  to  third  persons; 
bona  fide  purchasers. 

Protection  of  recording  laws  to  bona  fide 
purchaser,  see  RECORDS  AND  RECORD- 
ING LAWS. 

Right  of  specific  performance  as  against 
third  person.  1917A,  200. 

One  purchasing  land  in  possession  of  an- 
other under  executory  contract  of  sale 
as  trustee  for  latter.  1917A,  200. 

Presumption  that  trustee  in  deed  to  secure 
creditors  and  creditors  secured  are 
bona  fide  purchasers.  191 7C,  883. 

Estoppel  of  one  failing  to  place  land  con- 
tract on  record.  1916B,  1063. 

Duty  of  purchaser  to  inquire  of  tenant  in 
possession,  as  to  ownership  of  fixtures. 
1915E,  822. 

Estoppel  of  tenant  to  assert  right  against 
purchaser  of  property.  1915E,  822. 

Right  of  purchaser  of  property  flooded  by  a 
permanent  dam  to  recover  for  recurring 
injury  to  the  land.  191 6E,  990. 

Right  of  payee  of  check  given  as  security 
for  performance  of  land  contract,  which 
is  accepted  by  drawee  bank,  to  main- 
tain action  thereon  against  the  bank. 
1915C,  531. 


VENDOR'S  LIEN. 

On  sale  of  real  property,  see  VENDOR  AND 
PURCHASER. 


VENUE. 


In  general. 
Change. 


428 


VENUE— VIBRATION. 


In  general. 

Right  of  courts  of  one  state  to  enforce  laws 
of,  or  causes  of  action  arising  in,  an- 
other state,  see  CONFLICT  OF  LAWS. 

As  to  jurisdiction  over  nonresidents  general- 
ly, see  COUBTS. 

Sufficiency  of  proof  as  to.    1915B,  71. 

Of  suit  by  trustee  in  bankruptcy  of  corpo- 
ration to  recover  dividends  paid  out  of 
capital.  191 7C,  393. 

Action  for  depriving  person  of  legacy  by 
spoliation  of  third  person's  will. 
1917B,  556. 

Action  by  receiver  of  insolvent  insurance 
company  to  enforce  statutory  liability 
of  stockholders.  1916D,  1129. 

Action  for  breach  of  contract  to  locate  rail- 
road station  at  certain  place.  1916F, 
687. 

Of  action  against  municipality  for  injury 
to  real  estate  in  another  county  by  di- 
version of  water.  1915F,  1029. 

Action  to  compel  surrender  for  cancelation 
of  note  and  mortgage  securing  it. 
1917F,  905. 

Change. 

Annotations. 

Mandamus  to  compel  change  of  venue. 

1917F,  914. 
Prohibition    against    court    proceeding 

Tcith  a  case  in  which  it  erroneously 

denied  a  change  of  venue.     1917F, 

911. 

Mandamus  to  compel  grant  of  application 

for.     1917F,  912. 
Appeal  from  the  final  judgment  as  a  plain, 

speedy,  and  adequate  remedy  to  correct 

refusal  to  change  venue.    1917F,  905. 
Change  of,  as  infringement  of  right  to  jury 

trial.     1915F,  922. 
Grant  of  change  of  venue  on  behalf  of  the 

state.     191 5F,  922. 
Giving  accused   right   to  change  of  venue 

without    conferring    same    right    upon 

state.     1915F,  920. 


VERANDA, 


See  POBCH. 


VERDICT. 

Review    of,    on    appeal,    see    APPEAL    AND 

ERROR. 
In  condemnation  proceedings,  see  EMINENT 

DOMAIN. 
Judgment     notwithstanding     verdict,      see 

Jt  OGMENT. 

Now  trial  for  errors  in,  see  NEW  TRIAL. 
Direction  of,  see  TRIAL. 
In  general,  see  TRIAL. 

Affidavit  of  juror  to  support  verdict  on  mo- 
tion for  new  trial.  1915D,  569. 

Charging  juror  with  knowingly  returning 
wrong  verdict.  1915D,  578. 


VERIFICATION. 

Of  pleading,  see  PLEADING. 

Of  information.  1915B,  505,  651;  1917C 
610. 

Of  specifications  of  charges  in  disbarment 
proceedings.  1915D,  1218. 

Of  claim  against  municipality.  1916D, 
1079. 

Of  facts  stated  in  application  for  manda- 
mus. 1916F,  1033. 


VERMIN. 

As  to  rats,  see  RATS. 


VESSELS. 

Matters  as  to  shipping,  see  SHIPPING. 

Liability  for  injury  to  vessel  by  collision 
with  drawbridge  over  navigable  stream. 
1915F,  1062. 

Territorial  sovereignty  of  state  as  extend- 
ing to  vessel  of  the  state  upon  navi- 
gable waters.  1916D,  935. 

Application  of  state  Workmen's  Compensa- 
tion Act  to  injury  on.  1916A,  436, 
446;  1916D,  935. 

Applicability  to  vessels  of  police  laws  of  the 
state.  1915F,  1140. 

Sale  of  liquors  on,  in  evasion  of  laws  of 
state.  1915F,  1149. 


VESTED  INTEREST. 

Under  will,  see  WILLS. 


VESTED  RIGHTS. 

In  general,  see  CONSTITUTIONAL  LAW. 

Of  member  of  benefit  society  in  rate  named 
in  constitution  at  time  he  became  mem- 
ber. 1916A,  750. 

Of  beneficiary  in  insurance.     1915D,  130. 

To  award  under  Workmen's  Compensation 
Act.  1916D,  044. 

To  practise  law.     1915D,  1218. 

What  is  a  vested  interest  subject  to  lien  of 
judgment.  1915B,  340. 


VIBRATION. 

Injury  to  property  by  vibration  caused  by 
blasting.  1915E,  356;  1916D,  101; 
1916F.  897. 

As  element  of  damages  in  condemnation 
proceedings.  1916E,  420. 


VICTUALS— VOTING  TKUST. 
VICTUALS.  VISIBLE  MARK. 


429 


See  FOOD. 


VIEW. 

Annotation. 

Interference  with  view.     1917C,  1135. 
View   outside   the   territorial   jurisdic- 
tion.    1917 F,  984:. 

Definition  of.     1917F,  974. 

Liability  for  interference  with.  1916C, 
1260;  1917C,  1131. 

Review  of  discretion  as  to.     1915F,  558. 

Permitting  view  of  locus  in  quo  in  another 
state.  1917F,  974. 

Right  of  judge  sitting  as  a  jury  to  take  a 
view  of  the  locus  in  quo  without  statu- 
tory authority.  1917F,  974. 

New  trial  because  of  surreptitious  view  by 
jury.  1915B,  702. 

Waiver  of  making  experiments  at  view  by 
failure  to  object  until  the  decree  is 
entered.  1917F,  974. 


VILLAGE. 

Liability  for  injuries  by  defects  in  streets, 

see  HIGHWAYS. 
In  general,  see  MUNICIPAL  CORPORATIONS. 


Annotation. 

Power    to    employ    attorney. 
243. 


1917D, 


VIOLATION  OF  LAW. 

Annotations. 

Provision  in  insurance  contract  against 
liability  for  death  or  injury  re- 
sulting from,  as  applied  to  death 
or  injury  resulting  from  a  person- 
al encounter.  1917C,  199. 

Liability  of  oivner  of  automobile  ivho 
intrusts  car  to  another  in  violation 
of  statute  for  injuries  inflicted 
while  the  latter  is  operating  the  car 
for  his  oivn  purpose.  1917F,  384=. 

As    wilful    misconduct   within    meaning   of 

Workman's  Compensation  Act.     1916D, 

903. 
Violation    of    law    as    negligence.      1917A, 

710;  1917C,  998,  1146. 
Presumption    of    negligence    arising-    from 

violation  of  statute.     1916D,  1006. 
Private   action   for.      1915D,    1021;    1917C, 

1146. 
As  proximate  cause  of  injury.     1917E,  272; 

11U7F,  621. 
By    plaintiff    as    defense    to    suit.      1915E, 

959:  1916E,  1212,  1222;  1917A,  1276. 
Death  of  insured  while  engaged  in.     1917C, 

195. 
As  to  speed  of  railroad  train.     1916D,  981. 


What  constitutes  visible  mark  upon  body  of 
insured.     1917D,  1174. 


VITAL  STATISTICS. 

Validity  of  statute  imposing  upon  under- 
takers duty  of  compiling  certain  statis- 
tics concerning  persons  who  die. 
1917D,  586. 


VOIR  DIRE. 

Examination  on,  see  JURY. 


VOLUNTARY  PAYMENT. 

Recovery  back  of.    1916D,  462,  466;  1916F, 
532;   1917 A,  415. 


VOLUNTEERS. 

Question  for  jury  as  to.     1916B,  987. 
Liability    for    injury    to.      1915F,     1125; 
1916F,  95;  1917C,  1199. 


VOTERS  AND  ELECTIONS. 

See  ELECTIONS. 


VOTING  CONTEST. 

Annotation. 

Legality  of  voting  or  popularity  con- 
tests. 1917D,  489. 

Question  whether  contract  for,  is  one  of  in- 
surance or  of  suretyship  or  guaranty. 
1917D,  485. 

Validity  of  contract  between  merchant  and 
corporation  to  stimulate  trade  by  means 
of.  1917D,  482. 

Scheme  to  increase  trade  by  means  of,  as  a 
lottery.  1917D,  485. 


VOTING  MACHINES. 

Legality  of  use  of.     1915C,  513. 


VOTING  TRUST. 

Validity  of.     1917A,  1174. 


430 


VOUCHERS— WALL. 


VOUCHERS. 

Bank    depositor's    duty    as    to    discovering 
forgeries.     1915D,  741. 


•WAGE  EARNERS. 

Annotation. 

Effect  upon  state  insolvency  laws  of 
provisions  of  Federal  Bankruptcy 
Act  excepting  wage  earners  from 
involuntary  bankruptcy.  1917 A, 
109. 


WAGERS. 


Validity  of  wager  contract,  see  CONTRACTS. 


•WAGES. 

Average  earnings  of  employee  within  mean- 
ing of  Workmen's  Compensation  Act, 
see  AVERAGE  EARNINGS. 

In  general,  see  MASTER  AND  SERVANT. 

Annotation. 

Amount  of  wages  exempt  upon  succes- 
sive garnishments.  1917D,  899. 

Assignment  of.     1915B,  191;   1915E,  1017; 

191 6D,  267;  1916E,  247. 
Successive  garnishment  of.     1917D,  898. 
Evidence  on  question  of  amount  of.    1915C, 

1208. 
Libel  in  charging  that  corporation  pays  less 

wages  than  its  rivals.     1916E,  667. 
Liability  of  trade  union  for  failure  to  notify 

contractor    of    change    in    wage    scale. 

1915E,  1006. 


"WAIVER. 

Of  defects  in  pleading,  see  APPEAL  AND  ER- 
ROR. 

Of  error  in  trial  court,  see  APPEAL  AND  ER- 
ROR. 

By  appearance,  see  APPEARANCE. 

Of  lien  of  chattel  mortgage,  see  CHATTEL 
MORTGAGE. 

Of  one  remedy  by  pursuing  another,  see 
ELECTION  OF  REMEDIES. 

By  insurance  company,  see  INSURANCE. 

Of  right  to  jury  trial,  see  JURY. 

Of  liens,  generally,  see  LIENS. 

Of  mechanic's  lien,  see  MECHANICS'  LIENS. 

Of  defects  in  pleading,  see  PLEADING. 

Annotations. 

Of     conditions     of     reinstatement     of 

member  of  benefit  society.    1917C, 

26O. 


Use  of  building  by  oivner  as  accept- 
ance of  worJc  of  construction  or 
repair  and  as  a  waiver  of  Tcnoivn 
defects  therein.  1917C,  324. 

Effect  of  carrier's  waiver  of  lien  for  freight 
charges  to  release  consignor.  1917A, 
663. 

By  appearance.     1916E,  1079;  1917C,  148. 

By  lessor  of  provision  as  to  character  of 
business  to  be  conducted  on  premises. 
1917C,  931. 

By  employee  of  benefit  of  constitutional 
provision  forbidding  statutory  limita- 
tion of  recovery  for  personal  injuries. 
1916A,  389. 

By  conditional  vendor,  of  right  to  maintain 
action  for  injury  to  property.  1917D, 
214. 

Of  rights  by  accused.  1915D,  817;  1916D, 
590. 

Of  privilege  of  confidential  communications. 
1915C,  834;  1916A,  475,  519. 

Of  right  to  appeal.     1916E,  892. 

Of  irregularities  in  mandamus  proceedings. 
1916F,  1033. 

Of  irregularity  in  transferring  cause  from 
territorial  to  Federal  district  court. 
1915C,  834. 

Of  disqualification  of  juror.     191 6D,  820. 

Of  statutory  limitation  of  public  improve- 
ment assessments.  191 7F,  493. 

Of  objections  to  assessments  for  public  im- 
provements. 1915D,  772. 

Of  breach  of  promise  to  marry.     1915B,  279. 

Of  right  to  rescind  contract.     1916F,  476. 

Of  notice  of  protest  of  note.     1916B,  941. 

Of  breach  of  condition  in  oil  and  gas  lease. 
1916B,  686. 

Of  breach  of  covenant.  1916D,  924;  1917C, 
879. 

Of  covenant  in  lease.     1915E,  846. 

Of  forfeiture  of  lease.     1915B,  998. 

Of  notice  of  acceptance  of  guaranty.  191 7D, 
402. 

Of  notice  of  claim  against  carrier.  1917C, 
433. 

Of  stipulation  as  to  time  for  action  against 
carrier  for  injury  to  goods.  1916D, 
345,  1046.  / 

Of  requirement  that  passenger  travel  with 
his  baggage.  1915E,  281. 

Of  objections  to  performance  of  contract. 
1917C,  322. 

Of  pardon.    1917B,  567. 

Of  right  to  forfeit  oil  and  gas  lease.  1917B, 
1184. 

Of  warranty,  question  for  jury  as  to.  1917C, 
445. 

Of  stipulation  as  to  time  for  delivery  of 
goods  sold.  1916E,  932. 

Of  rule  by  employer.     1915F,  558. 

Of  prepayment  of  tools  for  telegraph  serv- 
ice. 1915C,  450. 


WALI* 

Party  walls,  sea  PARTY  WALL. 


WALL— WASTE. 


431 


Annotation. 

Duty  as  to  maintenance  and  repair  of 
retaining  wall.  1917F,  683. 

Injunction  to  compel  one  to  repair  retain- 
ing wall  to  prevent  its  falling  onto  ad- 
joining property.  1917F,  680. 

Negligence  as  to.  1915C,  704,  710;  1915E, 
926;  1917F,  680. 


WANTON  NEGLIGENCE. 

See  NEGLIGENCE. 

4  •» 


WAR. 

As  to  militia,  see  MILITIA. 

Annotations. 

Litigation  arising  out  of  Mexican  rev- 
olution. 1917 A,  28O. 

Effect  of  war  on  contracts  with  alien 
enemies.  1917C,  662. 

Right  of  commander  of  army  to  seize  private 
property  or  levy  contributions.  1917A, 
276. 

Validity  of  seizure  and  sale  of  goods  in  for- 
eign country  by  military  force.  1917A, 
276. 

Effect  of  war  to  render  invalid  contract  pre- 
viously entered  into  by  which  an  Eng- 
lish corporation  agrees  to  sell  its  entire 
product  of  zinc  concentrates  to  German 
citizens.  1917C,  650. 

Effect  of  war  which  makes  lessee  an  alien 
enemy  on  liability  for  rent.  1917C,  644. 

Effect  of  war  which  makes  lessee  an  alien 
enemy  to  suspend  his  remedies  against 
assignee  of  lease.  1917C,  644. 


"WARD. 

See   GUARDIAN   AND   WARD;    INCOMPETENT 
PERSONS. 


WARDEN. 

Authority  of  fish  warden  to  arrest.    1915F, 
1031. 


WAREHOUSEMEN. 

Rights  and  liabilities  generally. 

Evidence  of  custom  on  question  of  negli- 
gence. 1915D,  725. 

Who  may  maintain  action  for  injury  to 
property  deposited  in  warehouse. 
1915D,  "795. 

Loss  of,  or  injury  to,  property;  rights  in  in- 
surance on  property  and  in  amount 
realized  by  way  of  salvage.  1917D,  847. 


Injury  to  property  by  unusual  tide.  1915D, 
725. 

Compromise  of  claim  for  goods  lost  or  in- 
jured; validity.  1917D,  847. 

Delivery  of  property  without  production  of 
receipt.  1916F,  289. 

Warehouse  receipts. 

Alteration  of  warehouse  receipt  by  agent 
without  authority.  1916F,  289. 


WARNING. 

Duty  to  give  to  servant,  see  MASTER  AND 
SERVANT. 

Duty  to  give,  to  persons  on  railroad  track. 

1917D,  666. 
To  passenger  of  danger.     1915E,  964. 


WARRANT. 

Arrest  without  warrant,  see  ARREST. 

Proceeding  to  compel  auditor  to  issue  war- 

rants for  statutory  allowance  to  state 

officers.     1915E,  858. 
Mandamus  to  compel  issuance  of.     1915E, 

858. 
Mandamus    to    compel    countersigning    of. 

1916D,  321. 


4  «  » 


WARRANTY. 

Damages  for  breach  of,  see  DAMAGES. 
In  insurance  contract,  see  INSURANCE. 
On  sale  of  personalty,  see  SALE. 

Implied  warrant  of  shipowner  to  seamen 
that  the  ship  is  seaworthy.  1916A, 
1149. 


WASHHOUSES. 

Statute    requiring    maintenance    of    wash- 
houses  for  employees.     1915B,  420. 


WASTE. 

Who  may  maintain  action  to  prevent  waste 
of  public  money.  191 5D,  485. 

Claim  for,  as  within  protection  of  contrac- 
tor's bond.  1917A,  336. 

Counterclaim  for  wrongful  eviction  in  ac- 
tion by  landlord  for  waste.  1916C, 
491. 

By  life  tenant.    1915B,  219. 

Right  of  life  tenant  to  recover  for  damages 
to  remainder  from  one  negligently  set- 
ting fire  to  property.  1916A,  787. 

Of  water  of  irrigation  system.     1916F,  236. 

Right  to  complain  of  waste  of  water  by 
prior  appropriator.  1916B,  1010. 


432 


WATCH  INSPECTOR— WATERS. 


WATCH  INSPECTOR. 

Injury  to  motorman  when  attempting  out 
of  working  hours  to  board  car  to  visit 
official  watch  inspector.  1917A,  250. 


•WATCHMAN. 

Duty  to  provide,  at  railroad  crossing. 
1915A,  363. 

Liability  of  employer  for  unlawful  arrest 
by.  1916F,  1247. 

Recovery  under  Workmen's  Compensation 
Act  for  killing  of  night  watchman  by 
police  officer  in  belief  that  he  was  a 
robber.  1916D,  933. 

Question  whether  watchman  at  highway 
crossing  is  engaged  in  interstate  com- 
merce within  meaning  of  Federal  Em- 
ployers' Liability  Act.  1917E,  262. 


WATER  FRONT. 

Annotation. 

Division  of,  in  absence  of  agreement, 
between  adjoining  riparian  own- 
ers. 1917B,  "786. 

Use  of,  for  wharfing  purposes.    1916C,  139 ; 

1917A,  1007. 
Division     of,     between     riparian     owners. 

1917B,  783. 


WATER  MAINS. 

Rescission  of  land  contract  for  vendor's 
breach  of  agreement  to  lay  water  mains 
to  the  property.  1917B,  401. 

Injury  to  lessee's  property  by  leaking  or 
bursting  of.  1917B,  222,  238. 


WATER  POWER. 

Annotation. 

Situs  of  mill  site  or  water  power  for 
purposes  of  taxation.     1917F,  591. 

Situs  of,  for  taxation.    1917F,  585. 
Attempted  reservation  of,  by  deed.     1916A, 
524. 


WATERS. 

In  general. 

What  are  public  or  navigable. 

Relative  rights  as  between  states,   or 

state  and  United  States. 
Relative  rights  of  public  and  individ- 
uals. 

—  in  general;  state  regulation  and 

control. 

—  in  bed  and  shores. 

—  accretions;  change  of  bed. 


Water    rights    and    easements    as    be- 
tween individuals. 

—  riparian    or    littoral    rights    in 

general;      what      are      •water- 
courses. 

—  accretions;      alluvion;      islands; 

flats. 

—  use  of  water;  interference  with 

flow. 

—  obstructions;   overflow. 

—  pollution. 

—  prior  appropriation. 

—  surface  and  seepage  water. 

—  subterranean     "waters;     springs; 

wells. 

—  irrigation;         ditches;         water 

rights. 

—  adverse   use;   prescription. 
Water  supply. 

—  in  general. 

—  duties   and   liabilities   of  water 

company. 

—  •water  rates  and  charges. 

—  meters. 


In  general. 

As  to  canals  generally,  see  CANALS. 

Ferry  over,  see  FERRIES.. 

Rights  as  to  fishing,  see  FISHEBIES. 

Rights  in  ice,  see  ICE. 

Liability  of  landlord  to  tenant  for  damage 
by  water,  see  LANDLORD  AND  TENANT. 

As  to  levees,  see  LEVEES. 

Negligence  as  to  ponds,  see  PONDS. 

Proximate  cause  of  injury  by,  see  PROXI- 
MATE CAUSE. 

Duty    of    agister    to    supply    pasture   with 

water.     191 5E,  590. 
Easement  for  pipe  line.    1915C,  355 ;  1916E, 

432. 
Recovery,  under  Workmen's   Compensation 

Act,  for  death  on  navigable  waters  of 

the  United  States.     1916A,  436,  446. 
Casting  of  water  from  eaves  over  boundary 

line.    1916A,  689. 
Injury  to  property  in  warehouse  by  flood. 

1915D,  725. 

'What  are  public  or  navigable. 

Necessity  that  waters  be  capable  of  com- 
merce of  pecuniary  value.  1916C,  139. 

Canal  as  a  navigable  public  highway. 
1917F,  776. 

Lakes.     1916C,  139. 

Relative  rights  as  between  states,  or 
state  and  United  States. 

Effect  of  commerce  clause  of  Federal  Con- 
stitution. 1917A,  1007. 

Relative  rights  of  public  and  indi- 
viduals. 

—  in  general;  state  regulation  and 
control. 

Right  of  riparian  owner  to  maintain  action 
because  stream  has  been  made  less 
pleasant  for  boating,  fishing,  and  bath- 
ing. 1917F,  206. 

State  ownership.    1916C,  139;  1917A,  1007. 


WATERS. 


433 


State  regulation  or  control.     1916C,  139. 

State  control  of  harbor  within  harbor  lines. 
1917A,  1007. 

Permitting  diversion  of  public  waters  to  pri- 
vate use.  1917A,  1007. 

—  in  bed  and  shores. 

What  law  governs  question  of  ownership  of. 
1916C,  139;  1917A,  1007. 

Rights  of  riparian  owner  generally;  state 
control  over.  1916C,  139. 

Title  of  state  to  soil  under  navigable  waters 
below  low  water  mark  in  trust  for  peo- 
ple. 1916C,  139. 

Fee  to  land  between  high  and  low  water 
mark.  1916C,  139. 

Under  grant  from  United  States  govern- 
ment. 1916C,  139. 

Right  of  riparian  owner  to  wharf  out. 
1917A,  1007. 

Lakes  and  ponds.    1916C,  139;  1917A,  1007. 

—  accretions;  change  of  bed. 

Right  to  accretions  and  relictions.  1916C, 
139. 

"Water  rights  and  easements  as  be- 
tween individuals. 

—  riparian   or  littoral  rights   in  gen- 

eral; what  are  watercourses. 

Rights  in  ice,  see  ICE. 

Annotations. 

Division  in  absence  of  agreement  of 
water  front  between  adjoining 
riparian  owners.  1917B,  786. 

Interference  with  pleasurable  posses- 
sion of  stream  as  causing  special 
damage  or  peculiar  injury  which 
it-ill  sustain  an  action  by  a  private 
individual  -for  nuisance.  1917F, 
2O8. 

Right  of  riparian  owner  to  maintain  action 
because  stream  has  been  made  less 
pleasant  for  boating,  fishing  and  bath- 
ing. 1917F,  206. 

Division  of  water  front  or  bed.     1917B,  783. 

Severance  of  water  power  from  upland. 
1916A,  504. 

—  accretions;  alluvion;  islands;  flats. 

Annotation. 

Division,  in  absence  of  special  agree' 
ments,  of  water  front,  alluvion, 
and  flats  between  adjoining  ri- 
parian owners.  1917B,  786. 

—  use     of     water;     interference     with 

flow. 

Use  for  irrigation,  see  infra. 
Prior  appropriation,  see  infra. 
Diversion     by    railroad    embankment,    see 
RAILROADS. 

Who    may    maintain    action    for   diversion. 

1916F,  1289. 
Action    of   trespass   for   diversion.      1916E, 

981. 
Successive  actions  for  injury  by  diversion. 

1916E,  981. 

L.R.A.  Tri.  Index  1915-17.— 28. 


Liability  of  husband  for  wrongfully  chang- 
ing course  of  stream  flowing  through 
wife's  lands.  1916F,  1289. 

Municipal  liability  for  diversion.  1916B, 
1027. 

Venue  of  action  against  municipality  for 
diversion.  1915F,  1029. 

Taking  for  public  water  supply.  1916E, 
981. 

Hastening  or  increasing  flow.  1915E,  294; 
1917C,  1021. 

Restoring  to  old  channel.    1916F,  403. 

—  obstructions;  overflow. 
Obstruction  of  surface  waters,  see  infra. 
By  railroad  embankment,  see  RAILROADS. 

Annotation. 

Right  to  deepen  natural  channel  or 
drain  as  protection  against  over- 
flow. 1917C,  1O27. 

Relevancy  of  evidence  in  action  for  injury. 

1917A,  501. 

Burden  of  proof  in  action  for  injury  by  ob- 
struction.    1917A,  501. 
Effect  of  warranty  deed  of  land  to  transfer 

right  of  action  for  injury  by  flooding. 

1916E,  990. 
Estoppel  to  complain  of  flooding.     1916E, 

990. 
Prejudicial  error   as  to  damages   in  action 

for  injury.     1915E,  294. 
Successive    suits   for    injuries   by    flooding. 

1916E,  958,  962,  990. 
Liability    of    husband    changing    course    of 

stream    on    wife's    lands    for    resulting 

overflow.  1916F,  1288. 
Right  of  municipality  to  erect  embankment 

to  restrain  flood  water,  although  result 

is    to    cause    water   to    rise    somewhat 

higher  on  property  on  opposite  side  of 

stream.    1915C,  700. 
Inundation  of  lower   riparian   property  bv 

hastening  or  increasing  flow  of  water. 

1915E,  294. 
Duty  of  one  changing  course  of  stream  to 

provide  new  channel  sufficient  to  carry 

off  high  water.     1916F,  1289. 

—  pollution. 

Injunction  against.     1916B,  1135. 

Successive  suits  for.     1915A,  369. 

Right  of  riparian  owner  to  divert  water 
from  stream  and  make  such  use  of  it 
that  it  becomes  polluted  and  impairs 
the  quality  of  the  other  water  of  the 
stream  on  being  returned  to  it.  1917F, 
1146. 

Right  to  use  water  of  stream  to  cool  ma- 
chinery where,  when  returned  to  stream 
in  its  heated  condition,  it  prevents  for- 
mation of  ice,  to  injury  of  lower  ri- 
parian owner.  1915F,  1210. 

Pollution  of  wells  by  gas  manufacture. 
1915A,  369. 

By  mining  operations.     1915D,  911. 

By  sewage.     1915A,  282;  1916F,  189. 

—  prior  appropriation. 

Rights  of  junior  against  prior  appropriator. 
2916B,  1010. 


434 


WATERS. 


—  surface  and  seepage  water. 
Obstruction    by   railroad   embankment,    see 

RAILROADS. 

Annotations. 

Bight  of  owner  of  lower  tenement  as 
against  the  rights  of  the  upper 
landowner  to  obstruct  surface  wa- 
ter in  a  natural  drainage  channel. 
1917A,  517. 

Right  to  deepen  natural  channel  or 
drain  as  protection  against  over- 
flow. 1917C,  1O27. 

Burden  of  proof  in  action  for  injury  by  ob- 
struction. 191 7A,  501. 

Relevancy  of  evidence  in  action  for  injury. 
1917A,  501. 

Right  to  drain  generally.     1917F,  942. 

Duty  to  keep  natural  drainway  open. 
1917A,  501. 

What  constitutes  a  natural  drainway  or 
drainage  channel.  1917A,  501. 

Prescriptive  right  to  cast  surface  water  on- 
to adjoining  property.  1917F,  942. 

Injury  to  submerged  land  by  rapid  with- 
drawal of  water  standing  on  it  result- 
ing from  deepening  of  outlet.  1917C, 
1021. 

Hastening  flow  of.     1916F,  424. 

Obstructing  flow  of;  throwing  back.  1917F, 
942. 

—  subterranean  -waters;  springs;  wells. 

Annotation. 

Right  of  municipal  corporation  in  re- 
spect of  percolating  waters.  191 7F, 
691. 

Successive  suits  for  pollution  of  percolating 
waters.  1915A,  369. 

Right  of  municipality  to  pump  percolating 
water  from  land  owned  by  it  for  public 
use.  1917F,  684. 

Right  to  use  percolating  water  for  manu- 
facturing purposes.  1915A,  369. 

Injury  to  property  by  flow  of  water  into 
cellar  due  to  blasting  in  street.  1915D, 
1080. 

—  irrigation;   ditches;   water  rights. 
Prior  appropriation  for  irrigation  process, 

see  supra. 

Condemnation  of  property  for.  1916C, 
1275. 

False  representation  that  ownership  of  land 
carries  privilege  of  using  water  for  irri- 
gation. 1915A,  675. 

Statement  by  vendor  that  irrigation  project 
would  pass  close  to  property.  1916B, 
1069. 

Jurisdiction  of  railway  commission  to  de- 
termine question  of  ownership  of  irri- 
gation canal.  1915D,  1205. 

Right  to  regulate  rates  of  irrigation  com- 
pany. 191 5D,  1205. 

Estoppel  of  irrigation  company  to  set  up 
failure  of  predecessor  to  comply  with 
contract  with  state.  1916F,  236' 


Imposition  on  owner  of  irigation  ditch  of 
expense  of  constructing  and  maintain- 
ing bridge.  1915E,  687. 

Mandamus  to  compel  irrigation  company  to- 
issue  shares  of  stock  to  purchaser  of 
land  in  irrigation  district.  1916F,  236. 

Refusal  of  corporation  taking  over  irriga- 
tion system  to  sell  stock  to  purchaser 
of  land  within  the  irrigation  district. 
1916F,  236. 

Refusal  of  irrigation  company  to  deliver 
water  to  purchaser  of  stock  not  trans- 
ferred on  books.  1915D,  292. 

Statute  requiring  proposal  for  construction 
of  irrigation  system  to  state  price  and 
terms  per  acre  at  which  perpetual 
water  rights  will  be  sold.  1916F,  236. 

Negligence  of  irrigation  ditch  company  as 
to  care  of  ditch.  1915D,  292. 

Damages  for  injury  to  crop  by  failure  to 
furnish  water.  1915D,  292. 

Extent  of  use  generally;  rotation  in  use. 
1916F,  236. 

—  adverse  nse;  prescription. 

Prescriptive  right  to  cast  surface  water 
onto  adjoining  property.  1917F,  942. 

Water  supply. 

—  in  general. 

Annotations. 

Right  to  transfer  or  mortgage  privilege 
to  use  streets.  1917D,  7O7. 

Liability  for  damage  to  service  numr.s 
by  excavating  in  street.  1917  E^ 
1094. 

Right  of  municipal  corporations  in  re- 
spect of  percolating  waters.  191 7F,. 
691. 

Rescission    of    land    contract    for    vendor's 

breach  of  agreement  to  lay  water  mains 

to  the  property.     1917B,  401. 
Exemption   of   municipal   waterworks   from 

taxation.     1915A,  1118;  1915D,  1103. 
Right    of     water    company    to    injunction 

against    enforcement    of    tax.      1916Ar 

965. 
Requiring  company  not  shown  to  have  valid 

franchise  to  enlarge  its  plant.     1916F, 

756. 
Diversion  of  water  for  public  water  supplv. 

1916E,  981. 

Use  of  subterranean  water  for  public  pur- 
pose.    1917F,  684. 
Validity   of    contract   for   municipal   water 

supply.     1915A,  904;   1917B,  908. 
Measure    of   damages   on    condemnation    of 

water  plant.     1916F,  5H± 
Evidence    on    question    of    value    of    water 

right.     1916F,  756. 
Effect   of   franchise   of   water   company   on 

municipal    construction    and   operation 

of  waterworks  system.     1915C,  438. 
Sufficiency  of  enactment  and  publication  of 

ordinance    as    to    issue   of   waterworks 

bonds.     1915A,  910. 
Creation    of    indebtedness    for    waterworks. 

1915A,  904. 


WATERS— WEARING  APPAREL. 


435 


—  duties  and  liabilities  of  water  com- 

pany. 

Implied  contract  to  furnish  adequate  sup- 
ply. 1917D,  678. 

Construction  of  contract  between  water  com- 
pany and  municipality.  1915A,  246. 

Condition-  precedent  to  action  against  city 
for  damages  from  use  of  contaminated 
water  supply.  1915E,  749. 

Validity  of  contract  to  furnish  free  water 
supply  to  railroad  company.  1917E, 
680. 

Right  to  resort  to  courts  instead  of  com- 
mission to  prevent  water  company  from 
violating  contract  to  furnish  water. 
1917E,  680. 

Right  of  company  to  terminate  contract  to 
furnish  free  water  supply.  1917E,  680. 

Liability  in  damages  for  breach  of  contract 
,  to  furnish  water.  1917D,  678. 

Injunction  against  shutting  off  supply. 
1917B,  908. 

Construction  of  agreement  to  renew  contract 
for  water  supply  upon  such  terms  as 
are  mutually  agreed  upon.  1917D,  1074. 

Specific  performance  of  agreement  to  renew 
contract  for  water  supply  upon  such 
terms  as  are  mutually  agreed  upon. 
1917D,  1074. 

Who  must  bear  cost  of  laying  service  pipes 
between  water  mains  and  lot  lines  of 
private  consumers.  1915A,  246;  1916E, 
258. 

Attempt  to  hold  company  liable  for  negli- 
gently turning  water  into  pipes  of 
house  so  violently  as  to  force  open  a 
screw  faucet  and  flood  the  property. 
1916D,  300. 

Right  to  make  rules  and  regulations. 
1915A,  246. 

—  water  rates  and  charges. 

Annotation. 

Right  of  water  company  to  discontinue 
service  after  tender  of  amount 
due.  1917C,  376. 

Recovery  of  fair  value  of  water  furnished 
to  the  public  in  excess  of  what  its  fran- 
chise required  to  be  furnished  free. 
1916D,  431. 

Construction  of  provision  in  franchise  that 
water  should  be  furnished  free  for 
sprinkling  streets  and  for  public  build- 
ings. 1916D,  431. 

Construction  of  contract  establishing  meter 
rates.  1915D,  917. 

Effect  of  extension  of  city  limits  to  take  in 
property  to  which  water  mains  have 
been  extended,  to  abrogate  contract  as 
to  rates  for  water  furnished.  1916A, 
1060;  1917D,  802. 

Due  process  in  abrogation  of  consumer's 
contract  for  rates.  1917C,  574. 

Impairment  of  contracts  by  rate  regulation. 
1917C,  574. 

Power  of  Public  Service  Commission  over 
rates.  1915D,  ]205;  191 7D,  574. 

Right  to  regulate  rates  of  irrigation  com- 
pany. 1915D,  1205. 


Valuation  of  property  of  company  as  basis 

for  rates.     1916F,  756. 
Delegation  to  municipality  of  power  to  fix 

rates.     1915C,  261. 
Who  may  maintain  action  to  enforce  rates 

provided  in  contract  with  municipality. 

1915D,  917. 
Inequality   of   rates;    free  service.      1915D, 

917,    1086;    1916D,    991;    1917B,    908; 

1917C,  574;   1917E,  680. 
Enforcing  payment  of  rates.     1915A,  242; 

1916E,  417;   1917D,  678. 

—  meters. 

Construction  of  contract  establishing  meter 
rates.  1915D,  917. 

Regulation  of  board  of  water  commissioners 
as  to  installation  of,  and  payment  for, 
meters.  1915A,  320. 

Requiring  consumers  of  water  to  bear  ex- 
pense of  meters.  1915A,  320. 


<»*» 


WATERWORKS. 


See  WATEBS. 


WAY. 

Annotation. 

Easement  of  way  as  including  right  to 
lay  pipes.     1917F,  4:4=9. 

Easement  of.     1915C,  345;    1915D,  1010. 
Injunction  against  attempted  use  of  way. 
1915C,  345.' 


WEAPONS. 

Carrying  of,  see  CABBYING  WEAPONS. 

Annotation. 

Embargo  on  exportation  to  Mexico,  in- 
dictment for  violating.  1917  A, 
2S1. 


WEARING  APPAREL. 

Annotations. 

Measure  of  damages  for  loss  or  conver- 
sion of  or  injury  to.  1917D,  495. 

As  a  family  expense  or  necessary  with- 
in statute  rendering  wife  or  her 
property  liable  therefor.  1917F, 
862. 


Opinion  evidence  as  to  value  of. 
Measure  of  damages  for  loss  of. 


1917A,  58. 
1917A,  58. 


436 


WEBB-KENYON  ACT— WILLS. 


WEBB-KENYON    ACT. 

Annotation. 

Constitutionality ,  construction,  and  ef- 
fect of.     1917B,  1229. 

Validity  of.     1916C,  278,  291;  191 7B,  1218. 
Effect  of.     1916C,  273,  291;    1917B,   1218, 
1230. 


WEIGHTS   AND   MEASURES. 

Annotations. 

Constitutionality  of  statute  whicU 
makes  shipper's  statement  as  to 
weight  conclusive.  1917E,  1O22. 

Knowledge  or  intent  as  element  of  the 
offense  of  using  or  giving  false 
weight  or  measure.  1917D,  1129. 

Punishment  for  use  of  false  weight,  meas- 
ure, or  balance.  1915D,  515. 

Criminal  liability  of  corporation  for  violat- 
ing statute  as  to.  1915D,  515. 

Indictment  for  use  of  false  weights  and 
measures.  1915D,  515. 

Effect  of  custom  to  render  statute  as  to,  un- 
reasonable. 1916E,  380. 

Conviction  for  violation  of  ordinance  mak- 
ing it  punishable  to  "knowingly"  give 
anv  false  weight  or  measure.  1917D, 
1127. 

Requiring  certain  articles  to  be  sold  by 
avoirdupois  weight  or  numerical  count. 
1916E,  377. 

Requiring  lard  to  be  sold  in  containers  con- 
taining a  certain  amount  net  weight. 
1916E,  380. 

Requiring  net  weight  of  print  or  package  to 
be  stated  on  label  or  disclosed  by  seller 
to  buyer.  1915D,  515. 


WELLS. 

In  general,  see  WATEBS. 

Drowning  of  infant  in.     1915A,  731. 


"WHARVES. 

Use  of  water  front  for  wharfing  purposes. 
1916A,  139;  1917A,  1007. 

Wharf  as  fixture.     1916A,  961. 

Giving  one  ship  broker  exclusive  right  to 
storage  space  on  export  wharf.  1916D, 
253. 

Nuisance  in  delivering  dynamite  from  car 
to  vessel  at  the  end  of  a  pier.  1916B, 
716. 

Necessity  of  submitting  question  of  dis- 
crimination in  giving  privileges  on,  to 
Interstate  Commerce  Commission  be- 
fore appeal  to  courts.  1916D,  253. 

Injury  to  vessel  by  explosion  of  dynamite  at 
pier.  1916B,  716. 


"WHITE  SLAVERY. 


See  PROSTITUTION. 


WIDOW. 

Right  to  inherit,  see  DESCENT  AND  DIS- 
TRIBUTION. 

Election  by,  between  dower  and  provisions 
of  will,  see  WILLS. 

Homestead  rights  of.    1916A,  997,  999. 

As  proper  person  upon  whom  to  make  de- 
mand for  autopsy  provided  for  in  in- 
surance policy.  1915D,  1199. 

Inheritance  tax  on  interest  of  widow  in  hus- 
band's estate.  1915D,  450;  1916C,  670; 
1917F,  436. 

Rights  of,  in  life  insurance.  1915A,  264; 
1915B,  749;  1915D,  130;  1916D,  1168. 

Allowance  to,  out  of  husband's  estate. 
1916E,  593. 

Right  of  widow  claiming  interest  in  testa- 
tor's estate  to  benefit  of  a  conversion  by 
the  will  of  realty  into  personalty. 
1917D,  464. 


WILFUL    MISCONDUCT. 

What  constitutes,  within  meaning  of  Work- 
men's Compensation  Act,  see  WORK- 
MEN'S COMPENSATION. 


WILFUL    NEGLIGENCE. 


See  NEGLIGENCE. 


WILLS. 

In  general. 

Validity;  effect  of  partial  invalidity. 
Testamentary  character. 
Execution;  attestation. 
Revocation. 

Who  may  make;  capacity;  undue  in- 
fluence. 
Probate;   contest;  foreign  -wills. 

—  in  general. 

—  trial  or  hearing;  witnesses;  evi- 

dence. 

Codicil. 

Nuncupative;    holographic. 

Devise  and  legacy  generally. 

Description  of  beneficiaries;  who  may 
take. 

Children  not  mentioned  or  disin- 
herited. 

What  property  passes. 

Partial  intestacy. 


WILLS. 


437 


Nature  of  estate  or  interest  created. 

—  in  general. 

—  life  or  fee. 

—  estates    tail;    rule    in    Shelley's 

Case. 

—  estate  or  gift  npon  condition. 

—  remainders. 

—  executory    devises;     conditional 

limitations. 

—  income  or  snpport;  education. 

—  interest  of  several. 

—  vested  or  contingent  interests. 
Enjoyment;  payment;  acceleration. 
Election;  acceptance. 

Equitable  conversion. 

Charge  npon  interest  or  property  de- 
vised. 

Lapsing;  ademption;  deduction;  revo- 
cation; renunciation. 


In  general. 

As  to  charitable  bequest  generally,  see 
CHABITIES. 

Matters  concerning  executors  and  adminis- 
trators, see  EXECUTOBS  AND.  ADMINIS- 

TBATOBS. 

As  to  perpetuities,  see  PERPETUITIES. 
Execution  of  power  by,  see  POWEBS. 
Tax  on  gifts  by,  see  TAXES. 
Creation  of  trust  by,  see  TBUSTS. 

Annotations. 

Liability  for  mutilation  or  spoliation  of 
will.  1917B,  55S. 

Death  of  promisee  before  that  of  prom- 
isor in  agreement  to  make  provi- 
sion by  will.  1917D,  812. 

Change  bv  will  of  beneficiary  of  insurance. 
1917F,  398. 

Conclusiveness  of  declarations  in  will  as  to 
domicil  of  testator.  1916A,  718. 

Effect  of  revocation  of  provision  in,  for  pay- 
ment of  note.  1917C,  1005. 

Liability  for  mutilating  another's  will. 
1917B,  556. 

Venue  of  action  for  mutilation  of.  1917B, 
556. 

Validity;  effect  of  partial  invalidity. 

Annotation. 

Devise  or  bequest  to  one  described  as 
"husband,"  "wife,"  or  "widow"  as 
affected  by  illegality  or  nonexis- 
tence  of  marriage.  1917B,  1153. 

Presumption  and  burden  of  proof  as  to  for- 
gery. 1916D,  635. 

Effect  of  illegality  of  marriage  on  devise  to 
reputed  wife.  1917B,  1150. 

Testamentary  character. 

Annotation. 

Effect  of  words  in  obligation  for  pay- 
ment of  money  indicating  that  it 
was  intended  as  a  bequest.  1917C, 
1011. 


Instrument  in  form  of  short  warranty  deed 
to  be  held  in  escrow  until  death  of 
grantor.  1917C,  964. 

Instrument  reciting  a  promise  to  pay  a  spec- 
ified sum  as  a  bequest  after  decease  of 
promisor  and  wife.  1917C,  1005. 

Execution;  attestation. 

Annotations. 

Writing  name  in  body  of  will  as  sig- 

nature  thereto.      1917D,    632. 
Effect  of  witness  not  signing  his  true 

name.     1917D,   896. 
Necessity    that    attesting    witnesses    be 

present  at  the  same  time.     1917F, 

872. 

Considering  probate  of  will  as  evidence  in 

support  thereof  where  there  is  evidence 

against    the    proper    execution    of    the 

instrument.     1917E,  530. 
Sufficiency  .of  date  of  will.     3916E,  498. 
Signature  of  testator.     1915D,  902;  1916E, 

692;   1917D,  629,  779. 
Signature  of  attesting  witness.     1915B,  87; 

1916C,  946;   1916D,  1059;   1917D,  894. 
Who  may  be  witness.     1915E,  832;   1916D, 

179;   1916E,  692. 
Presence   of   parties.     1916C,   946;    1917F, 

866. 
Attestation  clause.     1916D,  179. 

Revocation. 

By  subsequent  will.    1916C,  89;  1917F,  234. 
By  mutilation.    1915D,  1140. 

Who  may  make;  capacity;  undue  in- 
fluence. 

Opinion  evidence  as  to  testamentary  capac- 

ity/   1916D,  179. 
Degree  of  mental  capacity;   hallucinations. 

1915A,  443;  1916E,  692. 
Presumption  and  burden  of  proof  as  to  un- 

due influence.     1916C,  946;  1916E,  692. 
Sufficiency    of    proof    of    undue    influence. 

1915E,  593. 


Probate;  contest;  foreign 
—  in  general. 


Annotations. 

Bight  of  executor  to  allowance  for  at- 
torneys' fees  for  services  rendered 
in  attempt  to  establish  or  resist 
attack  upon  will.  1917  A,  45O. 

Probate  of  will  as  evidence.  1917E, 
533. 

Right  to  foreclose  mortgage  pending  contest 

of  will.     1915C,  993. 
Question  whether  the  instrument  offered  is 

the  will  of  the  decedent  as  the  question 

to  be  decided.    1915E,  832. 
Necessity  of  revocation  of  order  admitting 

will    to    probate    upon    discovering    a 

former  will,  a  portion  of  which  is  not 

revoked  by  the  later  will.     1917F,  234. 
Probate  of  will  as  evidence  of  its  validity. 

1917E,  530. 


438 


WILLS. 


Right  of  executor  to  allowance  for  services 
and  expenses  in  unsuccessful  effort  to 
probate  will  against  contest.  1917A, 
448. 

Effect  of  compromise  of  will  contest  by 
widow  on  assessment  of  inheritance  tax 
on  her  interest  under  the  will  and  an 
antenuptial  agreement.  191 5D,  450. 

—  trial  or  hearing;  -witnesses;  evi- 
dence. 

Sufficiency  of  proof,  see  EVIDENCE. 

Sufficiency  of  objection  to  competency  of 
witness.  1916C,  1214. 

Stockholder  witnessing  will  which  names  the 
corporation  as  executor  as  within  stat- 
ute providing  that  beneficial  interest 
given  to  a  subscribing  witness  is  null 
and  void  and  he  shall  be  compelled  to 
give  testimony  as  to  the  residue  of  the 
will.  1916D,  179. 

Reversible  error  in  admission  of  testimony. 
1916C,  1214. 

Parol  evidence  as  to  meaning  of.  1915E, 
1008. 

Opinion  evidence  as  to  testamentary  capac- 
ity. 1916D,  179. 

Sufficiency  of  proof  of  undue  influence. 
1915E,  593. 

Sufficiency  of  proof  by  attesting  witness. 
J9]5E,  593,  1916C,  1214. 

Jurisdiction  to  determine  domicil  of  testa- 
tor on  hearing  of  application  to  probate. 
1916A,  718. 

Codicil. 

Effect  of  codicil  of  will  which  has  given  tes- 
tator's estate  absolutely  to  his  widow, 
to  create  a  valid  executory  devise  as  to 
the  money,  by  provision  as  to  disposal 
of  money  on  hand  at  wife's  death. 
1917C,  1001. 

Effect  of  mutilation  of  codicil.  1915D, 
1140. 

Nuncupative ;  holographic. 

Annotation. 

Violation  of  requirement  that  holo- 
graphic will  shall  be  written  by 
testator.  1917F,  393. 

Devise    of    real    property    by   nuncupation. 

1916E,  1130. 
Date  of.     1917C,  470. 
Sufficiency   of  holographic  will   written   on 

typewriter.     1917F,  391. 
Signature  of  holographic  will.     1915D,  902; 

1917D,  629,  779. 

Devise  and  legacy  generally. 

Construction  or  effect  of  codicil,  see  supra. 

Annotations. 

Validity  of  limitation  upon  power  of 
alienation  imposed  upon  devise  of 
equitable  estate  to  married  wo- 
man. 19 17 A,  679. 

Devise  or  bequest  by  implication. 
1917  A,  1213. 


Devise  or  bequest  to  one  described  as 
"husband,"  "wife,"  or  ''widow," 
as  affected  by  illegality  or  nonex- 
istence  of  marriage.  1917B,  1153. 

Right  of  state  to  abolish  right  of  inheri- 
tance or  bequest.  1917E,  909. 

Change  of  beneficiary  of  insurance  policy 
by  will.  1915A,  109. 

Specific  performance  of  contracts  to  devise 
property.  1916D,  421. 

Rule  of  construction  in  case  of  ambiguity. 
1915A,  90. 

Intent  of  testator  generally.     1917B,  1150. 

Presumption  and  burden  of  proof  as  to  tes- 
tator's intent.  1916C,  613. 

Presumption  that  where  a  more  general  de- 
scription is  coupled  with  the  enumera- 
tion of  things  the  description  shall 
cover  only  things  ejusdem  generis. 
1915C,  653. 

Parol  evidence  as  to  intention  of  testator. 
1917A,  1210. 

Description  of  beneficiaries;  who  may 
take. 

As  to  definiteness  of  description  in  chari- 
table bequest,  see  CHARITIES. 

As  to  definiteness  of  beneficiaries  of  trust, 
see  TRUSTS. 

Annotation. 

Gift  to  one  who  shall  have  rendered 
specified  services  to  testator  or  an- 
other, as  void  for  uncertainty. 
1917C,  600. 

Uncertainty  as  to  beneficiaries.    1917C,  597. 
Time  of  determination.     1916A,  718. 
Nephews  and  nieces.     1916F,  787. 

Children  not  mentioned  or  disinherit- 
ed. 

Presumption  as  to  intent  of  testator  to  dis- 
inherit. 1917D,  713. 

Right  of  parent  to  disinherit  child.  1916D, 
421. 

Collusiveness  Of  decree  of  probate  court  as 
to  right  of  pretermitted  child  to  in- 
herit. 1916D,  421. 

Effect  of  contract  preventing  disinheritance 
of  adopted  child.  1916D,  421. 

What  property  passes. 

What  property  passes  by  deed,  see  DEEDS. 

Annotation. 

What   passes   under   devise   or   bequest 

of  store,  shop,  or  business.  1917D, 

435. 

Parol  evidence  as  to  mistake  in  description. 

1915E,  1008. 
Bequest  of  drug  store  as  passing  the  money 

rights     and     credits     of    the    concern. 

1917D,  426. 
Bequest   of   lot   and   residence   thereon   and 

"all  the  contents  of  said  residence"  as 

passing  automobile  kept  in  garage  on 

the  lot.     191 7D,  426. 


WILLS. 


439 


Effect  of  bequest  of  a  bureau  and  contents 
to  pass  title  to  sum  of  money  found 
therein.  1915C,  653. 

Partial  intestacy. 

As  to  children  not  mentioned  or  disinherit- 
ed, see  supra. 

Annotations. 

Devise  or  bequest  by  implication. 
1917A,  1213. 

Election  to  take  under  will  as  affecting 
right  to  taTce  property  not  disposed 
of  by  will.  1917D,  762. 

Devise  by  implication.     1917A,  1210. 

Parol  evidence  to  show  intent  of  testator  in 
case  of  partial  intestacy.  1917A,  1210. 

Effect  of  widow's  election  to  take  under 
her  husband's  will  to  bar  her  and  her 
heirs  from  inheriting  property  undis- 
posed of  by  will.  1917D,  758. 

Descent  of  property  to  heirs  at  law  where 
devise  in  trust  is  invalid.  1917F,  660. 

Nature  of  estate  or  interest  created. 

—  in  general. 

Estates  or  interests  created  by  deed,  see 
DEEDS. 

—  life  or  fee. 

Annotation. 

Devise  or  bequest  to  one  and  his  chil- 
dren as  giving  the  children  an  es- 
tate-jointly  or  in  common  ivith  the 
parent,  or  a  remainder  upon  a  life 
estate  in  the  parent.  1917B,  49. 

Power    of    disposal.      1915D,    153;    1916C, 

.      1040;  1917A,  168. 
Enlarging  or  reducing  by  other  provisions. 

1915A-,  90;   1916B,  1235;   1917A,  168. 
Devise   to   testator's    son   and   his   children 

after  life  estate  as  creating  joint  estate 

in  fee.     1917B,  45. 

—  estates  tail;  rule  in  Shelley's   Case. 

Limitation  of  remainder  *o  one  and  his 
"lawful  issue"  as  vesting  in  him  an  es- 
tate tail.  1916B,  1076. 

Effect  of  loan  by  will  of  land  to  one  for  life, 
with  a  devise  of  it  in  fee  to  his  heirs  at 
his  death,  to  pass  the  fee  to  him. 
1915D,  496. 

—  estate  or  gift  upon  condition. 

Annotations. 

Provision  in  devise  for  payment  of  a 
sum  of  money,  or  for  the  support 
of  a  third  person,  as  a  charge,  a 
condition  subsequent,  or  a  condi- 
tion precedent.  19 17 A,  617. 

Validity  and  construction  of  condi- 
tions against  marriage  with  a  cer- 
tain person,  or  a  particular  class 
of  persons.  1917 A,  44. 

Validity  and  effect  of  conditions  re- 
quiring consent  to  marriage  of 
legatee  or  devisee.  1917D,  468. 


Condition  precedent.     1917A,  611. 
Condition   subsequent.      1915A,   90;    1916D, 

1194;   1917A,  611. 
Devise  of  remainder  estate  to  son  subject  to 

life  interest  of  widow  and  payment  of 

certain  legacies  at  death  of  life  tenant. 

19 17  A,  611. 
Sufficiency    of    compliance    with    condition 

that  devisee  shall  take  care  of  testator 

and  his  wife  for  the  remainder  of  their 

lives.    1915A,  90. 
Condition  in  restraint  of  marriage.    1915A, 

311;   1916D,  1194;   1917A,  40;    1917D, 

464. 

—  remainders. 

As  to  remainders  generally,  see  DEEDS. 

Annotation. 

Devise  or  bequest  to  one  and  his  chil- 
dren as  giving  the  children  an  es- 
tate jointly  or  in  common  ^vith  the 
parent,  or  a  remainder  upon  a  life 
estate  in  the  parent.  1917B,  49. 

—  executory  devises;  conditional  limi- 

tations. 

Effect  of  codicil  to  will  which  has  given 
testator's  estate  absolutely  to  his 
widow,  providing  that  all  money  on 
hand  at  wife's  death  shall  be  divided 
between  certain  persons.  1917C,  1001 

—  income  or  support;  education. 

Annotations. 

Provision  in  devise  for  support  of  a 
third  person  as  a  charge,  a  condi- 
tion subsequent,  or  a  condition  pre- 
cedent. 1917 A,  617. 

Testamentary  annuity  as  payable  out 
of  corpus  or  income.  1917E,  58O. 

Question  whether  annuity  is  a  charge  upon 
both  the  corpus  and  income  of  the  es- 
tate or  upon  the  income  only.  1917E, 
578. 

Bequest  of  residuary  income  to  be  divided 
between  children  of  person  named;  per- 
mitting accumulation  of  income  where 
no  child  has  been  born  at  decedent's 
death,  and  payment  of  it  to  first  child 
born.  1916F,  798. 

—  interest  of  several. 

Per  stirpes  or  per  capita.  1916A,  718; 
1917D,  596. 

—  vested  or  contingent  interests. 

Annotation. 

Character  of  remainder  created  by  de- 
vise thereof  to  certain  persons,  "or 
as  many  of  them  as  may  be  living 
at  the  time;"  "to  such  of  [a  class 
or  group]  as  may  be  living;"  or 
with  other  forms  of  expression  im- 
porting survivorship.  1917D,  6O1. 

Devise  or  bequest  in  remainder  to  survivors. 
1917D,  596. 


440 


WILLS— WIRES. 


Devise  to  person  named  upon  attaining  a 
certain  age,  with  devise  over  in  case 
of  his  death  before  that  time.  1915C, 
993,  1009. 

Time  of  vesting.     1917C,  527. 

Enjoyment;  payment;  acceleration. 

When  interest  of  child  vests  under  devise 
for  life  with  direction  to  sell  the  prop- 
erty at  the  death  of  the  life  tenant  and 
divide  the  proceeds  equally  among  de- 
cedent's children.  1916B,  1139. 

Effect  of  divorce  to  terminate  trust  created 
by  will.  1915E,  762. 

Election;  acceptance. 

Annotation. 

Election  to  take  under  will  as  affecting 
right  to  take  property  not  disposed 
of  by  will.  1917D,  762. 

Conflict  of  laws  as  to.    1915F,  680. 

By  widow  generally.    1917C,  504. 

Effect  of  widow's  election  to  take  under  her 

husband's  will  to  bar  her  and  her  heirs 

from  inheriting  property  undisposed  of 

by  will.     1917D,  758. 
Forfeiture  of  widow's  right  to  election  by 

consenting     to     her     husband's     will. 

1915E,  815. 

Equitable  conversion. 

Annotation. 

Devolution  of  interests  of  respective 
parties  to  option.  1917D,  719. 

Effect  of  insertion  in  lease  of  option  to 
purchase,  to  work  a  conversion  of  the 
realty  into  personalty  in  case  lessor 
dies  before  exercise  of  option.  191 7D, 
713. 

Right  of  widow  claiming  interest  in  testa- 
tor's estate  to  benefit  of  a  conversion 
by  the  will  of  realty  into  personalty. 
1917D,  464. 

Charge  npon  interest  or  property  de- 
vised. 

Annotations. 

Provision  in  devise  for  payment  of  a 
^sum  of  money,  or  for  the  support 
of  a  third  person,  as  a  charge. 
1917A,  617. 

Debt  charged  against,  or  owed  to  tes- 
tator by,  a  devisee  as  a  charge 
against  person  taking  the  property 
devised  in  succession  or  by  substi- 
tution. 1917D,  567. 

Testamentary  annuity  as  payable  out 
of  corpus  or  income.  1917E,  58O. 

Conclusiveness  of  decree  as  to  payment  of 
debt  which  the  will  made  a  charge  on 
the  share  of  the  life  tenant.  1917D, 
563. 

Devise  of  remainder  estate  to  son  subject  to 
life  interest  of  widow  and  payment  of 
certain  legacies  at  death  of  life  tenant. 
1917A,  611. 


Question  whether  annuity  is  a  charge  upon 
both  the  corpus  and  income  of  the  es- 
tate or  upon  the  income  only.  1917E, 
578. 

Lapsing;  ademption;  deduction;  revo- 
cation; renunciation. 

Annotation. 

Debt  charged  against,  or  owed  to  tes- 
tator by,  a  devisee  as  a  charge 
against  person  taking  the  property 
devised  in  succession  or  by  substi- 
tution. 1917D,  567. 

Right  to  charge  debt  of  life  tenant  to  the 
estate  against  the  remaindermen  in  case 
it  is  not  collected  during  lifetime  of 
life  tenant.  1917D,  563. 

Effect  of  acquisition  of  lot  for  library  pend- 
ing determination  of  contingency  upon 
which  testator  has  devised  lot  for  a  li- 
brary building,  to  defeat  the  devise. 
1916F,  787. 

Cancelation  of  debt  by  a  mother  to  her 
children  as  guardian  by  bequest  in 
their  favor  in  her  will  of  amount  great- 
ly in  excess  of  the  amount  due.  1915B, 
1196. 

Effect  of  revocation  of  bequest  by  provision 
in  codicil  for  purpose  of  devoting  the 
fund  to  charity,  of  failure  of  the  chari- 
table bequest.  3916C,  98. 

Ademption.     1916C,  613. 


WLLSON  ACT. 

Effect  of,  on   state  regulation   of   sales  of 
liquor.     1915F,  1140. 


WIND. 

As  proximate  cause  of  injury,  see  PROXI- 
MATE CAUSE. 


AVINDMILL. 

As  covered  by  insurance  on  farm  utensils. 
1917B,  934. 


WINDSTORM. 

Insurance  against  loss  caused  by.     1915B, 
1094. 


WIRES. 

As  to  barbed  wire,  see  BARBED  WIRE. 
Electrical  wires  generally,  see  ELECTHICITT. 


WIRES— WITNESSES. 


441 


Annotation. 

Bight  to  interfere  with  wires  of  public 
service  corporation  in  moving 
building  along  street.  1917C, 
774. 

Right  to  carry  electric  wires  over  railroad 
at  street  crossing.  1915B,  822. 

Claim  for  electric  light  wire,  as  within  pro- 
tection of  contractor's  bond.  1917A, 
336. 

In  streets  generally.     1917D,  660. 

Injury  by  wire  in  street.     1915F,  797. 

Injury  to  licensee  by  wire  stretched  across 
lawn.  J916F,  279. 

Interference  with,  by  moving  building  along 
street.  1916C,  1249;  1917C,  772. 


WITHDRAWAL. 

Annotations. 

Right  to  ivithdraw  property  from  auc- 
tion sale  after  it  has  been  offered. 
1917A,  74. 

Hi (jlit  to  repudiate  or  withdraw  resig- 
nation. 1917F,  547. 

From  mutual  combat.    1915C,  893. 

Of  property  from  auction  sale  after  it  has 
been  offered.  1917A,  63. 

Of  bid  for  public  contract.    1915A,  225. 

Of  bid  for  construction  contract  after  ac- 
ceptance. 1917D,  741. 

Injury  to  submerged  land  by  rapid  with- 
drawal of  water  standing  on  it  result- 
ing from  deepening  of  outlet.  1917C, 
1021. 

Of  name  by  candidate  at  primary  election. 
1917A,  996. 


•WITNESSES. 

In  general. 
Competency. 

—  in  general. 

—  husband   or   wife. 

—  effect  of  death. 
Examination. 

—  in  general. 

—  cross-examination. 

—  privilege. 

Impeaching;  discrediting;  corroborat- 
ing. 
Credibility. 


In  general. 

Depositions  of,  see  DEPOSITIONS. 
Opinions  and  conclusions  of,  see  EYIDENCE. 
Privileged    communications    to,    see    EVI- 
DENCE. 
To  wills  generally,  see  WILLS. 

Annotations. 

Former  jeopardy  by  discharge  of  jury 

because  of  matter  affecting  witness. 

1917D,   1148 


Addition  of  name  of  attesting  witness 
.  to  instrument  as  an  alteration. 
1917D,  828. 

Privilege  of  witness  -from  service  of 
process  as  affected  by  route  talcen 
or  time  consumed.  1917B,  252. 

Admonishing  or  warning  witness  by 
judge  in  criminal  case  as  ground 
of  reversal  or  new  trial.  1917E, 
859. 

Suspension  of  attorney  for  offering  to  pay 

witness.     1915A,  514. 
Absence  of,  as  ground  for  discontinuance. 

1916B,  686. 
Prejudicial    error    in    instructions    as    to. 

1915C,  627;  1915E,  721. 
Discharge  of  jury  because  of  youth  of  state's 

witness  as  bar  to  further  prosecution. 

1917D,  1141. 
Addition  of  name  of  witness  to  signature  of 

surety  on  note  as  a  material  alteration. 

1917D,  826. 
Exemption    of,    from    service    of    process. 

1917B,  250. 
Contempt  by.     1915D,  1061;   1916D,  1190; 

1917B,  586. 

Contempt  by  assault  on.     1915D,  569. 
Right  of  accused  to  meet  in  contempt  pro- 
ceedings.    1917B,  113. 
Presumption  from  failure  to  call.     1917B, 

310. 

Competency. 

—  in  general. 

Expert  witness,  see  EVIDENCE. 

Annotations. 

Conviction  in  another  jurisdiction  as 
affecting  competency  of  witnesses. 
1917A,  1138. 

Crimes  which  disqualify  one  as  a  wit- 
ness. 1917F,  898. 

Sufficiency  of  objection  to  competency  of. 
1916C,  351,  1214. 

Trial  judge.     191 5F,  766. 

Persons  convicted  of  crime.  1917A,  1133; 
1917F,  896. 

Wife  of  one  of  two  persons  indicted  for 
burglary  as  competent  witness  in  be- 
half of  the  other.  1915D,  972. 

—  husband  or  wife. 

Confidential  communications  between  hus- 
band and  wife,  see  EVIDENCE. 

Annotations. 

Husband  or  wife  as  witness  against 
the  other  in  criminal  prosecutions. 
1917E,  1133. 

Competency  as  a  witness  of  the  hus- 
band or  wife  of  a  party  to  an  ac- 
tion involving  a  decedent's  estate. 
1917 A,  2. 

Objecting  for  first  time  on  appeal  to  testi- 
mony of  wife.  19 15 A,  564. 

Sufficiency  of  objection  to  competency  of 
husband.  1916C,  351. 

Sufficiency  of  title  of  statute  as  to.  3916F, 
382. 


442 


WITNESSES. 


Construction  of  statute  making  husband 
and  wife  incompetent  to  testify  for  or 
against  each  other  except  concerning 
transactions  in  which  one  has  acted  as 
agent  of  the  other.  1916C,  351. 

Effect  of  statute  making  wife  competent 
witness  against  husband  on  admissibil- 
ity  of  confidential  communications  to 
her.  1916F,  382. 

Wife  of  one  of  two  persons  indicted  for 
burglary  as  competent  witness  in  be- 
half of  the  other.  1915D,  972. 

Eight  of  husband  insuring  property  in 
name  of  wife,  to  testify  in  regard  there- 
to. 1917F,  663. 

Competency  of  husband  to  testify  to  fact 
of  marriage  in  prosecution  of  stranger 
for  commission  of  adultery  with  his 
wife.  1915F,  1087. 

Right  of  married  mother  in  bastardy  pro- 
ceedings to  testify  to  nonaccess  of  hus- 
band. 1916B,  1052. 

Competency  of  wife  as  witness  against  hus- 
band in  prosecution  for  perjury. 
1917E,  1129. 

Competency  of  woman  in  action  by  husband 
to  recover  for  services  rendered  to  per- 
son since  deceased.  1917A,  1. 

Crime  committed  by  one  against  other. 
1915A,  564. 

Effect  of  divorce.  1915C,  870;  1915E,  1141; 
1917F,  935. 

—  effect  of  death. 

Annotation. 

Competency  as  a  witness  of  the  hus- 
band or  wife  of  a  party  to  an  ac- 
tion involving  a  decedent's  estate. 
1917 A,  2. 

Admissibility  of  testimony  of  witness  in  sub- 
sequent action  after  his  death.  1916A, 
983. 

Admissibility  on  second  trial  of  former  evi- 
dence of  witnesses  as  to  transactions 
with  person  dying  in  interval  between 
first  and  second  trial.  1915F,  771. 

Competency  of  heirs  of  deceased  person  to 
give  in  evidence  declarations  of  the  de- 
ceased in  action  in  which  they  are  not 
interested.  1915C,  822. 

Competency  of  defendant  in  action  to  re- 
cover debt  to  estate  of  decedent,  in 
which  the  defense  is  payment,  to  prove 
his  custom  of  paying  his  personal  debts 
by  checks  drawn  and  signed  like  those 
introduced  as  proof  of  payment.  1915C, 
976. 

Competency  of  woman  in  action  by  husband 
to  recover  for  services  rendered  to  per- 
son since  deceased.  191 7 A,  1. 

Competency  of  member  of  partnership  to 
testify  to  settlement  of  affairs  by  an- 
other member  with  third  member  since 
deceased.  191 7 A,  443. 

Examination. 

—  in  general. 

Prejudicial  error  as  to.  1916A,  1190;  191 6D, 
644;  1916E,  763. 


Right  of  counsel  for  accused  when  witness 
has  denied  hostility  to  defendant  to 
state  his  questions  to  another  witness 
called  to  prove  hostility.  1915D,  229. 

Re-examination.     1916F,  1044. 

Leading  questions.     1917D,  591. 

—  cross-examination. 

Prejudicial  error  as  to.  1915A,  232;  1915D, 
1199;  1916D,  1176;  1916E,  420. 

Refusal  in  action  upon  note  by  indorsee 
claiming  to  be  such  bona  fide,  of  cross- 
examination  of  plaintiff's  witness  as  to 
prior  similar  transaction  between  plain- 
tiff and  the  payees  of  the  note,  to  show 
notice.  1916F,  209. 

Right  to  ask  witness,  who  had  testified  that 
he  gave  testimony  in  two  other  cases 
and  in  one  contradicted  that  given  in 
the  other,  why  he  changed  his  opinion. 
1916D,  767. 

To  discredit  witness.  1915B,  131:  1916A, 
1079;  1916D,  1074;  1916F,  1198. 

Of  expert  witness.  1916A,  1079;  1916D, 
1074. 

Of  accused.    1915B,  131. 

Assumption  by  trial  judge  of  burden  of 
cross-examining  accused.  1916A,  1190. 

—  privilege. 

Privilege  of  accused  against  self-crimination. 
1917B,  608;  1917F,  502. 

Impeaching;  discrediting;  corroborat- 
ing. 

Evidence  that  one  acting  as  interpreter  in 
taking  dying  declaration  of  foreigner 
alleged  to  have  been  murdered  was  an 
habitual  user  of  narcotic  drugs.  191GF, 
1198. 

Evidence  that  witness  for  defense  had  re- 
ceived money  from  relative  of  accused. 
1916F,  1044. 

Cross-examination  to  discredit  witness. 
1915B,  131;  1916A,  1079;  1916D,  1074; 
1916F,  1198. 

Discrediting  by  proof  of  indictment  for 
crime.  1915F,  11. 

Discrediting  by  proof  of  conviction  of  crime. 
1917C,  384;  1917F,  11. 

Proof  of  reputation  for  truth  and  veracity. 
1915B,  389. 

Contradiction.    1915F,  601,  888;  1917E.-930. 

Corroboration.    1916F,  1044. 

Credibility. 

As  to  discrediting  witness,  see  supra. 

Annotation. 

Attack  out  of  court  in  presence  of 
jurymen  upon  credibility  of  irif- 
ness  as  (jround  for  new  trial. 
1917B,  248. 

As  question  for  jury.     1917F,  1107. 

Error  in  instruction  as  to.     1915E,  721. 

Cross-examination  for  purpose  of  affecting 
credibility.  1915B,  131. 

New  trial  because  of  incredibility  of  testi- 
mony. 191 5B.  140. 

Attack  on  credibility  of  witness  in  presence 
of  juryman,  as  ground  for  new  trial. 
1917B,  246. 


WITNESSES— WORKMEN'S  COMPENSATION. 


443 


Refusing  to  admit  evidence  as  to  credibility 
of  witness  who  has  not  been  introduced. 
1915D,  972. 


WOMAN   SUFFRAGE. 

Right  generally  of  women  to  vote.  1915F, 
898. 

Power  of  legislature  to  grant  suffrage  to 
women.  1915B,  247. 

Partial  invalidity  of  statute  conferring  suf- 
frage upon  women.  1915B,  247. 

Statute  extending  suffrage  to  women  as  an 
amendment  of  the  existing  election  law. 
1915B,  247. 


WOMEN. 

As  to  suffrage  of,  see  WOMAJ*  SUFFRAGE. 

Annotations. 

Talking  liberties  -with  woman  as  an  as- 
sault. 1917  A,  142. 

Arrest  u-ithout  warrant  of  woman  so- 
liciting or  accosting  men.  1917D, 
697. 

Eligibility  to  office.     1915F,  898. 

Assault  by  taking  liberties  with  woman. 
191 7A,  140. 

Power  of  legislature  to  authorize  appoint- 
ment of,  as  notaries  public.  1917D,  286. 

Regulating  wages  of.     1917C,  944. 

Regulating  hours  of  labor  of.  1915F,  829; 
1916B,  1236;  1917C,  922,  944. 

Indictment  for  requiring  woman  to  work  il- 
legal number  of  hours.  1917C,  922. 


-WORDS. 

As   provocation   for   assault.      1916E,    896. 


•WORKMEN'S  COMPENSATION. 

In  general. 

Construction  of  act  generally. 

Validity    of   statutes. 

Review  of  decisions  of  commission. 

Who  is  an  employee  within  meaning 
of  act. 

"What  employments  are  within  pro- 
visions of  act. 

What  injuries  are  within  provisions 
of  act. 

—  in  general. 

—personal  injury  or  injury  by  ac- 
cident. 

—  injuries    arising    out    of    or    in 

course  of  employment. 

—  serious    and    wilful    misconduct 

of   employee. 
Extent  of  recovery. 
"Who  entitled  to  compensation. 
Actions  to  recover. 


In  general. 

Proximate  cause  of  injury  or  death  of  serv- 
ant. 1916E,  105;  1916F,  955. 

Conflict  of  laws  as  to  rights  of  injured  em- 
ployee. 1916A,  428,  432. 

Effect  of  receiving  compensation  from 
workmen's  compensation  fund  on  em- 
ployee's right  to  sue  third  person  whose 
negligence  caused  the  injury.  1917F, 
1043. 

Right  of  employee  accepting  provisions  of 
Workmen's  Compensation  Act  to  main- 
tain action  for  malpractice.  1916D, 
644;  1916F,  319. 

Review  of  findings  of  fact  by  trial  judge. 
1917A,  76. 

Applicability  of  State  Compensation  Law  to 
injury  on  board  a  ship  at  its  home 
port.  1916A,  436. 

Jurisdiction  to  enforce  right  to  compensa- 
tion for  injury  occurring  outside  of 
state  within  jurisdiction  of  admiralty 
court.  191 6 A,  436. 

Requirement  of  notice  to  employer  of  in- 
jury to  servant  within  certain  time. 
1917A,  76. 

Requirement  of  notice  by  or  to  parent  or 
guardian  of  infant  employee  if  act  is 
not  to  apply.  1917D,  71. 

Necessity  of  express  agreement  in  writing 
prior  to  accident  that  Workmen's  Com- 
pensation Act  shall  not  apply.  1917D, 
71. 

Construction  of  act  generally. 

Annotation. 

Construction  and  effect  of  Workmen's 
Compensation  Act.  1917D,  SO. 

Acceptance  by  injured  employee  of  compen- 
sation from  employer  for  physician's 
services  as  bar  to  action  for  malprac- 
tice against  physician.  1917A,  392. 

Burden  of  proving  that  injury  was  not 
caused  by  employer's  negligence  or  that 
employee  was  wilfully  negligent  or  in- 
toxicated. 1917D,  15. 

Construction  of  provision  that  employer 
electing  not  to  come  under  the  act  can- 
not rely  on  assumption  of  risk  as  a  de- 
fense. 1916B,  1281. 

Effect  of  provision  for  injuries  received  in 
longshore  work  in  one  section  of  the 
act  to  exclude  such  injuries  from  pro- 
visions of  other  section.  1916A,  403. 

Effect  of  Compensation  Act  on  right  to 
maintain  common-law  action  for  injury. 
1916A,  432;  1916D,  637. 

Effect  of  act  on  employee's  right  of  action 
against  third  person.  1916A,  358; 
1916F,  319;  1917F,  1043. 

Effect  of  act  on  right  to  common-law  ac- 
tion for  injury  to  infant  illegally  em- 
ployed. 1917D,  75. 

Validity  of  statutes. 

Annotation. 

Constitutionality  of  Workmen's  Com- 
pensation Statutes.  1917D,  51. 


444 


WORKMEN'S  COMPENSATION. 


Who  may  question  validity  of  act.  1917D, 
15. 

Sufficiency  of  title  of  act.  1916A,  283,  358; 
1916D,  628. 

Estoppel  to  question  validity  of.  1916A, 
374. 

State  statute,  as  interference  with  inter- 
state commerce.  191 6A,  403,  450; 
1916D,  935. 

Act  as  violation  of  right  to  trial  by  jury. 
19171),  10,  15. 

Fact  that  machinery  to  carry  law  into  ef- 
fect conflicts  with  constitutional  limi- 
tations. 1917D,  10. 

Denial  of  equal  protection  of  the  laws. 
V.M71).  1. 

Compensation  Law  as  a  taking  of  private 
property  for  public  use  without  com- 
pensation. 1916D,  412. 

Application  of  Compensation  Act  to  public 
employees  as  violation  of  prohibition 
against  donation  of  public  funds. 
1016D,  628. 

Denial  of  republican  form  of  government 
by  establishment  of  commission.  1917D, 
10. 

Act  as  violation  of  constitutional  provision 
forbidding  legislature  to  limit  amount 
of  recovery  for  injury.  1916A,  389. 

Effect  of  Fifth  Amendment  to  Federal  Con- 
stitution and  validity  of  state  statute. 
1916D,  412. 

Compensation  Act  as  within  police  power. 
1916A,  389. 

Giving  commission  power  to  adjust  com- 
pensation as  unconstitutional  delega- 
tion of  judicial  power.  1917D,  10. 

Statute  as  a  taking  of  property  without  due 
process  of  law.  1916A,  403;  1917D,  1. 

Abolishing  common-law  right  of  action. 
1916A,  403;  1916D,  412. 

Validity  of  method  of  determining  compen- 
sation. 1916D,  412. 

Permitting  commission  to  find  the  facts  or 
fix  the  compensation.  1917D,  10,  15. 

Effect  of  exclusion  of  farm  -laborers  and 
domestic  servants  from  compulsory  com- 
pensation scheme.  1916D,  412;  1917D, 
1,  15. 

Exclusion  of  casual  employees  from  opera- 
tion of  act.  1916D,  412;  1917D,  15. 

Providing  compensation  for  persons  injured 
while  in  employment  of  county  to  ex- 
clusion of  those  injured  while  merely 
inhabitants  of  the  county.  1916D,  628. 

Excluding  from  operation  of  act  interstate 
railroad  employees  subject  to  laws  of 
United  States.  1916D,  412. 

Provision  that  where  employer  and  employee 
reject  act,  liability  of  employer  shall 
be  the  same  as  though  employee  had  not 
rejected  it.  1917D,  15. 

Provision  that  election  of  employer  and 
employee  to  accept  method  of  making 
compensation  provided  by  the  act  shall 
be  a  surrender  of  their  right  to  any 
other  method,  form  or  amount  of  com- 
pensation. 1916D,  412. 

Making  presumptively  fraudulent  any  agree- 
ment as  to  a  claim  within  operation 
of  Workmen's  Compensation  Act  made 
within  a  specified  time  after  injury. 
1917D,  15. 


Forbidding  contracts  to  relieve  employer 
of  liability  imposed  by  act,  or  requir- 
ing employees  to  pay  for  the  insurance. 
1917D,  15. 

Rendering  void  rejection  by  employee  of  the 
act  by  suggestion  of  the  employer. 
1917D,  15. 

Requirements  as  to  security  of  payment  of 
compensation.  1917D,  1. 

Depriving  employer  who  rejects  act  of  cer- 
tain defenses,  or  casting  on  him  the 
burden  of  showing  freedom  from  negli- 
gence. 1916A,  389;  1916D,  412;  1917D, 
15. 

Validity  of  provision  abolishing  defense  of 
assumption  of  risk.  1917D,  71. 

Provision  that  where  injured  employee  has 
a  cause  of  acton  against  his  employer 
and  a  third  party  he  may  proceed 
against  either,  but  not  against  both. 
1916D,  412. 

Provision  for  subrogation  of  employer  to 
employee's  rights  against  a  third  partv. 
1916D,  412. 

Provision  limiting  distribution  of  recovery 
to  those  dependent  on  employee  and 
providing  that  in  the  absence  of  de- 
scendants the  recovery  shall  be  paid 
into  the  compensation  fund  for  the 
benefit  of  the  class  to  which  the  em- 
ployee belongs.  1916A,  389. 

Provisions  as  to  presumptions  and  prima 
facie  rule  of  evidence.  1916D,  412. 

Giving  employee  full  compensation  where 
existing  malady  is  aggravated  by  in- 
jury. 1916D,  1000. 

Review  of  decisions  of  commission. 

Raising  question  for  first  time  on  appeal. 
1916F,  957. 

Jurisdiction  to  review  acts  of  commission 
as  original  and  not  appellate.  1916A, 
329. 

Questions  reviewable  upon  appeal  from  order 
dismissing  petition  on  ground  that  stat- 
ute did  not  apply.  1917B,  767. 

Binding  effect  on  courts  of  award  ren- 
dered against  person  not  subject  to  the 
operations  of  the  act.  1916E,  321. 

Law  arising  upon  facts  ascertained  by  com- 
mission as  question  for  court  reviewing 
the  decision.  1916C,  1203. 

Right  of  court  to  determine  questions  of 
law  as  to  what  injuries  are  within 
operation  of  the  statute.  1916A,  295. 

Review  by  courts  of  questions  of  law  only. 
19 16 A,  299. 

Limiting  inquiry  by  court  into  facts  to 
determination  whether  award  is  unau- 
thorized in  law,  or  is  so  unreasonable 
as  to  justify  judicial  interference. 
1916A,  436. 

Findings  of  trial  court  on  certiorari  to 
review  award.  1917F,  1094. 

Review  of  evidence  upon  which  finding  is 
based.  1916A,  17. 

Right  of  losing  party  to  argue  on  appeal 
that  findings  are  not  supported  by  the 
evidence.  1916A,  321. 

Collusiveness  on  court  of  finding  that  in- 
jury to  employee  was  not  caused  by  his 
wilful  misconduct.  1916A,  348. 


WORKMEN'S  COMPENSATION. 


445 


Review  of  finding  as  to  accidental  nature  of 
death.  1916D,  641. 

Review  of  findings  generally.    1917E,  847. 

Right  of  court  to  determine  what  consti- 
tutes living  together  of  husband  and 
wife  within  meaning  of  the  act.  1916A, 
366. 

Review  by  courts  of  question  of  dependency 
of  claimant.  1916A,  430. 

Right  of  court  to  exercise  its  own  judgment 
as  to  kind  of  decree  to  be  entered. 
1916A,  306. 

Who  is  an  employee  within  meaning 
of  act. 

Annotation. 

Who  is  an  employee  within  meaning  of 

Workmen's       Compensation       Act. 

1917D,  145. 

Sheriff  as  employee  of  state  within  meaning 

of  act.     1916C,  1087. 
Who  is  an  independent  contractor  excluded 

from  benefits  of  act.    1916E,  506. 
Right  of  superintendent  to  benefit  of  act. 

1916E,  1257. 
Who   is   a  casual   employee.     1916A,    363; 

1916E,  329,  506. 

What  employments  are  within  pro- 
visions of  act. 

Annotation. 

To  what  employments  cotnpensation 
acts  are  applicable.  1917D,  15O. 

Employee  working  outside  of  state.  1916A, 
436;  1916D,  637;  1917B,  767;  1917E, 
642,  645. 

Employees  engaged  in  interstate  commerce. 
1916A,  403,  436;  1916D,  412,  935. 

Right  of  state  to  extend  act  to  injuries 
occurring  on  local  waters  within  ad- 
miralty jurisdiction  of  the  United 
States.  1916A,  446. 

What  injuries  are  within  act  providing  com- 
pensation for  injury  by  work  in  any 
shop,  mill,  factory  or  other  place  in 
connection  with  machinery  propelled  by 
steam  or  other  mechanical  power. 
1916A,  10. 

Excluding  farm  laborers,  domestic  servants 
and  casual  employees  from  operation  of 
statute.  1916D,  412;  1916E,  626; 
1917D,  1,  15. 

What  injuries  are  within  provisions 
of  act. 

—  in  general. 

Question  for  jury  as  to  whether  injury  is 
within  terms  of  the  act.  1916A,  295. 

Right  of  court  on  appeal  to  determine  ques- 
tions of  law  as  to  what  injuries  are 
within  operation  of  the  statute.  1916A, 
295. 

Restricting  compensation  to  injuries  caused 
Iiy  visual  contact  or  direct  lesion. 
19 16 A,  279. 


Effect  of  mere  negligence  or  carelessness  of 
employee  to  preclude  right  of  compen- 
sation. 1916D,  1013. 

Malpractice  of  surgeon  secured  by  employer. 
1916F,  319. 

Injuries  arising  out  of  state.  1917E,  642, 
645. 

—  personal  injury  or  injury  by  acci- 

dent. 

Annotation. 

What  is  an  accident  or  personal  in- 
jury. 1917D,  1O3. 

Review  of  finding  as  to  accidental  nature  of 
death.  1916D,  641. 

Exhaustion  caused  by  overwork  followed  by 
pneumonia  and  death.  1917D,  77. 

Heart  failure  due  to  exertion  in  performing 
duty.  1917D,  64. 

Strain  of  muscles,  causing  incapacity,  by 
lifting  in  performance  of  duties  of  em- 
ployment. 1916D,  966. 

Injury  to  weak  heart,  incapacitating  its 
owner,  by  performance  of  duties  of  em- 
ployment. 1916D,  1000. 

Paralysis  due  to  cerebral  hemorrhage  in  one 
suffering  from  arterial  sclerosis  because 
of  prolonged  exertion  in  a  hot  room. 
1916D,  1277. 

Typhoid  fever  contracted  through  negligent 
contamination  of  drinking  water  fur- 
nished by  employer.  1916A,  273. 

Blindness  through  optic  neuritis  due  to 
poisonous  gases  from  furnace.  1916A, 
279. 

Blood  poisoning  from  abrasion  of  skin  re- 
ceived in  course  of  employment.  1916A, 
281. 

Loss  of  workman's  eye  by  gonorrheal  infec- 
tion following  accident.  1917F,  1094. 

Hernia  resulting  from  accident.  1916A, 
295,  299;  1917E,  504. 

Occupational  diseases.  1916A,  283;  1916B, 
1227. 

—  injuries  arising  out  of  or  in  course 

of  employment. 

Annotation. 

What  is  an  injury  "arising  out  of  or  in 

the    course    of"    the    employment. 

1917D,    114. 

Limiting  recovery  to  injuries  rising  not 
only  "in  course  of"  but  also  "out  of" 
employment.  1916C,  1203  ;  1916D,  970. 

Injuries  caused  by  the  employer's  negli- 
gence. 1916A,  273. 

Injury  in  course  of  travel  to  employee's 
place  of  work,  not  on  premises  of  em- 
ployer. 1916A,  327,  329. 

Injury  while  seeking  toilet  facilities  outside 
of  place  of  employment.  1916A,  315. 

Injury  on  staircase  not  under  employer's 
control,  but  affording  only  means  of  ac- 
cess to  workroom,  while  leaving  prem- 
ises for  purpose  of  procuring  luncheon. 
1916A,  318. 

Injury  by  fall  on  slippery  street  while  em- 
ployee was  returning  to  his  home. 
1916A,  .310. 


446 


WORKMEN'S  COMPENSATION. 


Injury  to  member  of  railroad  gang  struck 
by  train  while  walking  along  track, 
after  quitting  work,  to  bunk  house. 
1917D,  69. 

Injury  to  boy  employed  to  deliver  packages 
on  bicycle  by  being  run  over  by  vehicle 
on  highway.  1916F,  576. 

Injury  to  insurance  agent  by  overturning 
of  automobile  of  customer.  1917B,  249. 

Injury  to  employee  struck  by  automobile 
while  going  from  one  job  to  another. 
1917A,  252. 

Injury  to  motorman  when  attempting  out 
of  working  hours  to  board  car  to  visit 
official  watch  inspector.  1917A,  250. 

Fall  from  roof  to  which  workman  had  gone 
to  get  air  and  cool  off  because  of  op- 
pressive heat  in  workroom.  1916D,  641. 

Death  by  lightning.     1916A,  339,  342,  344. 

Injury  during  altercation  with  fellow  work- 
man as  to  proper  way  to  perform  duty. 
1917A,  344. 

Injury  received  by  employee  of  one  con- 
tractor in  extricating  employee  of  an- 
other contractor  from  cave-in.  1917A, 
347. 

Death  by  poisoning  occasioned  by  drinking 
poisonous  fluid  under  the  impression 
that  it  was  drinking  water.  1916D, 
1013. 

Death  of  employee  engaged  in  installing  ma- 
chinery in  factory  of  one  other  than 
his  employer  through  mistake  in  at- 
tempting to  take  medicine  said  to  be 
kept  at  designated  place  in  the  factory. 
1917A,  349. 

Drowning  of  employee  or  fall  upon  rocks 
while  engaged  in  performance  of  duty. 
1916A,  10. 

Injury  to  employee  on  tugboat  while  at- 
tempting to  return  to  boat  after  going 
to  shdre  for  purpose  of  his  own.  1917B, 
336. 

Injury  to  employee  during  noon  hour  while 
on  master's  premises.  1917E,  324. 

Injury  to  miner  in  leaving  mine  at  end  of 
day's  work.  1917B,  372. 

Injury  to  dishwasher  in  restaurant  from  fall 
of  ceiling.  1917B,  595. 

Prolongation  of  disabling  effects  of  injury 
by  negligent  surgical  treatment. 
1916E,  1210. 

Gonorrheal  infection  of  eye  injured  by  steel 
splinter  in  the  course  of  employment. 
1916A,  323;  1916C,  1139. 

Death  from  heart  disease  due  to  exertions 
in  saving  personal  effects  in  emergency. 
1916A,  321. 

Frostbite,  resulting  in  erysipelas  and  death, 
suffered  during  performance  of  duty. 
1916E,  584. 

Injury  to  hack  driver  falling  from  his  seat 
through  dizziness  induced  by  disease. 
1916D,  154. 

Death  by  fall  in  course  of  employment  be- 
cause of  epileptic  seizure.  1917E,  r>-22. 

Death  from  pneumonia  of  employee  who,  be- 
cause of  prior  injuries,  suffers  lapse  of 
memory  while  in  discharge  of  duties 
and  wanders  away  into  a  swamp. 
1916A,  337. 


Recovery  for  death  by  suicide  of  employee 
while  mind  was  deranged  as  result  of 
injuries.  191 6A,  323. 

Occupational  diseases.     1916E,  510. 

Killing  of  night  watchman  by  police  officer 
under  mistaken  belief  that  he  was  a 
robber.  1916D,  933. 

Assault  by  trespasser.  1916A,  304;  191 7K, 
847. 

Assault  on  bartender  by  patron  of  saloon. 
1916F,  957. 

Assault  by  fellow  employee.  1916A,  306; 
1916D,  968,  970. 

Injury  which  was  the  result  of  horseplay 
or  skylarking  of  employees.  1916Cr 
1203;  1916F,  1164. 

Injury  by  compressed  air  in  hands  of  fel- 
low servants.  1916D,  968. 

Injury  to  employee  falling  down  steps  be- 
cause of  playful  act  of  passing  em- 
ployee. 1916F,  1164. 

Injury  by  collision  with  coemployee  in  run- 
ning to  register  on  time  clock.  l!Mt;.\, 
22. 

Injury  to  employee  by  hand  coming  in  con- 
tact with  revolving  fan  in  pipe  convey- 
ing heated  air  while  attempting  to  place 
luncheon  to  heat  in  the  pipe.  1916D, 
86. 

Injury  to  employee  engaged  to  run  engine 
in  basement  while  attempting  to  oper- 
ate elevator  for  accommodation  of  other 
employees.  1916A,  17. 

Aggravation  by  boxing  match,  of  wound  re- 
ceived in  course  of  employment,  caus- 
ing permanent  injury  to  hand.  1916A, 
14. 

—  serious  and  wilful  misconduct  of 
employee. 

Annotation. 

What  constitutes  "serious  and  u-ilfnl 
misconduct"  of  employee.  1917D, 
132. 

Burden  of  proof  as  to.    1917D,  15. 

Conclusiveness  on  court  of  finding  that  in- 
jury to  employee  was  not  caused  by 
his  wilful  misconduct.  1916A,  348. 

Refusal  to  submit  to  operation  after  injury. 
1916A,  381. 

Injury  caused  by  voluntary  intoxication. 
1916A,  348. 

Denying  alcoholism  after  injury.  1916F, 
"055. 

Driving  automobile  at  speed  prohibited  by" 
statute.  1916D,  903. 

Killing  of  night  watchman  in  affray  with 
police  officers  whom  he  mistakes  for 
robbers.  1916D,  933. 

Taking  hold  of  motor  truck  to  get  a  tow,  by  • 
boy   employed    to   deliver   packages   on 
bicycle.     1916F,  576. 

Attempting  to  descend  from  roof  of  build- 
ing by  means  of  loose  rope  instead  of 
by  ladder  provided.  1916A,  352. 

I 

I  Extent  of  recovery. 

Annotation. 

Compensation  recoverable.  19171s, 
164. 


WORKMEN'S  COMPENSATION— WRIT  AND  PROCESS. 


447 


First  objecting  on  appeal  to  form  or  amount 
of  award.  1916F,  957. 

Validity  of  provisions  of  act  permitting  com- 
mission to  determine.  1917D,  10,  15. 

Validity  of  method  of  determining.  1916D, 
412. 

Right  to  award  lump  sum  instead  of  period- 
ical payments  without  consent  of  par- 
ties. 1916D,  970;  1916F,  957. 

Computation  of  daily  wages  of  injured  em- 
ployee. 1917E,  277. 

Determination  of  average  weekly  wage  as 
basis  for  compensation.  1917E,  765. 

Average  weekly  compensation  of  employee 
working  for  several  employers.  1916A, 
371. 

Extent  of  recovery  by  representative  of  one 
entitled  to  award  who  dies  pending  ne- 
gotiations for  payment  of  lump  sum  in 
lieu  of  weekly  allowance.  1917E,  765. 

Extent  of  allowance  for  medical  services. 
1916A,  1;  1916F,  957. 

Allowance  for  services  of  nurse.     1916A,  1. 

For  disability  resulting  from  aggravation 
of  existing  heart  trouble  by  work  re- 
quired. 19]  6D,  1000. 

What  constitutes  partial  disability  within 
meaning  of  act.  1916B,  1276. 

What  constitutes  total  loss  of  eye.  1916C, 
1139. 

Compensation  as  for  a  total  disability  of 
one  disabled  from  following  particular 
calling  at  which  he  was  engaged  at  the 
time  of  injury.  1916A,  371. 

Allowing  compensation  for  full  time  during 
which  injured  employee  was  unable  to 
obtain  work,  though  he  was  able  to  per- 
form labor  in  much  less  time  if  he 
could  have  procured  it.  1916A,  378. 

Who   entitled  to   compensation. 
Annotation. 

Who  are  dependents  within  meaning 
of  act.  1917D,  157. 

Burden  of  establishing  right  to  compensa- 
tion. 1916A,  333. 

Review  by  court  of  question  of  dependency 
of  claimant.  19 16 A,  430. 

Father  of  minor  employee  as  a  dependent. 
1916E,  110. 

Right  of  minor  child  to  share  with  mother 
in  recovery  for  death  of  husband  and 
father  in  absence  of  evidence  to  show 
dependency.  1916A,  306. 

Right,  upon  death  of  widow  of  deceased  em- 
ployee, of  his  minor  child  to  the  award 
to  which  she  was  entitled.  1917E,  765. 

Right  of  personal  representative  nf  depend- 
ent person  to  award.  1916D,  944. 

When  husband  and  wife  are  living  together 
within  meaning  of  the  act.  1916A, 
*  366:  1916C,  1142,  1145. 

When  wife  is  living  apart  from  husband  for 
justifiable  cause.  1916C,  1145. 

Depriving  father  of  compensation  for  death 
.  of  son  because  of  latter's  refusal  to 
submit  to  operation.  1916E,  110. 

Actions  to  recover. 

Waiver  of  right  to  jury  trial.     1916D,  412. 
Question  for  jury.     19i6A,  295. 


Giving  claimant  benefit  of  inferences  aris- 
ing in  his  favor  from  facts  proved. 
1916A,  299. 

Presumption  and  burden  of  proof.  1917D, 
15. 

Error  in  admission  of  evidence.  1916E, 
1201. 

Evidence  as  to  circumstances  of  injury. 
1916E,  1201. 

Sufficiency  of  proof  of  cause  of  injury. 
1916E,  1201. 

Sufficiency  of  evidence  to  establish  accident- 
al injury  in  course  of  employment. 
1916A,  299. 

What  should  be  included  in  draft  finding 
of  facts.  1916E,  506. 


WORKS  OF  NECESSITY  AND 
CHARITY. 

See  SUNDAY. 


WORSHIP. 

Freedom  of,  see  CONSTITUTIONAL  LAW. 


WRECK. 

Annotation. 

Wreck     as     an     attractive     nuisance, 
1917F,  1931. 

On  railroad  right  of  way,  as  an  attractive 
nuisance.  1917F,  1024. 


WRIT  AND  PROCESS. 

In  general. 
Service. 

—  in  general. 

—  on  corporation. 

—  by  publication. 
Privilege;  exemption. 

—  from   service  of  summons. 
Return;  proof. 


In  general. 

Annotations. 

Typewritten,  printed,  or  stamped  sig- 
nature of  legal  process  or  other 
legal  papers.  1917B,  2S5. 

Effect  of  defects  or  omission  in  copy 
of  writ  or  process  delivered  to  per- 
son served.  1917C,  ISO. 

Sufficiency  of  warrant  to  hold  stockholder^ 
in  foreign  corporation  liable  as  part- 
ners. 191 7B,  572. 

Sufficiency  and  necessity  of  process  in  at- 
tachment suit.  1917B,  395. 

Name  of  party.  1915B,  1145,  1149;  1917B, 
395. 


448 


WRIT  AND  PROCESS — ZOOLOGICAL  GARDENS. 


Lack  of  date  and  signature  of  clerk  on  copy 
of  writ  delivered  to  garnishee.  1917C, 
148. 

Typewritten  signature  of  attorney  on  sum- 
mons. 1917B,  281. 

Amendment.    1916D,  220. 

Service. 

—  in  general. 

Necessity  of  service  to  support  judgment, 
see  JUDGMENT. 

Annotations. 

Constructive  or  substituted  service  on 
resident  in  action  in  personam  as 
due  process  of  law.  1917C,  1143. 

Attack  on  divorce  decree  for  defects 
in  service  of  process.  1917B,  435. 

Constructive  service  of  process  in  suit 
to  set  aside  divorce.  1917B,  5O9. 

Extraterritorial  effect  of  decree  of  di- 
vorce rendered  on  constructive 
service.  1917B,  1O32. 

Contempt  in  violating  injunction  against 
service  of.  1917E,  650. 

Review  on  appeal  of  ruling  sustaining  serv- 
ice. 1917C,  148. 

Necessity  of  service  to  support  foreign  de- 
cree. 1917B,  1028. 

Sufficiency  of  service  to  support  judgment 
of  a  sister  state.  191 5 A,  1186. 

Serving  summons  in  foreign  state  when  both 
parties  are  residents  of  the  state. 
1917B,  749. 

Service  of  summons  by  telephone.  1915D, 
427. 

—  on  corporation. 

What  is  carrying  on  business  within  state 
by  foreign  corporation  which  will  sus- 
tain service  of  process  on  officer.  1916E, 
241. 

On  agent.  1916E,  232;  1916F,  359,  407, 
451;  1917E,  1152. 

On  managing  agent.  1917F,  890. 

Effect  of  failure  to  appoint  agent  on  whom 
process  may  be  served  on  right  of  for- 
eign corporation  to  enforce  contracts. 
1915D,  665. 

—  by  publication. 

Annotations. 

Service  by  publication  on  resident  in 
action  in  personam  as  due  process 
of  law.  1917C,  1143. 

Constructive  service  of  process  in  suit 
to  set  aside  divorce.  1917B,  5O9. 

Extraterritorial  effect  of  decree  of  di- 
vorce rendered  on  constructive 
service.  1917B,  1O32. 

Power  to  grant  alimony  in  a  divorce 
proceeding  on  service  by  publica- 
tion. 1917F,  1161. 

Service  by  publication  to  give  jurisdic- 
tion of  issues  between  nonresident 
and  resident  claimants  to  benefits 
under  an  insurance  policy.  1917B, 
393. 


Competency  of  wife  as  witness  against  hus- 
band in  prosecution  for  perjury  based 
on  making  false  affidavit  in  divorce  pro- 
ceedings to  procure  constructive  service 
upon  her.  1917E,  1129. 

Jurisdiction  to  reform  instrument  as  against 
nonresident  served  by  publication. 
1917B,  385. 

Personal  decree  against  nonresident  served 
only  by  publication.  1915B,  881;  1917F, 
458. 

Personal  judgment  for  alimony  on  service 
by  publication.  1917C,  1140. 

Enforcing  alimony  obligations  of  nonresi- 
dent served  only  by  publication  out  of 
his  bank  deposit  in  a  local  bank. 
1917F,  1159. 

Affidavit  for.    1917C,  148,  171. 

Privilege;  exemption. 

—  from    service   of   summons. 

Annotations. 

Privilege  of  suitor  or  witness  from 
service  of  process  as  affected  by 
route  taken  or  time  consumed. 
1917B,  252. 

Exemption  of  attorney  from  service  of 
summons  tchile  in  jurisdiction  on 
legal  business.  1917B,  893. 

Of  attorney  at  law.    1917B,  888;  1917C,  431. 
Of  party.  1915A,  694;   1916A,  734;   1916E, 

1170;   1917C,  905. 
Of  witnesses.     1917B,  250. 

Retnrn;  proof. 

Sufficiency  of  return.  1917F,  890. 
Amendment  of  return.  1917C,   148. 


WRITINGS. 

Best  and  secondary  evidence  of  contents  of, 

see  EVIDENCE. 

Parol  evidence  as  to,  see  EVIDENCE. 
Sufficiency  of  evidence  to  overcome,  see  Evi- 

DENCE. 


"WRIT  OF  ERROR. 

See  APPEAL  AND  ERROR. 


X-RAY. 

Admissibility  in  evidence  of  X-ray  pictures. 

1915F,  803. 
Judicial  notice  of  danger  in  use  of.  1915D, 

201. 


Y.  M.  C.  A. 

Exemption  of,  from  taxation.  1916D,  272. 


ZOOLOGICAL    GARDENS. 


Mistake  in  name  of  party  in  service  by  pub-    Municipal  liability  for  injuries  by  animals 
lication.  1915B,  1149.  in.     1917A,  399. 


TABLE  OF  CASES. 


Aattolm  v.  People   (L.R.A.1915D,  215,  211 

N.  Y.  406,  105  N.  E.  647) 
Abbott  v.  Anderson  (L.R.A.1915F,  668,  265 

111.  285,  106  N.  E.  782) 
Abeles,  Reese  v. 
Abernathy,  Mitchell  v. 
Abstract    &    Real    Estate    Co.    v.    Coffman 
(100    Ark.    582).      See    Paragould 
Abstract  &  Real  Estate  Co.  v.  Coff- 
man. 
Accident  Co.  v.  Willis  (—  Okla.  — ).     See 

Union  Acci.  Co.  v.  Willis. 
Acetylene  Co.  v.  Hughes    (126    Md.    437). 
See     Oxweld     Acetylene     Co.     v. 
Hughes. 
Ackeret  v.  Minneapolis  (L.R.A.1915D,  1111, 

129  Minn.  190,  151  N.  W.  976) 
Acme    Coal    Co.    v.    Northrup    Nat.    Bank 
(L.R.A.1915D,    1084,   —  Wyo.   — , 
146  Pac.  593) 

Acme  Realty  Co.  v.  Schinasi  (L.R.A.1916A, 

1176,  215  N.  Y.  495,  109  N.  E.  577) 

Acme  White  Lead  &  Color  Works,  Adams  v. 

Actiesselskabet    Ingrid   v.    Central    R.    Co. 

(L.R.A.1916B,  716,  132  C.  C.  A.  316, 

665,  216  Fed.  72,  991) 

Adams,  Re    (L.R.A.1915C,  95,  —  Iowa,  — , 

149  N.  W.  531) 

v.  Acme  White  Lead  &  Color  Works 
(L.R.A.1916A,  283,  182  Mich.  157, 
148  N.  W.  485) 

v.  Boston    Elev.    R.    Co.    (L.R.A.1917F, 
165,  222  Mass.  350,  110  N.  E.  965) 
Boston  Safe  Deposit  &  T.  Co.  v. 
Central  Hospital  for  the  Insane  v. 
v.  Com.  (L.R.A.1916C,  651,  162  Ky.  76, 

171  S.  W.  1006) 
Embrey  v. 
Everly  v.   . 
McKinney  v. 
Morrow  v. 
v.  Southern  R.  Co.  (L.R.A.1916D,  1183, 

-  S.  C.  — ,  87  S.  E.  1007) 
v.  Tanner  (L.R.A.1917F,  1163,  244  U.  S. 
590,  61  L.  ed.  1336,  37  Sup.  Ct.  Rep. 
662) 

Whelan  v. 

Adams  &  Co.,  American  Nat.  Bank  v. 
Adams  Exp.  Co.,  Ellison  v. 

v.  Kentucky  (L.R.A.1916C,  273.  238  U. 
S.  190.  59  L.  ed.  1267,  35  Sup.  Ct. 
Rep.  824) 
West  Virginia  v. 

Adriatic  Min.  Co.  v.   District  Court.     See 
State  ex  rel.  Adriatic  Min.  Co.  v. 
District  Court. 
L.R.A.  Tri.  Index  1915-17.— 29. 


Advance  Thresher  Co.  v.  Klein  (L.R.A.1916C, 

514,  28  S.  D.  177,  133  N.  W.  51) 
.3£tna  Brewing  Co.,  Linnane  v. 
JEtna  Ins.  Co.  v.  Heidelberg  (L.R.A.1917B, 

253,  —  Miss.  — ,  72  So.  852) 
Riley  v. 

JEtna  L.  Ins.  Co.,  Elliott  v. 
Cans  v. 
Marquet  v. 
Moore  v. 
v.  National  Union  F.  Ins.  Co.   (L.R.A. 

1916A,  784,  —  Neb.  — ,  153  N.  W. 

553) 
v.  Portland  Gas  &  C.  Co.  (L.R.A.1916D, 

1027,  229  Fed.  552) 

.ffitna  Powder  Co.,  Crowder  State  Bank  v. 
Afton,  Re  (L.R.A.1915D,  978,  43  Okla.  720, 

144  Pac.  184) 
Agar  v.  Streeter  (L.R.A.1915D,  196,  —  Mich. 

— ,  150  N.  W.  160) 
Agency  Co.  v.  Barrel  Co.  ( —  Minn.  — ).    See 

Barber  Agency  Co.  v.  Co-operative 

Barrel  Co. 

Agnew,  Memphis  &  A.  City  Packet  Co.  v. 
Agricultural  Chemical  Co.  v.  Scrimger   (  — 

Md.     — ).     See     American     Agri. 

Chemical  Co.  v.  Scrimger. 
Aikins,  State  v. 
Ains  v.  Hayes  (L.R.A.1917F,  1086,  —  Conn. 

— ,  101  Atl.  579) 
Ainsworth,  Calhoun  v. 
Aitken,  Steidl  v. 
Aiton    v.    Board    of    Medical    Examiners 

(L.R.A.1915A,  691, 13  Ariz.  354,  114 

Pac.  962) 

Ajax  Live  Stock  Co.,  Ellinghouse  v. 
Akers,  Compton  v. 

Alabama  Fuel  &  Iron  Co.,  State  v. 
Alabama   G.   S.   R.   Co.,   Railroad    Commis- 
sion v. 

Alaska  Barge  Co.,  Alaska  Coast  Co.  v. 
Alaska    Coast    Co.    v.    Alaska    Barge    Co. 

(L.R.A.1915C,  423,   79  Wash.   216, 

140  Pac.  334) 

Alaska  Gastineau  Min.  Co.,  Macario  v. 
Alaska  S.  S.  Co.,  Larson  v. 
Albany,  Farkas  v. 
Albuquerque,  Palmer  v. 
Alden  Coal  Co.,  Com.  v. 
Alessi  v.  Fitzgerald  (L.R.A.1916F,  1135,  217 

Mass.  576,  105  X.  E.  437) 
Alexander  v.  Alexander  (L.R.A.1917D,  984. 

—  Okla.  — ,  164  Pac.  114) 
Charlotte  v. 
v.  Clarkson"    (L.R.A.1917F,    1006,    100 

Kan.  294,  164  Pac.  294) 
T.  Coyne    (L.R.A.1916D,   1039,   143  Ga. 

696,  85  S.  E.  831) 

449 


450 


TABLE  OF  CASES. 


Alexander  v.  Elkins  (L.R.A.1916C,  261,  132 

Tenn.  663,  179   S.  W.  310) 
National  Union  F.  Ins.  Co.  v. 
v.  Wilkes-Barre    Anthracite    Coal    Co. 

(L.R.A.1917B,   310,   —   Pa.   — ,   98 

Atl.  794) 
Alford,  State  v. 
Algoe  v.   Pacific   Mut.  L.  Ins.  Co.    (L.R.A. 

1917A,    1237,    91    Wash.    324,    157 

Pac.  993) 
Algonite  Stone  Mfg.  Co.  v.  Fidelity  &  D. 

Co.    (L.R.A.1917D,    722,    100   Kan. 

28,  163  Pac.  1076) 
Allegany  County,  Harris  v. 
Allegheny  County  Light  Co.,  Geroski  v. 
Alleman   v.   Sayre    (L.R.A.1917D,   1002,  — 

W.  Va.  — ,  91  S.  E.  805) 
Allen,  Beshirs  v. 

v.  Chicago,  R.  I.  &  P.  R.  Co.   (L.R.A. 

1916E,  1092,  —  Tenn.  — ,  185  S. 

W.  713) 
v.  Kitchen  (L.R.A.1917A,  563,  16  Idaho, 

133,  100  Pac.  1052) 
Louisville  &  N.  R.  Co.  v. 
Morecraft  v. 
Morton  v. 
v.  Puritan  Trust  Co.  (L.R.A.1915C,  518, 

211  Mass.  409,  97  N.  E.  916) 
V.  Scheib  (L.R.A.1917F,  446,  —  Pa.  — , 

101  Atl.  102) 
v.  State    (L.R.A.1917E,  1085,  —  Okla. 

Grim.  Rep.  — ,  165  Pac.  745) 
v.  State    (L.R.A.1917F,    210,    —   Okla. 

Crim.  Rep.  — ,  164  Pac.  1002) 
Stevens  v. 

Yates  Center  Nat.  Bank  v. 
Allen  &  Wheeler  Co.,  Hanover  Star  Milling 

Co.  v. 

All  Night  and  Day  Bank,  Hartford  v. 
All  Persons  Claiming.  Any  Interests  in  Cer- 
tain Real  Estate,  Faxon  v. 
Allred  Re    (L.R.A.1916C,  946,  —  N.  C.  — , 

86  S.  E.  1047) 
Althoff,  Milwaukee  v. 

Amalgamated    Copper   Co.,   Copper   Securi- 
ties Co.  v. 
Amberg  v.  Kinley   (L.R.A.1915E,  519,  214 

N.  Y.  531,  108  N.  E.  830) 
Amend,  Jinnings  v. 
Americana  Co.,  Munn  &  Co.  v. 
American   Agri.   Chemical  Co.  v.   Scrimger 

(L.R.A.1917F,  394,  —  Md.  — ,  100 

Atl.  774) 

American  Brewing  Co.,  Serio  v. 
American  C.  Ins.  Co.,  Morgan  v. 
American  Clay  Mach.  Co.,  Petersburg  Fire 

Brick  &  Clay  Co.  v. 
American  Coal  Co.,  Griffith  v. 
American  Colonization  Soc.  v.  Soulsby 

(L.R.A.1917C,  937,  129  Md.  605,  99 

Atl.  944) 

American  Express  Co.,  Clark  Distilling  Co.  v. 
American    Fidelity    Co.    v.    Echols    (L.R.A. 

1916D,  1176,  —  Okla.  — ,  155  Pac. 

1160) 

American  Gas  Co.,  Columbus  v. 
American  Ins.  Co.,  Dinneen  v. 

Wiig  v. 
American     Locomotive     Co.     v.     National 

Wholesale     Grocery     Co.     (L.R.A. 

1917D,  1125,  226  Mass.  314,  115  N. 

E.  404) 


American  McKenna  Process  Co.,  Dougherty 

v. 

American  Mfg.  Co.  v.  Anderson.     See  State 
ex  rel.  American  Mfg.  Co.  v.  Ander- 
son. 
v.  Crescent  Drug  Co.  (L.R.A.1917D,  482, 

—  Miss.  — ,  73  So.  883) 
American  Music  Stores  v.  Kussel    (LJI.A. 

1916F,  882,  232  Fed.  306) 
American  Nat.  Bank  v.  Adams  &  Co.  (L.R.A. 
1915B,  542,  —  Okla.  — ,  143   Pac. 
508) 
v.  Douglas   (L.R.A.1917B,  588,  —  Ark. 

— ,  189  S.  W.  161) 

American  Nat.  Ins.  Co.  v.  Otis  (L.R.A. 
1916E,  875,  122  Ark.  219,  183  S. 
W.  183) 

American  Oil  Development  Co.,  Steele  v. 
American  Publishers'  Asso.,  Straus  v. 
American  Radiator  Co.,  Winter  v. 
American  R.  Co.  v.  Coronas   (L.R.A.1916E, 

1095,  230  Fed.  545) 

American  Sav.  Bank  &  T.  Co.  v.  National 
Surety   Co.    (L.R.A.1916F,  435,  — 
Wash.  — ,  157  Pac.  877) 
American  Steel  &  Wire  Co.,  Miller  v. 
American  Suburban  Corp.,  McMillan  v. 
American  Surety  Co.,  Greenius  v. 

v.  Stebbins,  L.  &  S.  Co.   (L.R.A.1916F, 

583,  —  Tex.  — ,  180  S.  W.  101) . 
Yawger  v. 
American     Window     Glass     Co.,    Wheeler- 

Stenzel  Co.  v. 

American  Zinc  Co.  v.  Smith   (L.R.A.1916F, 
907,  128  Tenn.  447,  161  S.  W.  4!)4i 
A.    M.    Holter    Hardware    Co.    v.    Western 
Mortg.  &  Warranty  Title  Co. 
Holter   Hardware    Co.   v.    Western 
Mortg.  &  Warranty  Title  Co. 
Amusement  Co.  v.  Bruno   (225  Mass.  461). 
See   Tremont   Theatre  Amusement 
Co.  v.  Bruno. 

Anania  v.  Norfolk  &  W.  R.  Co.  (L.R.A. 
1916C,  439,  —  W.  Va.  — ,  87  S.  E. 
167) 

Anchor  Savings  Bank,  Marks  v. 
Ancient  Order  of  United  Workmen,  Barlow 

v. 
v.  Davidson  (L.R.A.1917C,  914,  —  Ark. 

— ,  191  S.  W.  961) 
Giffin  v. 
Hannon  v. 
Peterson  v. 
Sharpless  v. 
v.  State    Bank    (L.R.A.1915B,    815,   92 

Kan.  876,  142  Pac.  974. 
v.  Towne    (L.R.A.1917E,  344,  —  Minn. 

— ,  161  N.  W.  403) 
Anders   v.   Anders    (L.R.A.1916E,    1273,   — 

Mass.  — ,  113  N.  E.  203) 
Andersch,  Lamoreaux  v. 
Anderson,  Abbott  v. 

v.  Canaday     (L.R.A.1915A,     1186,     27 

Okla.  171,  131  Pac.  697) 
v.  Crescent  Garment  Co.  (L.R.A.1916D, 

651.  —  R.  I.  — ,  96  Atl.  425) 
v.  French  (L.R.A.1916A,  660,  77  N.  H. 
509,  93  Atl.  1042) 


TABLE  OF  CAStiS. 


451 


Anderson  v.  International  School  Dist.  No. 

5  (L.R.A.1917E,  428,  32  N.  D.  413, 

156  N.  W.  54) 
Lisle  v. 
v.  Missouri  P.  R.  Co.  (L.R.A.1916F,  95, 

95  Neb.  358,  145  N.  W.  842) 
v.  Northern    P.    R.    Co.    (L.R.A.1917F, 

1020,  88  Wash.  139,  152  Pac.  1001) 
v.  Reed  (L.R.A.1916B,  862,  —  N.  M.  — , 

148  Pac.  502) 
v.  Royal  League  (L.R.A.1916B,  901,  130 

Minn.  416,  153  N.  W.  853) 
v.  Smith-Powers    Logging    Co.    (L.R.A. 

1916B,  1089,  71  Or.  276,  139  Pac. 

736) 
v.  Southern    Cotton    Oil    Co.     (L.R.A. 

1917E,  715,  —  Fla.  — ,  74  So.  975) 
State  ex  rel.  American  Mfg.  Co.  v. 
State  ex  rel.  Hahn  Bakery  Co.  v. 
State  Sav.  &  Commercial  Bank  v. 
Winn  v. 
Andre  v.  Murray  (L.R.A.1917B,  667, 179  Ind. 

576,  101  N.  E.  81) 
Andrews  v.  South  Haven  (L.R.A.1916A,  908, 

—  Mich.  — ,  153  N.  W.  827) 
Angel,  Board  of  Edu.  v. 
Angus    v.    Downs     (L.R.A.1915E,    351,    — 

Wash.  — ,  147  Pac.  630) 
Ankeny  v.  Spokane   (L.R.A.1917A,  1093,  92 

Wash.  549,  159  Pac.  806) 
Annand,  King  County  v. 
Ann  Arbor,  Schenk  v. 
Annear   v.    Swartz    (L.R.A.1915E,    267,   — 

Okla.  — ,  148  Pac.  706) 
Anseth  v.  District  Court  ( —  Minn.  — ).    See 

State    ex    rel.   Anseth    v.    District 

Court. 
Anthony  v.  Kiefner    (L.R.A.1915F,  876,  96 

Kan.  194,  150  Pac.  524) 
Anthony  Wholesale  Grocery  Co.,  Standard 

Sav.  &  L.  Asso.  v. 
Apitz  v.  Knights  &  Ladies  of  Honor  (L.R.A. 

1917A,   183,   274   111.   196,   113   N. 

E.  63) 
Apodaca  De  Gurule  v.  Duran  (L.R.A.1915F. 

648,  —  N.  M.  — ,  149  Pac.  302) 
Appel  v.  Chicago,  M.  &  St.  P.  R.  Co.  (L.R.A. 

1915D,  397,  —  S.  D.  — ,  148  N.  W. 

513) 

Applegate,  State  v. 

Arcade  Bldg.  &  Realty  Co.,  Matzger  v. 
Archibald  v.  Ott  (L.R.A.1916D,  1013,  —  W. 

Va.  — ,  87  S.  E.  791) 
Ardery,  Dunham  v.  • 

Ardmore  Brick  &  Tile  Co.,  Bucy  v. 
Arey,  St.  Louis  S.  W.  R.  Co.  v. 
Arizona  &  N.  M.  R.  Co.  v.  Clark   (L.R.A. 

1915C,  834,  235  U.  S.  669,  59  L.  ed. 

415,  35  Sup.  Ct.  Rep.  210) 
Arizona  Grading  &  Constr.  Co.,  Deyo  v. 
Arkansas  Natural  Gas  Co.  v.  Lee   (L.R.A. 

1916C,  1200,  115  Ark.  288,  171  S. 

W.  93) 
Armour  &  Co.,  Reiff  v. 

State  v. 
Armstead  v.  Lounsberry  (L.R.A.1915D,  628, 

129  Minn.  34,  151  N.'  W.  542) 
Armstrong  v.  Pullman    Co.     (L.R.A.1915B, 

1202,  —  Miss.  — ,  66  So.  283) 
Thomas  v. 


Armstrong  Co.  v.  New  York  C.  &  H.  R.  R. 
Co.    (L.R.A.1916E,   232,   129   Minn. 
104,  151  N.  W.  917) 
Arnold,  Mott  Iron  Works  v. 

v.  O'Connor  (L.R.A.1916C,  898,  —  R.  L 

— ,  94  Atl.  145) 

Arnold  Invest.  Co.  v.  Citizens'  State  Bank 
(L.R.A.1916F,  822,  98  Kan.  412,  158 
Pac.  68) 
Arrigo  v.  Hyers  (L.R.A.1917A,  1116,  98  Neb. 

134,  152  N.  W.  319) 
Arrowsmith  v.  State  (L.R.A.1915E,  363,  131 

Tenn.  480,  175  S.  W.  545) 
Arzuaga   e   Izaguirre   v.   Gonzalez   y   Gon- 
zalez   (L.R.A.1917D,  697,  239  Fed. 
60) 

Ashby  v.  Norfolk  Southern  R.  Co.  (L.R.A. 
1917F,  116,  172  N.  C.  98,  89  S.  E. 
1059) 

Ashinger,  Missouri,  K.  &  T.  R.  Co.  v. 
Ashinsky   v.    Levenson    (L.R.A.1917D,    994, 

—  Pa.  — ,  100  Atl.  491) 
Ashland,  Radney  v. 
Ashley,  Louisville  &  N.  R.  Co.  v. 
Ashton   v.   Boston  &   M.    R.    Co.     (L.R.A. 
1916B,  1281,  222  Mass.  65,  109  N. 
E.  820) 
Ashton-Whyte-Spillicorn  Co.,  Denver  &  R. 

G.  R.  Co.  v. 

Asphalt  &  Rubber  Co.  v.  Texas  Building  Co. 
(99  Kan.  567).  See  Standard 
Asphalt  &  R.  Co.  v.  Texas  Building 
Co. 

Assessment  of  First  Nat.  Bank,  Re  (L.R.A. 
1917B,  294,  —  Okla.  — ,  160  Pac. 
469) 
Assurance  Co.  v.  Eppstein  ( —  Fla.  — ) .    See 

Phoenix  Assur.  Co.  v.  Eppstein. 
Assurance  Society  v.  Weightman  (—  Okla. 
— ).     See  Equitable  L.  Assur.  Soc. 
v.  Weightman. 
Astor  Trust   Co.  v.   White  &  Co.    (L.R.A. 

1917E,  526,  241  Fed.  57) 
Atchison,  T.  &  S.  F.  Hospital  Asso.,  Nichol- 
son v. 

Atchison,  T.  &  S.  F.  R.  Co.,  De  Hardt  v. 
Deister  v. 
Fennell  v. 
Hartman  v. 
Ireton  v. 
Jacobs  v. 
Karns  v. 
Martin  v. 
Nicholson  v. 
v.  Richter  (L.R.A.1916F,  969,  20  N.  M. 

278,  148  Pac.  478) 
Roebuck  v. 
Schwantes  v. 
Slater  v. 
v.  Stannard     (L.R.A.1917C,     1124,     99 

Kan.  720,  162  Pac.  1176) 
State  ex  rel.  Ise  v. 

v.  Vosburg  (L.R.A.1915E,  953,  238  U.  S. 
56,  59  L.  ed.  1199,  35  Sup.  Ct.  Rep. 
675) 
Wehe  v. 
Athens  Lumber  Co.,  Louisiana  &  N.  W.  R. 

Co.  v. 
Atkins  v.  Bush    (L.R.A.1917E,  809,  —  La. 

— ,  74  So.  897) 

Atkinson,  Interstate  Business  Men's  Acti. 
Asso.  v. 


452 


TABLE  OF  CASES. 


Atkinson  v.  U.  S.  Operating  Co.  (L.R.A. 
1916E,  241,  129  Minn.  232,  152  N. 
W.  410) 

Atlanta,  Carey  v. 
Cutsinger  v. 

Atlantic  City  &  S.  R.  Co.,  Hughes  v. 

Atlantic  Coast  Line  R.  Co.,  Baker  v. 
Fagan  v. 
Floyd  v. 
Gilkerson  v. 
James  v. 
Paul  v. 
United  States  v. 

Atlantic,  G.  &  P.  Co.,  Rogers  v. 

Atlantic  Transport  Co.,  Finley  v. 

Attorney  General  ex  rel.  Treasurer  and  Re- 
ceiver   General    v.    Clark    (L.R.A. 
1916C,  679,  222  Mass.  291,  110  N. 
E.  299) 
ex  rel.  Burrill  v.  Pierce.     See  Tyler  v. 

Treasurer  and  Receiver  General. 
v.  Ruh.    See  Com.  ex  rel.  Atty.  Gen.  v. 
Ruh. 

Atwood  v.  Mikeska  (L.R.A.1917A,  602,  29 
Okla.  69,  115  Pac.  1011) 

Aubrey  v.  Stimson  (L.R.A.1915C,  874,  160 
Ky.  563,  169  S.  W.  991) 

Auburn  Light,  Heat  &  Power  Co.,  Heskell  v. 

Auditorium  Asso.  v.  Central  Trust  Co.  (240 
U.  S.  581).  See  Chicago  Audi- 
torium Asso.  v.  Central  Trust  Co. 

Auger  &  S.  Silk  Dyeing  Co.  v.  East  Jersey 
Water  Co.  (L.R.A.1917F,  1146,  88 
X.  J.  L.  273,  96  Atl.  60) 
v.  Jersey  City  Water  Supply  Co.  See 
Auger  &  S.  Silk  Dyeing  Co.  v.  East 
Jersey  Water  Co. 

Augusta  Baseball  Asso.  v.  Thomasville  Base- 
ball Club  (L.R.A.1917F,  841,  —  Ga. 
— ,  93  S.  E.  208) 

Aultman  v.  Ice.  See  State  ex  rel.  Aultman 
v.  Ice. 

Aurora  v.  Gates  (L.R.A.1915A,  910,  125  C. 

C.  A.  329,  208  Fed.  101) 
v.  Wilder.     See  Aurora  v.  Gates. 

Austin  v.  Baker  (L.R.A.1916F,  1130,  112  Me. 

267,  91  Atl.  1005) 
Chicago,  R.  I.  &  P.  R.  Co.  v. 

Automobile  Co.  v.  Pittsburgh  (253  Pa.  478). 
See  Iron  City  Automobile  Co.  v. 
Pittsburgh. 

Auto  Storage  Co.,  Blackwood  Tire  &  Vul- 
canizing Co.  v. 

Await,  Southwestern  Sav.  Loan  &  Bldg. 
Asso.  v. 

Axton-Fisher  Tobacco  Co.  v.  Evening  Post 
Co.  (L.R.A.1916E,  667,  169  Ky.  04, 
183  S.  W.  269) 

Ayers  v.  Southern  P.  R.  Co.  (L.R.A.1917F, 
949,  173  Cal.  74,  159  Pac.  144) 


Back  v.  Back  (L.RJU916C,  752,  148  Iowa, 

223,  125  X.  W.  1009) 
Badgley,  Culley  v. 
Badovinac,  McCartney  v. 
Baer  v.  Gore  (L.R.A.1917B,  723,  —  W.  Va. 

— ,  90  S.  E.  530) 
Bagby,  Knipp  v. 


Bagdon  v.  Philadelphia  &  R.  Coal  &  I.  Co. 
(L.R.A.1916F,  407,  217  N.  Y.  432, 
111  N.  E.  1075) 

i  Baggage  &  Omnibus  Transfer  Co.  v.  Port- 
land (L.R.A.1917F,  1080,  84  Or.  343, 
164.  Pac.  570) 
Baier,  Braniff  v. 
Bailey,  Dulin  v. 

v.  Kelly    (L.R.A.1916D,   1220,  93  Kan. 

723,  145  Pac.  556) 
v.  Long  (L.R.A.1917B,  708,  —  N.  C.  — , 

90  S.  E.  809) 

Modern  Brotherhood  of  A.  v. 
Nunnery  v. 
Southern  R.  Co.  v. 
v.  Topeka   (L.R.A.1916D,  491,  97  Kan. 

327,  154  Pac.  1014) 

Bain  v.  Ft.  Smith  Light  &  Traction  Co. 
(L.RA.1915D,  1021,  —  Ark.  — ,  172 
S.  W.  843) 

Kentucky  Traction  &  T.  Co.  v. 
Bainbridge  v.  Minneapolis  (L.R.A.1916C,  224, 

—  Minn.  — ,  154  X.  W.  964) 
Baird  v.  Smith  (L.R.A.1917A,  376, 128  Tenn. 

410,  161  S.  W.  492) 

Baker  v.  Atlantic  Coast  Line  R.  Co.  (L.R.A. 
1917E,  266,  —  N.  C.  — ,  92  S.  E. 
170) 

Austin  v. 
v.  Baker,  E.  &  Co.   (L.R.A.1917C,  171, 

162  Ky.  683,  173  S.  W.  109) 
v.  Berry     Hill     Mineral     Springs     Co. 
(L.R.A.1917F,  303,  112  Va.  280,  71 
S.  E.  626) 
Birch  v. 
v.  Butterworth   (L.R.A.1916F,  1287,  — 

Va.  — ,  89  S.  E.  849) 
v.  State  (L.R.A.1915D.  1061,  —  Ind.  — , 

108  N.  E.  7) 

Baker,  E.  &  Co.,  Baker  v. 
Bakery  &  Confectionery  Workers'  Interna- 
tional Union,  No.  9,  St.  Germain  v. 
Bakery  Co.  v.  Anderson  ( —  Mo.  — ).     See 
State  ex  rel.  Hahn  Bakery  Co.  v. 
Anderson. 
Balcom  v.  Independence  (L.R.A.1917C,  120, 

—  Iowa,  — ,  160  N.  W.  305) 
Baldock,  Keisel  v. 

Baldwin  v.  Chicago,  R.  I.  &  P.  R.  Co.  (L.R.A. 
1916D,  335,  —  Iowa,  — ,  156  X.  W. 
17) 

Lyon  v. 

Bales   v.    Wichita    M.    V.    R.    Co.    (L.R.A. 
1916C,  1090,  92  Kan.  771,  141  Pac. 
1009) 
Ball,  Livengood  v. 

State  v. 

Ballagh  v.  Interstate  Business  Men's  Acci. 
Asso.  (L.R.A.1917A,  1050,  —  Iowa, 
— ,  155  N.  W.  241) 

Ballantine  &  Sons  v.  Public  Service  Corp. 
(L.R.A.1915A,  369,  —  N.  J.  — ,  91 
Atl.  95) 
Ballard  v.  Home  Nat.  Bank    (L.R.A.1916C 

161,  91  Kan.  91,  136  Pac.  935) 
Lowman  &  Co.  v. 
Baltimore  v.  Kane.     See  Baltimore  &  0.  R. 

Co.  v.  Kane. 
v.  Robinson  Constr.  Co.    (L.R.A.1915A, 

225,  123  Md.  660,  91  Atl.  682) 
Taylor  v. 
Baltimore  &  0.  R.  Co.,  Belknap  v. 


TABLE  OF  CASES. 


453 


Baltimore  &  0.  R.  Co.,  Booth  v.    . 

Brabham  v. 

County  Court  of  Wetzel  County  v. 

v.  Kane  (L.R.A.1916C,  433, 124  Md.  231, 
92  Atl.  532) 

Koontz  v. 

Robinson  v. 

Schoonover  v. 

State  ex  rel.  Blue  v. 

State  use  of  Elder  v. 
Bambrick  Bros.  Construction  Co.,  Removich 

v. 
Bangor  &  A.  R.  Co.,  Buckley  v. 

McCarthy  v. 

Southard  v. 

Bank  v.  Adams  &  Co.  (—  Okla.  — ).  See 
American  Nat.  Bank  v.  Adams  & 
Co. 

v.  .ffitna  Powder  Co.  (41  Okla.  394). 
See  Crowder  State  Bank  v.  ^Etna 
Powder  Co. 

v.  Allen  (92  Kan.  481).  See  Yates  Cen- 
ter Nat.  Bank  v.  Allen. 

v.  Anderson  (165  Cal.  437).  See  State 
Sav.  &  Commercial  Bank  v.  Ander- 
son. 

v.  Bank  (159  Ky.  141).  See  Farmers' 
Nat.  Bank  v.  Farmers'  &  Traders' 
Bank. 

v.  Bank  of  Magdalena  ( —  N.  M.  — ). 
See  State  National  Bank  v.  Bank  of 
Magdalena. 

v.  Bantock  (41  Okla.  153).  See  Wal- 
ters Nat.  Bank  v.  Bantock. 

v.  Brigman  ( —  S.  C.  — ).  See  Mer- 
chants' &  Planters'  Bank  v.  Brig- 
man. 

v.  Clark  (—  N.  M.  — ).  See  First  Nat. 
Bank  v.  Clark. 

V.  Co"k  (130  Tenn.  465).  See  Hamilton 
Nat.  Bank  v.  Cook. 

v.  Douglas  ( —  Ark.  — ).  See  American 
Xat.  Bank  v.  Douglas. 

v.  Emmetsburg  (157  Iowa,  555).  See 
First  Nat.  Bank  v.  Emmetsburg. . 

v.  First  Nat.  Bank  (98  Kan.  109).  See 
Citizens'  State  Bank  v.  First  Nat. 
Bank. 

v.  Gemmill  ( —  Minn.  — ).  See  Yon- 
calla  State  Bank  v.  Gemmill. 

v.  Glanton  (146  Ga.  786).  See  United 
States  Nat.  Bank  v.  Glanton. 

v.  Gleichmann  ( —  Okla.  — ).  See  Se- 
curity Trust  &  Sav.  Bank  v.  Gleich- 
mann. 

v.  Herron  (73  Or.  391).  See  United 
States  Nat.  Bank  v.  Herron. 

v.  Ins.  Co.  (—  Ga.  — ).  See  People's 
Bank  v.  Insurance  Co.  of  North 
America.  • 

v.  Jameson  ( —  Iowa,  — ).  See  Farm- 
ers' Savings  Bank  v.  Jameson. 

v.  Jchnson  (—  N.  C.  — ).  See  First 
Nat.  Bank  v.  Johnson. 

v.  Lndd  (—  Okla.  — ).  See  State  Nat. 
Bank  v.  Ladd. 

v.  Le  Beau  (T-  Mich.  — ).  See  Negau- 
nee  Nat.  Bank  v.  Le  Beau. 

v.  Logue  (89  Ohio  St.  288).  See  First 
Nat.  Bank  v.  Logue. 

v.  Martin  ( —  N.  D.  — ).  See  Farmers' 
Security  Bank  v.  Martin. 


Bank  v.  Moody  (86  Wash.  286).   See  Skagit 

State  Bank  v.  Moody. 
v.  Muskogee  Pipe  Line   Co.    (40  Okla. 

603).      See    First    Nat.    Bank    v. 

Muskogee  Pipe  Line  Co. 
v.  Nelson  (255  Pa.  455).    See  Farmers' 

Nat.  Bank  v.  Nelson. 
v.  Poteet  (—  W.  Va.  — ).    See  Raleigh 

County  Bank  v.  Poteet. 
v.  Publishing  Co.  (132  Tenn.  367).    See 

Fourth  Nat.  Bank  v.  National  Ban- 
ner Pub.  Co. 

v.  Raspberry  (34  Okla.  243).    See  Mar- 
ket Nat.  Bank  v.  Raspberry. 
v.  Ridge  Ave.  Bank    (240  U.   S.  498). 

See  Farmers'  &  M.  Nat.  Bank  v. 

Ridge  Ave.  Bank. 
v.  Sav.  &  Trust  Co.   (168  N.  C.   605). 

See  State  Bank  v.  Cumberland  Sav. 

&  Trust  Co. 
v.  Smith    (—   Ga.   — ).     See   National 

Bank  v.  Smith. 
v.  Stahlman     (132    Tenn.    367).      See 

Fourth  Nat.  Bank  v.  Stahlman. 
v.  State  (—  Okla.  Crim.  Rep.  — ).    See 

Farmers'  State  Bank  v.  State. 
v.  Stoddard  &  Son  ( —  Iowa,  — ).    See 

Sloan  State  Bank  v.   Stoddard  & 

Son. 
v,  Stover  (—  N.  M.  — ).    See  First  Nat. 

Bank  v.  Stover. 

v.  Utterback  (—  Okla.  — ).     See  Man- 
gold &  Glandt  Bank  v.  Utterback. 
Bank  &  Trust  Co.  v.  Cancienne   (140  La. 

969).     See  Hibernia  Bank  &  Trust 

Co.  v.  Cancienne. 
v.  Lively  ( —  Tex.  — ).     See  Guaranty 

State  Bank  &  T.  Co.  v.  Lively, 
v.  Quilling    ( —   Ark.  — ).     See  Desha 

.  Bank  &  T.  Co.  v.  Quilling. 
v.  Surety    Co.    (—   Wash.     — ).      See 

American  Sav.  Bank  &  T.  Co.  v. 

National  Surety  Co. 
v.  Switchmen's   Union    (256   Pa.    228). 

See  United  States  Bank  &  T.  Co.  v. 

Switchmen's  Union. 

Bankers'  Mut.  Casualty  Ins.  Co.,  Johnson  v. 
Banking  Co.  v.  Forrester  ( — 'Ga.  — ).    See 

Lopanville  Bkg.  Co.  v.  Forrester. 
v.  Leachman    ( —  Ky.   — ).     See   Gish 

Bkg.  Co.  v.  Leachman. 
Bank  of  Commerce  v.  Bossemeyer  ( —  Neb. 

— ).     See  National  Bank  of  Com- 
merce v.  Bossemever. 
v.  First  Nat.  Bank  (—  Okla.  — ).    See 

National    Bank    of    Commerce    v. 

First  Nat.  Bank. 
v.  Telegraph   Co.    (—  N.   M.   — ).  See 

State  Bank  of  Commerce  v.  West- 
ern U.  Teleg.  Co. 
Bank   of    Guntersville   v.    Crayter    (L.R.A. 

1917F,  460,  —  Ala.  — ,  75  So.  7) 
Bank  of  Magdalena,  State  National  Bank  v. 
Bank  of  New  York,  Nat.  Bkg.  Asso.,  United 

States  v. 

Bank  of  Union,  Dunn  v. 
Banks,  Phoenix  Ins.  Co.  v. 
Bannon  v.  Logan  (L.R.A.1916E,  522,  66  Fla. 

329,  63  So.  454) 
Bantock,  Walters  Nat.  Bank  v. 
Barber  v.  Louisiana  R.  &  Nav.  Co.   (L.R.A, 

1917F,  802,  —  La.  — ,  76  So.  199) 


454 


TABLE  OF  CASES. 


Barber   v.   Watch    Hill   Fire   Dist.    (L.R.A. 

1915C,   243,   —   R.   I.   — ,   89   Atl. 

1056) 
Barber  Agency  Co.  v.   Co-operative  Barrel 

Co.  (L.R.A.1916F,  88,  —  Minn.  — , 

358  N.  W.  38) 
Barber    Asphalt    Pav.    Co.,   Kelly    Asphalt 

Block  Co.  v. 
v.  St.  Paul  (L.R.A.1917E,  370,  —  Minn. 

— ,  162  X.  W.  470) 
Barbour/Dice  v, 
Harden,  Groves  v. 
Barker  v.  Chicago  &  A.  R.  Co.    See  State  ex 

rel.  Barker  v.  Chicago  &  A.  R.  Co. 
Barker  Constr.  Co.,  Chickasaw  Hotel  Co.  v. 
Barkey  v.  Barkey  (L.R.A.1915B,  678,  —  Ind. 

— ,  106  X.  E.  609) 
Barksdale,  Bush  v. 

Barlow  v.  Ancient  Order  of  United  Work- 
men  (L.R.A.1917E,  1032,  —  Iowa, 

— ,  162  N.  W.  757) 
Barmore,    Re    (L.R.A.1917D,    688,    —   Cal. 

— ,  163  Pac.  50) 
Barnard  v.  Springfield  &  N.  E.  Traction  Co. 

-(L.R.A.1916F,  451,  —  111.  — ,  113 

N.  E.  89) 
Barnes,  Bismarck  Water  Supply  Co.  v. 

v.  Garrett  (135  Tenn.  617).     See  State 

ex  rel.  Barnes  v.  Garrett. 
v.  State    (L.R.A.1915C,    101,    —    Tex. 

Crim.  Rep.  — ,  170  S.  W.  548) 
Barnett  v.  Louisiana    W.    R.    Co.    (L.R.A. 

1917E,  1124,  —  La.  — ,  75  So.  649) 
Barnhart  v.  Chicago,  M.  &  St.  P.  R.  Co. 

(L.R.A.1916D,  443,  —  Wash.  — ,  154 

Pac.  441) 

Barnum  &  Bailey,  Boswell  v. 
Barr  v.  Younssville  Sugar  Factory  (L.R.A 

1917F,  654,  —  La.  — ,  75  So.  805) 
Barret,  Fidelity  &  Columbia  Trust  Co.  v. 
Barrett,  Hardie  v. 
Barringer,  Coble  v. 
Bartles  Oil  Co.,  State  v. 
Bartlett,  Morgan  v. 
Bartley,  State  v. 
Bartoni,  Re    (L.R.A.1917E,  765,  225  Mass. 

349,  114  N.  E.  663) 
Basey  v.  Louisiana  R.  &  Nav.  Co.   (L.R.A. 

1915E,  964,  —  La.  — ,  68  So.  824) 
Baskin,  State  v. 
Bass,  State  v. 
Batcheller,  Durkee  v. 
Bateman,  Roswell  v. 
Bates,  Ex  parte   (L.R.A.191GE,  1285,  —  X. 

M.  — ,  151  Pac.  698) 
Bodie  v. 

Southern  R.  Co.  v. 
Baton   Rouge   Brickyard,   Louisiana    R.    & 

Nav.  Co.  v. 
Battaglia,  Swank  v. 
Battle,  Carlton  Supply  Co.  v. 
Baumhoff  v.  Grueninger  (L.R.A.1916A,  779, 

—  Mo.  — ,  178  S.  W.  102) 
Bausbach   v.   Reiff    (L.R.A.1915D,   785,   244 

Pa.  559.  91  Atl.  224) 
Baxter  Teleph.  Co.  v.  Cherokee  County  Mut. 

Teleph.  Asso.    (L.R.A.1916B,  1083, 

94  Kan.  159,  146  Pac.  324) 
Bayes  v.  Paintsville  (L.R.A.1916B,  1027,  — 

Ky.  — .  179  S.  W.  fi-23) 
Beacham,  St.  Paul  F.  &  M.  Ins.  Co.  v. 
Beach   Co.  v.  Pillsbury    ( —  Cal.  — ).     See 

Coronado  Beach  Co.  v.  Pillsbury. 


!  Beals,  Hicks  v. 
Beam,  Blacksburg  v. 
Beard  v.  Chicago,  M.  &  St.  P.  R.  Co.  (L.R.A. 

1916F,  866,  —  Minn.  — ,  158  N.  W. 

815) 

Beats,  Midland  Savings  &  L.  Co.  v. 
Beattie,  Johnson  v. 
Beatty  v.  Metropolitan   Bldg.   Co.    (L.R.A. 

1917E,  961,  63  Wash.  207,  115  Pac. 

90) 

Beauchamp,  Sturges  &  Burn  Mfg.  Co.  v. 
Beaudry  v.  Watkins   (L.R.A.1916F,  576,  — 

Mich.  — ,  158  N.  W.  16) 
Beaven,  Carini  v. 
Bechtol    v.    Ewing    (L.R.A.1917E,    279,    89 

Ohio  St.  53,  105  N.  E.  72) 
Beck,  Wick  v. 
Becker  V.  Becker  (L.R.A.1915E,  56,  153  Wis. 

226,  140  X.  W.  1082) 
Beckler,  Burr  v. 

Beebe  &  Runyan  Furniture  Co.,  Zigman  v. 
Beecher,  Jordan  v. 
Beeman,  Spellman  v. 
Bee  Pub.  Co.,  Howell  v. 
Beers,  Garrett  v. 
Belfast  v.  Belfast  Water  Co.  (L.R.A.1917B, 

908,  —  Me.  — ,  98  Atl.  738) 
Belfast  Water  Co.,  Belfast  v. 
Belfer,  Freeman  v. 
Belknap  v.  Baltimore  &  0.  R.  Co.   (L.R.A. 

1917D,  916,  —  W.  Va.  — ,  91  S.  E. 

656) 
Bell  v.  Cummings.    See  State  ex  rel.  Bell  v. 

Cummings. 
v.  Rosignol  (L.R.A.1915D,  1184,  —  Ga. 

— ,  84  S.  E.  542) 
St.  Louis  &  S.  F.  R.  Co.  v. 
v.  Tradesmen's  Trust  Co.    See  Com.  ex 

rel.  Bell  v.  Tradesmen's  Trust  Co. 
Bellamy  v.  Missouri  &  N.  A.  R.  Co.  (L.R.A. 

1915A,  1,  —  C.  C.  A.  — ,  215  Fed. 

18) 

St.  Louis,  I.  M.  &  S.  R.  Co.  v. 
Belle  Springs  Creamery  Co.,  State  v. 
Bell-Wayland  Co.,  Edgin  v. 
Bement  v.  Grand  Rapids  &  I.  R.  Co.  (L.R.A. 

1917E,  322,  —  Mich.  — ,  160  X.  W. 

424) 

Benedict,  General  Rubber  Co.  v. 
Benevolent  &  P.  0.  of  E.  v.  Improved  B.  & 

P.    0.   of   E.   of   W.    (L.R.A.1915B, 

1074,  205  X.  Y.  459,  98  N.  E.  756) 
Benfer,  Hin  thorn  v. 
Benham  v.  Farmers'  Mut.  F.  Ins.  Co.  (L-R.A. 

1915D,  736,  165  Mich.  406,  131  X. 

W.  87) 
Benjamin    v.    Welda    State    Bank    (L.R.A. 

1917A,  704,  98  Kan.  361,  158  Pac. 

65) 
Benjamin  Rose  Institute  v.  Mvers   (L.R.A. 

1916D,  1170,  92  Ohio  St.  252,  110 

X.  E.  924) 
Bennett  v.  Bennett   (L.R.A.1916C,  693,  169 

Ala.  618,  53  So.  986) 
v.  Howard  (L.R.A.1917E,  1075,  175  Ky. 

797,  195  S.  W.  117) 
v.  Laws  (L.R.A.1915F,  662,  —  Colo.  — , 

14!)  Pac.  439) 
Roberts  v. 

State  ex  rel.  McCurdy  v. 
v.  Stockwell      (L.R.A.1917F,      761,    — 

Mich.  — ,  163  X.  W.  482) 


TABLE  OF  CASES. 


455 


Bennett  v.  Thompson  (L.R.A.1917B,  919,  — 

Ark.  — ,  189  S.  W.  363) 
United  States  v. 
v.  Winston-Salem  South-Bound  R.  Co. 

(L.R.A.1916D,  1074,  170  N.  C.  389, 

87  S.  E.  133) 
Benson,  Turk  v. 
Benson  Hospital  Asso.  v.  Moyer.   See  Tryon 

v.  Moyer. 
Benwood   v.   Public    Service    Com.    (L.R.A. 

1915C,  261,  —  W.  Vs..  —,  83  S.  E. 

295) 
Berg   v.  "Erickson    (L.R.A.1917A,    348,    234 

Fed.  817) 
v.  Yakima    Valley    Canal    Co.    (L.R.A. 

1915D,  292,  —  Wash.—,  145  Pac. 

619) 

Bergl-n,  Misamore  v. 
Berkson,  Gearing  v. 

Berlin  Dye  Works  &  Laundry  Co.,  Copelin  v. 
Bernstein  v.  Milwaukee  (L.R.A.1915C,  435, 

158  Wis.  576,  149  N.  W.  382) 
Berry    v.    Oklahoma    State    Bank    (L.R.A. 

1916A,  731,  —  Okla.  — ,  151  Pac. 

210) 

Powell  v. 
v.  United  Commercial  Travelers  (L.R.A. 

1916B,  617,  —  Iowa  — ,  154  N.  W. 

598) 

Berry  Hill  Mineral  Springs  Co.,  Baker  v. 
Bertin,  Re  (L.R.A.1915A,  431,  245  Pa.  256, 

91  Atl.  669) 
Bertram  v.  Morgan   (L.R.A.1917D,  445,  173 

Ky.  655,  191  S.  W.  317) 
Bertsch,  Whittet  v. 
Beshirs  v.  Allen  (L.R.A.1915E,  413,  —  Okla. 

— ,  148  Pac.  141) 
Best  v.  Moorhead  (L.R.A.1915C,  378,  96  Neb. 

602.  14,8  X.  W.  551) 

Beuris,  Montenegro-Riehm  Music  Co.  v. 
Beweinitz  v.  Detroit,  J.  &  C.  R.  Co.  (L.R.A. 

1917E,  767,  —  Mich.  — ,  161  N.  W. 

976) 

Beyer,  People's  Land  &  Mfg.  Co.  v. 
Bickett  v.  Knight.    See  State  ex  rel.  Bickett 

v.  Knight. 
Biddle  v.  Riley   (L.R.A.1915F,  992,  —  Ark. 

— ,  176  S.  W.  134) 
Big  Creek  Development  Co.,  Grass  v. 
Bigelow,  State  v. 
Big  Four  Implement  Co.  v.  Keyser  (L.R.A. 

1917C,  166,  99  Kan.  8,  161  Pac.  592) 
Biggs  v.  Seufferlein   (L.R.A.1915F,  673,  164 

Iowa,  241,  145  N.  W.  507) 
Billings    Hotel   Co.    v.    Enid    (L.R.A.1916D, 

1016,  —  Okla.  — ,  154  Pac.  557) 
Bills  v.  Pease  (L.R.A.1917D,  1060,  —  Me.  — , 

100  Atl.  146) 

Bingham  Coal  &  Lumber  Co.,  Furkovich  v. 
Bingham  Lake  Rural  Teleph.  Co.,  Collar  v. 
Binns  v.  Vitagraph  Co.  (L.R.A.1915C,  839, 

210  X.  Y.  51,  103  N.  E.  1108) 
Biograph  Co.,  Staats  v. 
Birch  v.  Baker  (L.R.A.1916D,  485,  85  N.  J. 

L.  660,  90  Atl.  297) 
Birdsong,  Horton  v. 
Birmingham  v.  Carle   (L.R.A.1915F,  797,  — 

Ala.  — ,  68  So.  22) 
Birmingham  R.,  Light  &  Power  Co.  v.  Pratt 

(L.R.A.1915A,  1208,  —  Ala.  — ,  65 

So.  533) 


Birmingham    Waterworks    Co.    v.    Brown 

(L.R.A.1915D,  1086,  —  Ala.  — ,  67 

So.  613) 
v.  Hernandez     (L.R.A.1916H,     258,    • 

Ala.  — ,  P.U.R.1916E,  438,  71  So. 

443) 
Bischoff    v.    Yorkville    Bank    (L.R.A.1916F, 

1059,   218   N.    Y.    106,   112   N.   E. 

759) 

Bishop  Iron  Co.,  Mineral  Land  Invest.  Co.  v. 
Bismarck    Water    Supply    Co.    v.    Barnes 

(L.R.A.1916A,  965,  30   N.   D.   555, 

153  X.  W.  454) 
Bissell,  Whitney  v. 
Bittinger,  Hendley  v. 
Bixby  v.  Lester  (L.R.A.1916E,  871,  —  Okla. 

— ,  156  Pac.  1184) 
Bixler  v.  Wright  (L.R.A.1917F,  633,  —  Me. 

— ,  100  Atl.  467 ) 
Bjorgo   v.   First    Nat.    Bank    (L.R.A.1915B, 

287,  127  Minn.  105,  149  X.  W.  3) 
j  Bjornstad,  Palm  Vacuum  Cleaner  Co.  v.- 
I  Black,  Citizens'  Gas  &  E.  Co.  v. 

v.  Delaye.     See  State  ex  rel.  Black  v. 

Delaye. 
v.  Moree  (L.R.A.1916E,  1216,  —  Tenn. 

— ,  185  S.  W.  682) 
Schwartz  v. 
Blacksburg  v.  Beam   (L.R.A.1916E,  714,  — 

S.  C.  — ,  88  S.  E.  441) 
Blackshear,  Trinity  &  B.  V.  R.  Co.  v. 
Blackwell,  Seaboard  Air  Line  R.  Co.  v. 
Blackwood  Tire  &  Vulcanizing  Co.  v.  Auto 

Storage  Co.  (L.R.A.1916E,  254,  133 

Tenn.  515,  182  S.  W.  576) 
Blair,  Gursky  v. 

v.  Seitner  Dry   Goods  Co.    (L.R.A.1915D, 

524,  —  Mich.  — ,  151  X.  W.  724) 
Blake  v.  State  (L.R.A.1917B,  1261,  —  Okla. 

Crim.  Rep.  — ,  160  Pac.  30) 
Blakeman  v.  Wichita  (L.R.A.1915C,  578,  93 

Kan.  444,  144  Pac.  816) 
Blanchard,  Clements  v. 
Bland  v.  Fidelity  Trust  Co.    (L.R.A.1916F, 

209,  —  Fla.  — ,  71  So.  630) 
Blankenship,  Charlow  v. 

v.  State    (L.R.A.1916A,    812,    10    Okla. 

Crim.  Rep.  551,  139  Pac.  840) 
Blatti,  Patterson  v. 
Bliss  v.  Bliss  (L.R.A.1916A,  889,  221  Mass. 

201,  109  X.  E.  148) 
v.  Stevens.    See  Bliss  v.  Bliss. 
Block  Co.  v.  Paving  Co.  (211  N.  Y.  68).    See 

Kelly  Asphalt  Block  Co.  v.  Barber 

Asphalt  Pav.  Co. 
Bloomberg,  Freedman  v. 
Blue  v.  Baltimore  &  0.  R.  Co.   (—  W.  Va. 

— ).  See  State  ex  rel.  Blue  v.  Bal- 
timore &  O.  R.  Co. 
Board,  Armstrong  &  Co.,  Mutual  L.  Ins.  Co. 

v. 

Board  of  Affairs,  Fruth  v. 
Board  of  Assessors,  Liverpool  &  L.  &  G.  Ins. 

Co.  v. 
Board   of   Commissioners  v.  Davis    (L.R.A. 

1915A,  198,  92  Kan.  672,  141  Pac. 

555) 
Board  of  County  Comrs.  v.  Willett  (L.R.A. 

1916E,   92,  —   Okla.   — ,   152   Pac. 

365) 
Board  of  Education  v.  Angel  (L.R.A.1915E, 

139,  —  W.  Va.  — ,  84  S.  E.  747) 


456 


TABLE  OF  CASES. 


Board  of  Education,  Brusha  v. 

Creyhon  v. 

Daniels  v. 

Duluth  v. 

Frank  v. 

v.  Gilleland  (L.R.A.1916E,  468,  —  Mich. 
•  — ,  157  N.  W.  609) 

Jameson  v. 

Johnson  v. 

Streich  v. 

Board  of  Equalization,  Denny  v. 
Board  of  Medical  Examiners,  Aiton  v. 
Board  of  Supervisors,  Rehmel  v. 
Boas  v.  Knewing  (L.R.A.1917F,  462,  —  Cal. 

— ,  165  Pac.  690) 
Bodie  v.  Bates   (L.R.A.1915E,  421,  95  Neb. 

757,  146  N.  W.  1002) 
Boeck,  Re  (L.R.A.1915E,  1008,  160  Wis.  577, 

152  N.  W.  155) 

Bofill  v.  New  Orleans  R.  &  Light  Co.  (L.R.A. 

2015C,  419,  135  La.  996,  66  So.  339) 
Boggs  v.  Commonwealth  (LJLA.1917B,  605, 

172  Ky.  243,  189  S.  W.  21) 
v.  Duncan-Schell  Furniture  Co.  (L.R.A. 

1915B,  1196,  —  Iowa  — ,  143  N.  W. 

482) 
Bogni    v.    Perotti    (L.R.A.1916F,    831,   224 

Mass.  152,  112  N.  E.  853) 
Bohart,  Francis  v. 
Boiler  Works  v.  Schull  (230  Fed.  587).    See 

Raw  Boiler  Works  v.  Schull. 
Boise,  Keyser  v. 
Boise  Asso.  of  Credit  Men  v.  Ellis  (L.R.A. 

1915E,    917,    26    Idaho,    438,    144 

Pac.  6) 
Bolen  v.  Ligett  (L.R.A.1916D,  352,  —  Okla. 

— ,  154  Pac.  547) 
Bolens  v.  Frear.    See  State  ex  rel.  Bolens  v. 

Frear. 
Boley  v.  Daniel  (L.R.A.1917A,  734,  —  Fla. 

— ,  72  So:  644) 
Bolin,  Limbach  v. 
Bolster  v.  Lawrence  (L.R.A.1917B,  1285,  — 

Mass.  — ,  114  N.  E.  722) 
Bolyard  v.  Bolyard    (L.R.A.1917D,  440,  — 

W.  Va.  — ,  91  S.  E.  529) 
Bombolis,  Minneapolis  &  St.  L.  R.  Co.  v. 
Bond  v.   Ungerecht    (L.R.A.1915A,   571,  — 

Term.  — ,  167  S.  W.  1116) 
Bond  &  Mortg.  Co.  v.  Keahey  (—  Okla.  — ). 

See  United  States  Bond  &  Mortg. 

Co.  v.  Keahey. 
Bonham,  State  v. 
Bonicamp  v.  Starbuck  (L.R.A.1917B,  141,  25 

Okla.  483,  106  Pac.  839) 
Bonners  Ferry  Lumber  Co.,  Wiesner  v. 
Bonnycastle    v.    Lilly    (L.R.A.1916B,    1076, 

153  Ky.  834,  156  S.  W.  874) 
Boody  v.  K.  &  C.  Mfg.  Co.    (L.R.A.1916A, 

10,  77  X.  H.  2U8,  90  Atl.  860) 
Booten,  Hall  v. 

Nunnemaker  v. 

Pinson  v. 

v.  Pinson    (L.R.A.1917A,    1244,   —   W. 

Va.  — ,  89  S.  E.  985) 
Booth,  Ex  parte  (L.R.A.1916F,  960,  —  Nev. 

— ,  154  Pac.  933) 
v.  Baltimore  &  0.  R,  Co.  (L.R.A.1916C, 

589,  —  W.  Va.  — .  87  S.  E.  84) 
v.  Prineville  (L.R.A.1915B,  1084,  —  Or. 

— ,  143  Pac.  994) 


Booth  v.  State  (L.R.A.1915B,  420,  179  Ind. 

405,  100  N.  E.  563) 
Bordwell    v.    Williams    (L.R.A.1917A,    996, 

—  Cal.  — ,  159  Pac.  869) 

Borell  v.  Cumberland  Teleph.  &  Teleg.  Co. 

(L.R.A.1916D,  1064,  133  La.  630,  63 

So.  247) 
Bormann  v.  Vyverberg  (L.R.A.1917E,  1052, 

—  Wash.  — ,  164  Pac.  921) 
Bornee,  Ex  parte  (L.R.A.1915F,  1093,  —  W. 

Va.  — ,  85  S.  E.  529) 

Borrowdale     v.     Socorro     County     (L.R.A. 
1917E,  456,  —  N.  M.  — '  163  1'ac. 
721) 
Borton   v.   Mangus    (LJUA.1915D,   142,   95 

Kan.  719,  145  Pac.  835) 
Bosler    v.    Modern    Woodmen    of    America 
(L.R.A.1917C,  195,  —  Neb.  — ,  160 
N.  W.  966). 

Bossemeyer,  National  Bank  of  Commerce  v. 
Boston,  Peabody  v. 
Boston  &  M.  R.  Co.,  Ashton  v. 
Gage  v. 

v.  Hooker  (L.R.A.1915B,  450,  233  U.  S. 
97,  58  L.  ed.  868,  34  Sup.  Ct.  Rep. 
526) 

Lynch  v. 
Sawyer  v. 

Boston  Elev.  R.  Co.,  Adams  v. 
Bothwell  v. 
Kyle  v. 
Romana  v. 
Boston   Letter   Carriers'   Mut.    Ben.    Asso., 

Ryan  v. . 

Boston  Music  Co.,  Norris  v. 
Boston   Safe   Deposit  &   T.   Co.  v.   Adams 
(L.R.A.1916F,  488,  224  Mass.   442, 
113  N.  E.  277) 
v.  Luke   (L.R.A.1917A,  988,  220  Mass. 

484,  108  N.  E.  64)    v 
Boston  Store,  Hartnett  v. 
Boston  Wharf  Co.,  Brown  v. 
Hecht  v. 
Williams  v. 
Boswell  v.  Barnum  &  Bailey  (L.R.A.1916E, 

912,  —  Tenn.  — ,  185  S.  W.  692) 
Bosworth  v.  State  University  (L.R.A.1917B, 
808,  166  Ky.  436,  179  S.  W.  403) 
Bothwell   v.    Boston    Elev.    R.    Co.    (L.R.A. 
1917F,  167,  215  Mass.  467,  102  N. 
E.  665) 

Bouchard  v.  Central  Vermont  R.  Co.  (L.R.A. 

1915C,  33,  87  Vt.  399,  89  Atl.  475) 

v.  Dirigo    Mut.    F.    Ins.    Co.     (L.R.A. 

1915D,  187,  —  Me.  — ,  92  Atl.  899) 

Bouquet  v.  Hackensack  Water  Co.   (L.R.A. 

1917F,  206,  —  N.  J.  — ,  101  Atl. 

379) 

Boutell  v.  Shellaberger   (L.R.A.1915D,  847, 

—  Mo.  — ,  174  S.  W.  384) 
Bowden,  Jacksonville  v. 

Bowditch  v.  Jackson  Co.  (L.R.A.1917A,  1174, 

76  N.  H.  351,  82  Atl.  1014) 
Bowen  v.   Smith-Hall   Grocery  Co.    (L.R.A. 

1915D,  617,  141  Ga.  721,  82  S.  E. 

23) 

Bowersock,  Carroll  v. 
Bowie  v.  Trowbridse.     See  Oldfield,  Re. 
Bowron,  Georgia  Casualty  Co.  v. 
Bowser   &    Co.   v.    Fountain    (L.R.A.1916B. 

1036,    128   Minn.    198,   150   N.   W. 

795) 


TABLE  OF  CASES. 


457 


Box  Co.  v.  Sea  ,(167  Ky.  193).    See  Mengel 

Box  Co.  v.  Sea. 

Boyce,  Mechanics  &  Traders'  Ins.  Co.  v. 
Boyd  v.   Ritter  Lumber  Co.    (L.R.A.1917A,. 

94,  —  Va.  — ,  89  S.  E.  273) 
Vaughan  v. 
Boyer-Van  Kuran  Lumber  &  C.  Co.,  Pierce 

v. 

Boyne  City,  G.  &  A.  R.  Co.,  Mehegan  v. 
Brabham  v.  Baltimore  &  0.  R.  Co.  (L.RA. 

1915E,  1201,  220  Fed.  35) 
Bracken  v.  Fidelity  Trust  Co.  (L.R.A.1915B, 

1216,  —  Okla.  — ,  141  Pac.  6) 
Bradley  v.  Spokane  &  I.  E.  R.  Co.  (L.R.A. 

1917C,  225,  79  Wash.  455,  140  Pac. 

688). 
Bradshaw  v.  Millikin  (L.R.A.1917E,  880,  — 

N.  C.  — ,  92  S.  E.  161) 
Missouri,  K.  &  T.  R.  Co.  v. 
Brandau  v.  McCurley  (L.R.A.1915C,  767,  124 

Md.  243,  92  Atl.  540) 
Brandenburg     v.     Northwestern     Jobbers' 

Credit   Bureau    (L.R.A.1915D,  474, 

128  Minn.  411,  151  N.  W.  134) 
Brandt,  Kansas  Flour  Mills  Co.  v. 
Braniff    v.    Baier    (L.R.A.1917E,    1036,    101 

Kan.  117,  165  Pac.  816) 
Brannon  v.  Com.  (L.R.A.1915D,  569,  162  Ky. 

350,  172  S.  W.  703) 
Brant,  Whitcomb  v. 
Branton  v.   Buckley    (L.R.A.1917C,  527,  99 

Miss.  116,  54  So.  850) 
Branum,  Minneapolis  Iron  Store  Co.  v. 
Brassil  v.   Maryland   Casualty  Co.    (L.R.A. 

1915A,  629,  210  N.  Y.  235,  104  N. 

E.  622) 

Brazee,  People  v. 
Breeding,  Johnson  v. 
Brenchley,  Re   (L.R.A.1917E,  968,  —  Wash. 

— ,  164  Pac.  913) 

v.  Brenchley.     See  Brenchley,  Re. 
Brennan,  Lynch  v. 

v.  Minnesota,  D.  &  W.  R.  Co.   (L.R.A. 

1915F,  11,  130  Minn.  314,  153  N. 

W.  611)  • 

Brenneman,  Denman  v. 
Brewer,  Shepard  v. 
Brewing  Co.  v.  Weil   (129  Md.  487).     See 

Standard  Brewing  Co.  v.  Weil. 
Brewster  v.  Knapp  (99  Kan.  852).  See  State 

ex  rel.  Brewster  v.  Knapp. 
Brick  Co.  v.  McKnight  (233  U.  S.  250).    See 

El  Paso  Brick  Co.  v.  McKnight. 
v.  National  Surety  Co.  (164  Wis.  585). 

See  Wisconsin  Brick  Co.  v.  National 

Surety  Co. 
Bridges,  Costello  v. 

Home  Ins.  Co.  v. 

Brier,  Denver  City  Tramway  Co.  v. 
Briggs  v.  Collins  (L.R.A.1915A,  686,  —  Ark. 

•      — ,  167  S.  W.  1114) 
Brightman,  Re  (L.R.A.1916A,  321,  220  Mass. 

17,  107  N.  E.  527) 
Briglia  v.  St.  Paul   (L.R.A.1916F,  1216,  — 

Minn.  — ,  158  N.  W.  794) 
Brigman,  Merchants  &  Placers'  Bank  v. 
Briscoe  Home  Trustees  v.  Ohio  River  R.  Co. 
(L.R.A.19K1K,  1294,  —  W.  Va.  — , 

89  S.  E.  727) 
Brock,  Re  (L.R.A.1915D,  1140,  247  Pa.  365, 

9.°.  Atl.  487) 
Broderick,  Kennedy  v. 


Brodigan,  State  ex  rel.  Riggle  ^. 

Brody  v.  Foster  (L.R.A.1916F,  780,  —  Minn. 

— ,  158  N.  W.  824) 
Bromich  v.  Eurkholder  (L.R.A.  1916F,  1275, 

98  Kan.  261,  158  Pac.  63) 
Bronson  v.  Syverson   (L.R.A.1916B,  993,  — 

Wash.  — ,  152  Pac.  1039) 
Brooken,  State  v. 
Brookline  Trust  Co.,  Laighton  v. 
Brooks  &  Sons,  Turner  v. 
Broom  &  Son  v.  Polk   (L.R.A.1915D,  1146, 

-  Miss.  — ,  67  So.  659) 
Brost  v.  Whitall-Tatum  Co.   (L.R.A.1917D, 

71,  89  N.  J.  L.  531,  99  Atl.  315) 
Brotherhood  of  Railroad  Trainmen,  Holcomb 

v. 

Robinson  v. 

Brown,   Birmingham  Waterworks  Co.  v. 
v.  Boston    Wharf    Co.      See    Hecht   v. 

Boston  Wharf  Co. 
v.  Cook  (L.R.A.1916D,  220,  —  W.  Va. 

— ,  87  S.  E.  454) 
v.  Dwight  Mfg.  Co.   (L.R.A.1917F,  997, 

—  Ala.  — ,  76  So.  292) 
v.  Elm  City  Lumber  Co.  (L.R.A.1915E, 

275,  167  N.  C.  9,  82  S.  E.  961) 
Franklin  v. 
v.  Hadwin  (L.R.A.1915B,  505,  —  Mich. 

— ,  148  N.  W.  693) 
v.  Howell.    See  State  ex  rel.  Brown  v. 

Howell. 

•  Industrial  Commission  v. 
v.  Kirschbraun  &  Sons.     See  Marshall 

&  Co.  v.  Kirschbraun  &  Sons. 
La  Fountain  &  W.  Co.  v. 
v.  Modern      Woodmen      of      America 
(L.R.A.1916E,  588,  —  Kan.  — ,  156 
Pac.  767) 
v.  Nichols    (L.R.A.1915D,  327,  93  Kan. 

737,  145  Pac.  561) 
Perkins  v. 
v.  Smallwood    (L.R.A.1916B,    931,    130 

Minn.  492,  153  N.  W.  953) 
State  v. 

United  Cigarette  Machine  Co.  v. 
v.  United    States    (L.R.A.1917A,    1133, 

233  Fed.  353) 
v.  Wightman    (L.R.A.1916A,    1140,    — 

Utah  — ,  151  Pac.  366) 
v.  Wilson  (L.R.A.1917B,  1184,  —  Okla. 

— ,  160  Pac.   94) 
Browning  v.   Browning    (L.R.A.1916C,   737, 

89  Kan.  98,  130  Pac.  852) 
Davidson  v. 

Brown   Shoe   Co.   v.   Hardin    (L.R.A.1916D, 
1199,  —  W.  Va.  — ,  87  S.  E.  1014) 
Broz  v.  Omaha  Maternity  &  General  Hos- 
pital  Asso.    (L.R.A.1915D,   334,   96 
Xeb.  G48,  148  N.  W.  575) 
Bruce,  State  v. 
Bruner  v.  Cobb  (L.R.A.1916D,  377,  37  Okla. 

228,  131   Pac.  165) 

Bruno,  Tremont  Theatre  Amusement  Co.  v. 
Brusha  v.  Board  of  Edu.  (L.R.A.1916C,  233, 

41  Okla.  595,  139  Pac.  298) 
Brushaber  v.  Union  P.  R.  Co.  (L.R.A.1917D, 
414,  240  U.  S.  1,  60  L,  ed.  493,  36 
Sup.  Ct.  Rep.  236) 
Bryan,  Wheeling  v. 

Bryant  v.  Bryant  (L.R.A.1916E,  648,  —  N. 
C.  — ,  88  S.  E.  147) 


458 


TABLE  OF  CASES. 


Bryant  v.  Continental  Casualty  Co.  (L.R.A. 

1916E,  945,  —  Tex.  — ,  182  S.  W. 

673) 
v.  Freeman     (L.R.A.1915D,     996,     131 

Tenn.  87,  173  S.  W.  863) 
Buchanan  v.  Orange  (L.R.A.191GE,  739,  118 

Va.  511,  88  S.  E.  52) 
Buckbee  v.   Hohenadel    (L.R.A.1916C,  1001, 

139  C.  C.  A.  478,  224  Fed.  14) 
Buckhannon  River  Coal  &  Coke  Co.,  Coal  & 

Coke  R.  Co.  v. 
Buckley   v.   Bangor   &    A.    R.    Co.    (L.R.A. 

1916A,  t5l7,  113  Me.  164,  93  Atl.  65) 
Branton  v. 
v.  Hudson  Valley  R.  Co.   (L.R.A.1915C, 

134,  212  X.  Y.  440,  106  N.  E.  121) 
Bucklin,  State  ex  rel.  Gwinn  v. 
Bucy  v.  Ardmore  Brick  &  Tile  Co.  (L.R.A. 

1917B,  1073,  —  Okla.  — ,  160  Pac. 

1126) 

Buddendorff,  Gulf  &  Ship  Island  R.  Co.  v. 
Buffalo,  New  York  C.  &  H.  R.  R.  Ce.  v. 
Buffum,  Smith  v. 
Bugbee,  Ely  v. 

Buick  Motor  Co.,  Macpherson  v. 
Buie,  Sutton  v. 

Builders'  Realty  Co.,  Jacob!  v. 
Building  Corp.  v.  Rubin  (—  R.  I.  — ).  •  See 

Granite  Building  Corp.  v.  Rubin. 
Bulkley,  Simpson  v. 
Sullen,  Re  (L.R.A.1916C,  670,  —  Utah,  — , 

151  Pac.  533)   ' 
Bullowa  v.  Gladding   (L.R.A.1917D,  832,  — 

R.  I.  — ,  100  Atl.  249) 
Bulls  Head  Coal  Co.,  Krutlies  v. 
Bumstead    v.    Missouri    P.    R.    Co.    (L.R.A. 

1917E,  734,  99  Kan.  589,  162  Pac. 

347) 
Bundy    v.    Nygaard.     See    State    ex    rel. 

Bundy  v.  Nygaard. 
Bunting,  State  v. 
Burck,  Ludke  v. 

Burckhard,  Peerless  Pacific  Co.  v. 
Burford,  Terry  v. 
Burke,  Copeland  v. 
Falk  v. 
Howard  v. 

Nixon  Min.  Drill  Co.  v. 
Burkholder,  Bromich  v. 
Burns,  Great  Southern  F.  Ins.  Co.  v. 
Nashville  v. 
Smith  v. 
Burns     International     Detective     Agency, 

Lilligren  v. 
Burr  v.  Beckler  (L.R.A.1916A,  1049,  264  111. 

230,  106  X.  E.  206) 
Burrill  v.  Pierce.     See  Tyler  v.  Treasurer 

and  Receiver  General. 
Burroughs  v.  Cocke  (L.R.A.1916E,  1170,  — 

Okla.  — ,  156  Pac.  196) 
Burroughs    Adding    Mach.    Co.    v.    Fryar 

(L.R.A.1916B,  791,  132  Tenn.  612, 

179  S.  W.  127 ) 
Burrus  v.  Nevada-California-Oregon  R.  Co. 

(L.R.A.1917D,    750,    38    Nev.    156, 

145  Pac.  926) 
Burson,  Evans  v. 
Burt  v.  Nichols  (L.R.A.1917E,  250,  264  Mo. 

1,  173  S.  W.  681) 
Burtless,  McCook  Irrig.  &  Water  Power  Co. 

v. 


Burton    v.    Rose     (L.R.A.1Q17E,    928,    137 

Tenn.  503,  194  S.  W.  575) 
Busching  v.  Ericsson.     See  People  ex  rel. 

Busching  v.  Ericsson. 
Bush,  Atkins  v. 

v.  Barksdale     (L.R.A.1917A,    111,    122 

Ark.  262,  183  S.  W.  171) 
Business  Men's  Racing  Asso.,  Gordon  v. 
Bussell,  Ihrif  v. 
Butler  v.  Cabe   (L.R.A.1915C,  702,  —  Ark. 

— ,  171  S.  W.  1190) 
v.  Kansas   City    (L.R.A.1916D,  626,  97 

Kan.  239,  155  Pac.  12) 
Butterworth,  Baker  v. 
Byers,  Southern  Exp.  Co.  v. 
Byland  v.  Dupont  De  Nemours  Powder  Co. 

(L.R.A.1915F,   1000,   93   Kan.    288, 

144  Pac.  251) 
Byrd  v.  State   (L.R.A.1915B,  1143,  —  Ga. 

— ,  83  S.  E.  513) 
Byrne    v.    Maryland    Realty    Co.     (L.R.A. 

1917A,  1216,  —  Md.  — ,  98  Atl.  547) 
v.  St.  Paul  (L.R.A.1917F,  545,  —  Minn. 

— ,  163  N.  W.  162) 
Bystrom    Bros.   v.    Jacobson    (L.R.A.1916D, 

966,  162  Wis.  180,  155  X.  W.  919) 

C. 

Cab,  Carriage  &  Transfer  Co.  v.  Hayden  (73 

Wash.  24).    See  City  Cab,  Carriage 

&  Transfer  Co.  v.  Hayden. 
Cabe,  Butler  v. 
Cabin  Valley  Min.  Co.  v.  Hall  (L.R.A.1916F, 

493,  —  Okla.  — ,  155  Pac.  570) 
Cadillac  Motor  Car  Co.  v.  Johnson  (L.R.A. 

1915E,  287,  221  Fed.  801) 
Cadwell,  Riverside  Irrig.  Co.  v. 
Cagle,  Clark  v. 
Cain  v.  Garner  (L.R.A.1916E,  682,  169*  Ky. 

633,  185  "S.  W.  122) 
Calahan  v.  Moll  (L.R.A.J916A,  744,  160  Wis. 

523,  152  N.  W.  179) 
Caldwell,  Eichoff  v. 
Calhoun   v.    Ainsworth    (L.R.A.1915E,    395, 

—  Ark.  — ,  176  S.  W.  316) 
Peabody  v. 
Peabody,  H.  &  Co.  v. 
California  Development  Co.,  Jones  v. 
California  Safe  Deposit  &  T.  Co.,  People  ex 

rel.  Webb  v. 
Calkins  v.  Hart   (L.R.A.1917B,  783,  219  X. 

Y.  145,  113  X.  E.  785) 
v.  Pierce    (L.R.A.1915D,    467,    112    Me. 

474,  92  Atl.  529) 
Callahan  v.   Nevada    (L.R.A.1916B,  927,  - 

Iowa,  — ,  153  N.  W.  188) 
Calloway  v.  White  (L.R.A.1f>17A.  1210,  171 

Ky.  366,  188  S.  W.  410) 
Calumet  &  Chicago  Canal  &  D.  Co.  v.  Conk- 
ling     (L.R.A.1917B,    814,    273    111. 

318,  112  N.  E.  982) 
Cambridge,  Perley  v. 
Camden,  Poole  v. 
Cameron,  State  v. 
Caminetti   v.   United    States    (L.R.A.1917F, 

502,  242  U.  S.  470.  61  L.  ed.  442, 

37  Sup.  Ct.  Rep.  192) 
Camp,  Martin  v. 
Campbell,  Ritzmann  v. 
Campbell  County  v.  Newport  (L.R.A.1917D, 

791,  174  Ky.  712,  193  S.  W.  1) 


TABLE  OF  CASES. 


459 


Campbell  Mill  Co.,  Vanderboget  v. 
Campbells  Creek  R.  Co.,  Moss  v. 
Campopiano    v.    Rhode    Island    Co.    (L.R.A. 

1916E,  911,  —  R.  I.  — ,  97  Atl.  597) 
Canaday,  Anderson  v. 
Canal  &  Dock  Co.  v.  Conkling  (273  111.  318). 

See  Calumet  &  Chicago  Canal  Jfc  D. 

Co.  v.  Conkling. 
Canal  Co.  v.  United  States  (223  Fed.  926). 

See  Chesapeake  &  D.  Canal  Co.  v. 

United  States. 

Cancienne,  Hibernia  Bank  &  Trust  Co.  v. 
Cannon,  Liggett  &  Myers  Tobacco  Co.  v. 
Canton  Ins.  Office  v.  Independent  Transp. 

Co.  (L.R.A.1915C,  408,  —  C.  C.  A. 

— ,  217  Fed.  213) 

Cantrell,  St.  Louis,  I.  M.  &  S.  R.  Co.  v. 
Capital  Trust  Co.,  Great  Northern  R.  Co.  v. 
Caples  v.  Morgan  (L.R.A.1917B,  760,  81  Or. 

692,  160  Pac.  1154) 
Car   Co.   v.   Johnson    (221   Fed.   801).    See 

Cadillac  Motor  Car  Co.  v.  Johnson. 
Cardinal,   Ex   parte    (L.R.A.1915F,   850,  — 

Cal.  — ,  P.U.R.1915E,  282,  150  Pac. 

348) 

Cardwell,  State  v. 
Carey  v.  Atlanta  (L.R.A.1915D,  684,  —  Ga. 

— ,  84  S.  E.  456) 

v.  Donohue   (L.R.A.1017A,  295,  240  U. 
-S.  430,  60  L.  ed.  726,  36  Sup.  Ct. 

Rep.  386) 
Fischer  v. 
v.  Myers    (L.R.A.1916B,  1056,  92  Kan. 

493,  141  Pac.  602) 
Carey  Co.,  Vickers  v. 
Cargill,  Mylius  v. 
Carini    v.    Beaven    (L.R.A.1915B,    825,    219 

Mass.  117,  106  N.  E.  589) 
Carle,  Birmingham  v. 
Carley  Heater  Co.,  O'Neil  v. 
Carlisle  v.  Ottley  (L.R.A.1917C,  393,  143  Ga. 

707.  85  S.  E.  1010) 
Carlson,  Olson  v. 
Carlton  Supply  Co.  v.  Battle  (L.R.A.1916A, 

026.  142  Ga.  605,  83  S.  E.  225) 
Carnegie  Fuel  Co.  v.  Interstate  Transfer  R. 

Co.  (L.R.A.1917C,  580,  —  Wis.  — , 

160  X.  W.  1046) 
Carnegie    Trust    Co.    v.    First    Nat.    Bank 

(L.R.A.1916C.  186,  213  N.  Y.  301, 

107  X.  E.  693) 
Carol  v.  Kenney   (L.R.A.1916F,  234,  —  La. 

— ,  71  So.  798) 
Carolina,  C.  &  0.  R.  Co.,  Garland  v. 

v.  Shewalter     (L.R.A.1916C,    964,    128 

Tenn.  363,  161  S.  W.  1136) 
Carpenter,  Re  (L.R.A.1916E,  498,  —  Cal.  — , 

156  Pac.  464) 
v.  Carpenter   (L.R.A.1917F,  974,  —  N. 

H.  — ,  101  Atl.  628) 
Carper    v.    United    Fuel    Gas    Co.    (L.R.A. 

1017A,  171,  —  W.  Va.  — ,  89  S.  E. 

12) 
Carr,  Dart  Mfg.  Co.  v. 

v.  Frye    (L.R.A.1917E,   814,   225  Mass. 

531,  114  N.  E.  745) 

v.  Plunkett.     See  Delaney  v.  Plunkett. 
Ramstad  v. 

Carr  Coal  Mining  &  Mfg.  Co.,  Sedlock  v. 
Carriage  &  S.  Co.  v.  Sweet   (—  Tex.  — ). 

See  Owosso  Carriage  &  S.  Co.  v. 

Sweet. 


Carroll   v.   Bowersock    (L.R.A.1917D,   1006, 

_100  Kan.  270,  164  Pac.  143) 
v.    .7hat    Cheer    Stables    Co.     (L.R.A. 
1916D,  154,  —  R.  I.  — ,  96  Atl.  208) 

Carson  v.  Ennis  (L.R.A.1917E,  650,  146  Ga. 
726,  92  S.  E.  221) 

Carta,  State  v, 

Carter,  Frank  v. 

v.  Papineau     (L.R.A.1916D,     371,     222 

Mass.  464,  111  N.  E.  358) 
Thurston  v. 

Carterville  v.  Gibson  (L.R.A.1915A,  106,  — 
:W  — ,  168  S.  W.  673) 

Carver-Shadbolt  Co.  v.  Loch  (L.R.A.1917C, 
1076,  87  Wash.  453,  151  Pac.  787) 

Case  v.  Steele  Coal  Co.  (L.R.A.1915J,  867, 
162  Ky.  68,  171  S.  W.  993) 

Casey  v.  Chicago  R.  Co.  (L.R.A.1916B,  824, 
269  111.  386,  109  X.  E.  984) 

Casper  Cone  Co.  v.  Industrial  Commission 
(L.R.A.1917E,  504,  165  Wis.  255, 
161  N.,  W.  784) 

Cass  County  v.  Nixon  (L.R.A.1917C,  897, 
35  N.  D.  601,  161  X.  W.  204) 

Castanie  v.  United  Rys.  Co.  (L.R.A.1915A, 
1056,  249  Mo.  192,  155  S.  W.  38) 

Casualty  Co.  v.  Bowron  (233  Fed.  89).    See 

Georgia  Casualty  Co.  v.  Bowron. 
v.  Cherryvale  Gas,  L.  &  P.  Co.  (99  Kan. 
563).     See  Maryland  Casualty  Co. 
v.  Cherryvale  Gas,  L.  &  P.  Co. 
v.  Coal  Co.  (164  Ky.  778).     See  Inter- 
state Casualty  Co.  v.   .Vallins  Coal 
Co. 

v.  Cunningham  ( —  Ala.  — ).    See  Con- 
tinental Casualty  Co.  v.  Cunning- 
ham. 
v.  Griffis    (—    Ind.    — ).      See    United 

States  Casualty  Co.  v.  Griffis. 
v.  Johnson  (91  Ohio  St.  155).    See  Xew 
Amsterdam  Casualty  Co.  v.  John- 
son. 

v.  Maloney   ( —  Ark.  — ).     See  Mary- 
land Casualty  Co.  v.  Maloney. 
v.  Peppard   ( —  Okla.  — ).     See  Mary- 
land Casualty  Co.  v.  Peppard. 

Casualty  Company  of  America,  Insurer  ( — 
Mass.  — ).    See  Hewitt,  Employee. 
Collins  v. 

Catani  v.  Swift  &  Co.  (L.R.A.1917B,  1272, 
251  Pa.  52,  95  Atl.  931) 

Cater  Transfer  Co.,  Gniber  v. 

Catherine  Creek  Develop.  Co.,  Hall  v. 

Catron,  Lovato  v. 

Caughron  v.  Stinespring  (L.R.A.1916C,  403, 
132  Tenn.  636,  179  S.  W.  152) 

Caulk,  McKinnon  C.  &  Co.  v. 

Causey  v.  Seaboard  A.  L.  R.  Co.  (L.R.A. 
1915E,  1185,  166  X.  C.  5,  81  S.  E. 
917) 

Cave  v.  Seaboard  A.  L.  R.  Co.  (L.R.A. 
1915B,  915,  94  S.  C.  282,  77  S.  E. 
1017) 

Cavender,  Mollohan  v. 

Cayuga  County  Cold  Storage  &  W.  Co., 
Ratchford  v. 

Cayuga  Invest.  Co.,  Mahoney  Land  Co.  v. 

Cazeaux,  Queensborough  Land  Co.  v. 

Cazort  &  McGehee  Co.,  First  Nat.  Bank  v. 

Cement  Co.  v.  Ice  Co.  (221  Fed.  200).  See 
Sandusky  Portland  Cement  Co.  v. 
Dixon  Pure  Ice  Co. 


460 


TABLE  OF  CASES. 


Cement  Co.  v.  Shepherd  (—  Okla.  — ) .    See 

Oklahoma  Portland  Cement  Co.  v. 

Shepherd. 
v.  United  States  Nat.  Bank   (—  Colo. 

— ).  See  United  States  Portland  C. 

Co.  v.  United  States  Nat.  Bank. 
Cement   Gun  Co.  v.  McGivern    (218   Mass 

198).     See   New   England  Cement 

Gun  Co.  v.  McGivern. 
Central  Georgia  Power  Co.  v.  Pope  (L.R.A. 

1916D,  358,  141  Ga.  186,  80  S.  E. 

642) 
Central    Hospital    for    Insane    v.    Adams 

(L.R.A.1916E,  94,   134   Tenn.   429, 

183  S.  W.  1032) 
Central  Leather  Co.,  O'Neill  v. 
Central    Massachusetts    Electric    Co.,    New 

York,  C.  &  H.  R.  R.  Co.  v. 
Central  of  Georgia  R.  Co.,  Emerson  v. 
Central  R.  Co.,  Actiesselskabet  Ingrid  v. 
v.  Young   (L.R.A.1916E,  927,  118  C.  C. 

A.  465,  200  Fed.  359) 
Central  Trust  Co.,  Chicago  Auditorium  Asso. 

v. 
v.  Chicago    Auditorium    Asso.    (L.R.A. 

1917B,  580,  240  U.  S.  581,  60  L.  ed. 

811,  36  Sup.  Ct.  Rep.  412) 
Havana  C.  R.  Co.  v. 
Central  Vermont  R.  Co.,  Bouchard  v. 
Cerri,  Pagano  v. 
Chadwick,  Snow  Iron  Works  v. 

State  v. 

Chaffee,  Howley  v. 
Chafor  v.  Long  Beach  (L.R.A.1917E,  685,  — 

Cal.  — ,  163  Pac.  670) 
Chalmers  Motor  Co.,  Clem  v. 
Chandler  v.  Chandler  (L.R.A.1916E,  830,  92 

Kan.  355,  140  Pac.  858) 
v.  French  (L.R.A.1915B,  561,  —  W.  Va. 

— ,  81  S.  E.  825) 
Ingraham  v. 
Chapman    v.    Chapman    (L.R.A.1916F,    528, 

224  Mass.  427,  113  N.  E.  359) 
v.  First  Nat.  "Bank   (L.R.A.1917F,  300, 

72  Or.  492,  143  Pac.  630) 
Harvey  v. 
Vanderbilt  v. 
Charleston,  Eastern  Illinois  State  Normal 

School  v. 
Charleston  &  W.  C.  R.  Co.  v.  Gosnell  (L.R.A. 

1917B,  215,  —  S.  C.  — ,  90  S.  E. 

264) 
Charleston  Hardware  Co.  v.  Warner  Elevator 

Mfg.  Co.    (L.R.A.1917C,  75,  —  W. 

Va.  — ,  90  S.  E.  674) 

Charleston  Light  &  Water  Co.,  Gaines  v. 
Chariest  own,  Kerby  v. 
Charlotte  v.  Alexander   (L.R.A.1917F,  493, 

—  X.  C.  — ,  92  S.  E.  384) 
Charlow  v.  Blankenship  (L.R.A.1917D,  1149, 

—  W.  Va.  — ,  92  S.  E.  318) 
Chase,  Cox  v. 

Chase  &  Co.  v.  Kelly  (L.R.A.1916A.  912,  125 

Minn.  317,  146  X.  W.  1113) 
Chatfield  Co.  v.  Reeves    (L.R.A.1916D,  321, 1 

87  Conn.  63,  86  Atl.  750) 
Chatman,  Norfolk  S.  R.  Co.  v. 
Chattanooga  Railway  &  L.  Co.,  Dickson  v. 
Chattanooga  Sav.  Bank,  Mutual  Ben.  L.  Ins. 

Co.  v. 
Cheadle    v.    State    (L.R.A.1915E,    1031,    — 

Okla.  Crim.  Rep.  — ,  149  Pac.  919) 


Cheatham   v.   Kelley    (L.R.A.1917C,   1,   170 

Ky.  429,  186  S.  W.  128) 
Cheesebrew  v.  Point  Pleasant  (L.R.A.1917D, 
237,  71  W.  Va.  199,  76  S.  E.  424, 
79  S.  E.  350) 

Chemical  Co.  v.  Jennings  (112  Miss.  513). 
See  Federal  Chemical  Co.  v.  Jen- 
nings. 

Cheney,  Leahy  v. 

Cherokee  County  Mut.  Teleph.  Asso.,  Bax- 
ter Teleph.  Co.  v. 
Cherryvale    Gas,    L.    &    P.    Co.,    Maryland 

Casualty  Co.  v. 
Cherveny,  Penas  v. 
Chesapeake  &  D.  Canal  Co.  v.  United  States 

(L.R.A.1916B,  734,  223  Fed.  926) 
Chesapeake  &  0.  R.  Co.,  Dorr  v. 

v.  Friend    (L.R.A.1915C,   148,   159   Ky. 

778,  169  S.  W.  509) 
Haddad  v. 

v.  Kelly    (L.R.A.1917F,  367,  241  U.  S. 
485,  60  L.  ed.  1117,  36  Sup.  Ct.  Rep. 
630) 
v.  Mason    (L.R.A.1916F,   127,   169    Ky. 

699,  185  S.  W.  71) 

v.  Public    Service   Commission    (L.R.A. 
1917F,  1190,  75  W.  Va.  100,  83  S. 
E.  286) 
'Sanders  v. 

Chesapeake  Stone  Co.  v.  Holbrook  (L.R.A. 
1916D,  311,  1GS  Ky.  128,  181  S.  W. 
953 ) 

Cheyenne,  Miles  v. 

Chicago  v.  Chicago  &  N.  W.  R.  Co.  (L.R.A. 
1017C,  238,  275  111.  30,  113  X.   E. 
F49) 
v.  Chicago    Transp.    Co.    (L.R.A.1915F, 

1062,  222  Fed.  238) 
v.  Drake  Hotel  Co.  (L.R.A.1917A,  1170, 

274  111.  408,  113  N.  E.   718) 
Galpin  v.    - 
Nahser  v. 

People  ex  rel.  Fursman  v. 
Chicago  &  A.  R.  Co.,  Jacksonville  v. 
McGuire  v. 

State  ex  rel.  Barker  v. 
Chicago  &  E.  I.  R.  Co.,  People  ex  rel.  Peeler 

v. 

Chicago  &  N.  W.  R.  Co.,  Chicago  v. 
Curtice  v. 
Davison  v. 
Fredericks  v. 
Karras  v. 

Chicago  Auditorium  Asso.  v.  Central  Trust 
Co.  (L.R.A.1917B,  580,  240  U.  S. 
581,  60  L.  ed.  811,  36  Sup.  Ct.  Rep. 
412) 

Central  Trust  Co.  v. 
Chicago,  B.  &  Q.  R.  Co.  v.  Gelvin    (L.R.A. 

1917C,  983,  238  Fed.  14) 
Higgins  &  Co.  v. 
Chicago  G.  W.  R.  Co.,  Wilmes  v. 
Chicago,  M.  &  G.  R.  Co.,  Hayden  v. 
Chicago,  M.  &  St.  P.  R.  Co.,  Appel  v. 
Barnhart  v. 
Eeard  v. 
Jacotscn  v. 

v.  State    (L.R.A.1916A.    1133,    238    U. 
S.  401.  f,J)  L.  ed.  3423,  P.U.R.1915D, 
706,  35  Sup.  Ct.  Rep.  869) 
State  v. 
State  ex  rel.  St.  Paul  v. 


TABLE  OF  CASES. 


461 


Chicago,  M.  &  St.  P.  R.  Co.,  Steltzer  v. 

Taylor  v. 

Chicago  R.  Co.,  Casey  v. 
Chicago,  R.  I.  &  P.  R.  Co.,  Allen  v. 

v.  Austin   (L.R.A.1917D,  666,  —  Okla. 

— ,  163  Pac.  517) 
Baldwin  v. 
v.  De  Vore  (L.R.A.1915F,  21,  43  Okla. 

534,  143  Pac.  864) 
Fraser  v. 
v.  Galvin    (L.R.A.1917A,  365,  —  Okla. 

— ,  158  Pac.  1153) 
v.  Humphreys    (L.R.A.1916E,   962,   107 

Ark.  330,  155  S.  W.  127) 
v.  Industrial  Board   (L.R.A.1916F,  540, 

273  111.  528,  113  N.  E.  80) 
Johnson  v. 
v.  Matukas     (L.R.A.1917C,     1066,     — 

Okla.  — ,  147  Pac.  1038) 
v.  Medley  (L.R.A.1916D,  587,  —  Okla. 

— ,  155  Pac.  211) 
v.  Pearce    (L.R.A.1915F,    551,   —   Ark. 

— ,  175  S.  W.  1160) 
v.  State    (L.R.A.1916F,   1281,  —  Okla. 

— ,  157  Pac.  1039) 
v.  Stone    (L.R.A.1915A,    142,   34   Okla. 

364,  125  Pac.  1120) 
v.  Watkins  (L.R.A.1915E,  311,  —  Ark. 

— ,  175  S.  W.  1157) 
Chicago  Transp.  Co.,  Chicago  v. 
Chickasaw  Hotel  Co.  v.  Barker  Constr.  Co. 
(L.R.A.1916F,  106,  —  Tenn.  — ,  186 
S.  W.  115) 
Childers,  Sorrels  v. 
Childs  Co.,  Stewart  v. 
Chippewa  Shoe  Mfg.  Co.,  Kerwln  v. 
Chitty   v.   Gillette    (L.R.A.1916A,    1181,   — 

Okla.  — ,  148  Pac.  1048) 
Chivers  v.  Johnston  Co.  (L.R.A.1917B,  1296, 

—  Okla.  — ,  161  Pac.  822) 
Choate  v.  State  (L.R.A.1917A,  1287,  —  Okla. 

Crim.  Rep.  — ,  160  Pac.  34) 
Chocta\7  County,  Davis  v. 
Chreste  v.  Louisville  R.  Co.    (L.R.A.1917B, 

1123,  167  Ky.  75,  180  S.  W.  49) 
Christenson,    Re     (L.R.A.1916C,    1214,    128 

Minn.  17,  150  N.  W.  213) 
Madson  v. 

Christison  v.  St.  Paul  Fire  &  M.  Ins.  Co. 
.       (L.R.A.1917F,    612,    —    Minn.    — , 

163  X.  W.  980) 
Christnacht,  Watertown  v. 
Christopherson  v.  Minneapolis,  St.  P.  &  S. 

Ste  M.  R.  Co.    (L.R.A.1915A,  761, 

—  N.  D.  — ,  147  N.  W.  791) 
Cincinnati,  Louden  v. 

Cincinnati,  N.   0.  &  T.  P.  R.  Co.,  Doppes 

Sons  Lumber  Co.  v. 
v.  Eastham    (L.R.A.1915C,   27,  —  Ky. 

— .  169  S.  W.  886) 

v.  Rankin  (L.R.A.1917A,  265,  241  U.  S. 
319,   60   L.   ed.    1022,   36   Sup.   Ct. 
.    Rep.  555)  • 
v.  Roddy  (L.R.A.1916E,  974,  132  Tenn. 

568,  179  S.  W.  143) 
Smith  v. 
Todd  v. 
Cissna   Loan  Co.   v.   Gawley    (L.R.A.1916B, 

807,  —  Wash.  — ,  151  Pac.  792) 
Citizens'    Gas    &   E.    Co.   v.    Black    (L.R.A. 
1917D.  559,  —  Ohio  St.  — ,  115  N. 
E.  495) 


Citizens'  Ins.  Co.,  Van  Nest  v. 
Citizens'  National  Bank,  Gilbert  v. 
Citizens'  State  Bank,  Arnold  Invest.  Co.  v. 
v.  First  Nat.  Bank   (L.R.A.1917A,  696, 

98  Kan.  109,  157  Pac.  392) 
Shuman  v. 

Citizens'  Trust  Co.  v.  McDougald  (L.R.A. 
1917C,  840,  132  Tenn.  323,  178  S. 
W.  432) 

City  Cab,  Carriage  &  Transfer  Co.  v.  Hay- 
den  (L.R.A.1915F,  726,  73  Wash. 
24,  131  Pac.  472) 

Claim  &  Adjustment  Co.  v.  Northwest  Loan 
&    T.    Co.    (81    Wash.    247).      See 
Creditors'  Claim  &  A.  Co.  v.  North- 
west Loan  &  T.  Co. 
Clair,  People  v. 

Claringbold  v.  Council  of  Newark    (L.R.A. 
1916E,    1101,   —   Del.   — ,   94   Atl. 
1102) 
Clark,  Arizona  &  N.  M.  R.  Co.  v. 

Attorney  General  ex  rel.  Treasurer  and 

Receiver  General  v. 
v.  Cagle    (L.R.A.1915A,    317,    141    Ga. 

703,  82  S.  E.  21) 
Cohn  v. 
v.  Detroit  &  M.  R.  Co.    (L.R.A.1917F, 

851,  —  Mich.  — ,  163  X.  W.  964) 
v.  Du   Pont   de    Nemours   Powder    Co. 
(L.R.A.1915E,  479,  94  Kan.  268,  146 
Pac.  320) 

First  Nat.  Bank  v. 
v.  Goodwin  (L.R.A.1916A,  1142,  —  Cal. 

— ,  150  Pac.  357) 
Kaufman  v. 
Nicolosi  v. 

v.  Northern    P.    R.    Co.    (L.R.A.1917E, 

399,  36  X.  D.  503.  162  X.  W.  406) 

v.  North  Pacific  S.  S.  Co.  (L.R.A.1916E, 

487,  74  Or.  470,  144  Pac.  472) 
v.  Osage    County    (L.R.A.1917B,    1269, 

-  Okla.  — ,  161  Pac.  791) 
v.  Wambold  (L.R.A.1917C,  211,  —  Wis. 

— ,  160  N.  W.  1039) 
v.  Wells   (L.R.A.1916F.  476,  127  Minn. 

353,  149  X.  W.  547) 

Clark  Distilling  Co.  v.  American  Express 
Co.  (242  U.  S.  311).  See  Clark  Dis- 
tilling Co.  v.  Western  Maryland  R. 
Co. 

v.  Western  M.  R.  Co.  (L.R.A.1917B, 
1218,  242  U.  S.  311,  61  L.  ed.  326, 
37  Sup.  Ct.  Rep.  180) 

Clarke  v.  Treasurer  and  Receiver  General 
(L.R.A.1917D,  800,  226  Mass.  301, 
115  X.  E.  416) 

Clark  Implement  Co.  v.  Wadden  (L.R.A. 
1915C,  414,  —  S.  D.  — ,  149  X.  W. 
424) 

Clarkson,  Alexander  v. 
Clausen,  State  ex  reL  Washington  Pav.  Co. 

v. 

Claybrook,  Hahn  v. 

Clearview  Coal  Co.,  Com.  ex  rel.  Keator  v. 
Clem  v.  Chalmers  Motor  Co.   (L.R.A.1916A, 
352,  178  Mich.  340,  144  X.  W.  848) 
Clemans,  Hoyt  v. 
Clements  v.   Blanchard    (L.R.A.1917A,  993, 

141  Ga.  311,  80  S.  E.  1004) 
V.  Jackson  County  Oil  &  G.  Co.  (L.R.A. 
191 7C,  437,  —  Okla.  — ,  161  Pac. 
216) 


462 


TABLE  OF  CASES. 


Clements,  Woods  v. 

Clester  v.  Clester  (L.R.A.1915E,  648,  90  Kan. 

638,  135  Pac.  996) 
Cleveland  &  P.  R.  Co.,  State  v. 
Cleveland,  C.  C.  &  St.  L.  R.  Co.  v.  Schuler 

(L.R.A.1915A,  884,  —  Ind.  — ,  105 

X.  E.  567) 
Starkey  v. 
Cleveland  Metal  Roofing  &  Ceiling  Co.  v. 

Gaspard  (L.R.A.1915A,  768,  —  Ohio 

St.  — ,  106  N.  E.  9) 
Clinchfield  Fuel  Co.  v.  Lundy  (L.R.A.1915B, 

418,  —  Tenn.  — ,  169  S.  W.  563) 
Cline    v.    Studebaker    Corp.    (L.R.A.1916C, 

1139,  —  Mich.  — ,  155  N.  W.  519) 
Cloak  &  Suit  Co.  v.  Roquette  (30  N.  D.  143). 

See  Sunshine  Cloak  &  Suit  Co.  v. 

Roquette. 

Cloke,  Empire  Theatre  Co.  v. 
Clyde  S.   S.   Co.  v.   Whaley    (L.R.A.1916F, 

289, 231  Fed.  76) 
Coal  &  Coke  Co.  v.  Keen  (—  Ky.  — ).    See 

Kentland  Coal  &  Coke  Co.  v.  Keen. 
Coal  &  Coke  R.  Co.  v.  Buckhannon  River 

Coal    &    Coke    Co.     (L.R.A.1917A, 

663,  —  W.  Va.  — ,  87  S.  E.  376) 
Coal  &  Ice  Co.  v.  District  Court  (129  Minn. 

502).     See   State   ex  rel.   People's 

Coal  &  Ice  Co.  v.  District  Court. 
Coal  Co.  v.  Bank  ( —  Wyo.  — ).     See  Acme 

Coal  Co.  v.  Northrup  Nat.  Bank. 
v.  Keech   (239    Fed.    48).      See    Spring 

Coal  Co.  v.  Keech. 

v.  Pratt   (—  Ky.  — ).     See  Consolida- 
tion Coal  Co.  v.  Pratt. 
v.  Savage    ( —   Me.  — ).     See  Howard 

Coal  Co.  v.  Savage. 
Coast   Co.   v.   Barge   Co.    (79   Wash.   216). 

See  Alaska  Coast    Co.    v.    Alaska 

Barge  Co. 
Cobb,  Bruner  v. 
Coble  v.  Barringer  (L.R.A.1916E,  901,  —  N. 

C.  — ,  88  S.  E.  518) 
Coburn  v.  Ries.    See  State  ex  rel.  Coburn  v. 

Ries. 

Coca-Cola  Bottling  Co.,  Crigger  v. 
Cochrane,  United  States  Fidelity  &  G.  Co. 

v. 

Cocke,  Burroughs  v. 
Coe  v.  Knigrhts  &  Ladies  of  Security  (L.R.A. 

1915B,  744,  96  Neb.  130,  147  N.  W. 

112) 
Coeur  d'Alene   Lumber    Co.    v.    Thompson 

(L.R.A.1915A,  731,  —  C.  C.  A.  — , 

215  Fed.  8) 
Coffey  v.  Gay  (L.R.A.1915D,  802,  —  Ala.  — , 

67  So.  681) 
Coffin  v.  Laskau  (L.R.A.1915E,  959,  89  Conn. 

325,  94  Atl.  370) 
Coffman   v.   Malone    (L.R.A.1917B,   258,   98 

Neb.  819,  154  X.  W.  726) 
Paragould  Abstract  &  Real  Estate  Co. 

v. 
Cohen,  Neiberg  v. 

v.  Todd    (L.R.A.1915E,  846,  130  Minn. 

227,  153  X.  W.  531) 
Cohn  v.  Clark   (L.R.A.1916B,  686,  —  Okla. 

— ,  150  Pac.  467) 
Cokely,  Cunningham  v. 
Colburn    v.    Washington    State    Art    Asso. 
(L.R.A.1915A,    594,   —    Wash.    — , 

141  Pac.  1153) 


Cole,  Jarrell  v. 

Kenmare  School  Dist.  No.  28  v. 
People  v. 

St.  Louis  &  S.  F.  R.  Co.  v. 
Cole  Mfg.  Co.,  Shaw  v. 
Coley,  De  Spain  v. 

Colfax  Consolidated  Coal  Co.,  Hunter  v. 
Collar  v.  Bingham   Lake   Rural  Teleph.  Co. 
(L.R.A.1916C,    1249,   —   Minn.    — , 
155  N.  W.  1075) 
Collins,  Briggs  v. 

v.  Casualty  Co.  of  America  (L.R.A. 
1916E,  1203,  —  Mass.  — ,  112  X. 
E.  634) 

Colonial  Refining  Co.  v.  Lathrop  (L.R.A. 
1917F,  890,  —  Okla.  — ,  166  Pac. 
747) 

Colonization  Co.  v.  Derfler  ( —  Fla.  — ). 
See  Southern  Colonization  Co.  v. 
Derfler. 

Colonization  Soc.  v.  Soulsby  (129  Md.  605). 
See  American  Colonization  Soc.  v. 
Soulsby. 

Colorado  Mortg.  &  Invest.  Co.  v.  Giacomini 
(L.R.A.1915B,  364,  55  Colo.  540,  136 
Pac.  1039) 

Columbia  &  N.  R.  R.  Co.,  Salmi  v. 
Columbia  Nat.  Bank,  Gilpin  v. 
Columbian  Nat.  L.  Ins.  Co.,  McDonald  v. 
Columbia    Railway,    Gas    &    Electric    Co., 

Easier  v. 

Columbus    v.    American    Gas    Co.    (L.R.A. 
1915F,  1180,   96   Kan.   367,  P.U.R. 
1915F,  889,  149  Pac.  402) 
Columbus  R.  Co.  v.  Kitchens  (L.R.A.1915C, 

570,  142  Ga.  677,  83  S.  E.  .",_' 
v.  Newsome  (L.R.A.1915B,  1111,  —  Ga. 

— ,  83  S.  E.  506) 
Colvill  v.  Fox   (L.R.A.1915F,  894,  —  Mont. 

— ,  149  Pac.  496) 
Colvin  v.  Goff  (L.R.A.1917C,  300,  82  Or.  314, 

161  Pac.  568) 
Phillips  v. 

Comisky  v.  Norfolk  &  W.  R.  Co.  (L.R.A. 
1917D,  220,  —  W.  Va.  — ,  90  S.  E. 
385) 

Comley,  Louisville  &  N.  R.  Co.  v. 
Commercial  Bank  &  T.  Co.,  Tatum  v. 
Commercial  State  Bank,  Swenson  Bros.  Co. 

v. 
Commercial  Teleph.  &  Teleg.  Co.,  People  ex 

rel.  Pearce  v. 

Commercial  Trust  Co.,  Knoll  v. 
Commission  Co.  v.  Hicks    (92    Kan.    922). 
See  Woods-Egan  Live  Stock  Com. 
Co.  v.  Hicks. 
Com.,  Adams  v. 

v.  Alden    Coal   Co.    (L.R.A.1916F,   154, 

251  Pa.  134,  96  Atl.  246) 
Boggs  v. 
Brannon  v. 
Cassady  v. 
v.  Cassady  (L.R.A.1915A,  1214,  159  Ky. 

776,  169  S.  W.  497) 

ex  rel.   Keator  v.   Clearview   Coal  Co. 
(L.R.A.1917E,  672,  256  Pa.  328,  100 
Atl.  820) 
V.  Connor  Co.    (L.R.A.1916B.  1236,  222 

}lass.  299,  110  N.  E.  301) 
Delk  v. 
(          Frogg  v. 
Gray  v. 


TABLE  OF  CASES. 


463 


Com.,  Hillman  Land  &  Iron  Co.  v. 
'    v.  Hinson    (L.R.A.1917B,   139,  143  Ky. 

428,  136  S.  W.  912) 
Hollin  v. 
v.  Illinois  C.  R.  Co.  (L.R.A.1915B,  1060, 

—  Ky.  — ,  170  S.  W.  171) 

v.  Johnson  (L.R.A.1916D,  267,  167  Ky. 

727,  181  S.  W.  368) 
v.  Karvonen     (L.R.A.1915B,     706,    219 

Mass.  30,  106  N.  E.  556) 
v.  Kingsbury    (L.R.A.1915E,    264,    199 

Mass.  542,  85  N.  E.  848) 
Lawson  v. 
Lenihan  v. 

Louisville  &  N.  R.  Co.  v. 
McAfee  v. 
Melton  v. 
v.  Minnich   (L.R.A.1916B,  950,  250  Pa. 

363,  95  Atl.  565) 
ex   rel.    Mother's   Assistance   Fund   v. 

Powell  (L.R.A.1917E,  1150,  256  Pa. 

470,  100  Atl.  964) 
v.  Richmond     (L.R.A.1915A,    1118,    — 

Va.  — ,  81  S.  E.  69) 
v.  Ritchey   (L.R.A.1917B,  697,  171  Ky. 

330,  188  S.  W.  397) 
ex  rel.  Attorney  General  v.  Run  (L.R.A. 

1917D,  283,  173  Ky.  771,  191  S.  W. 

498) 
v.  Smith    (L.R.A.1915D,    172,   163   Ky. 

227,  173  S.  W.  340) 
v.  Southern  Exp.  Co.  (L.R.A.1915B,  913, 

—  Ky.  — ,  169  S.  W.  517) 
Teague  v. 

ex  rel.  Bell  v.  Tradesmen's  Trust  Co. 

(L.R.A.1916C,  10,  250  Pa.  378,  95 

Atl.  577) 
Trotter  v. 

Commonwealth  Commercial  Co.,  Dorothy  v. 
Commonwealth  Ins.  Co.,  Gilman  v. 
Compton   v.    Akers    (L.R.A.1917D,    758,   96 

Kan.  229,  150  Pac.  219) 
Condon  v.  Forest  Park   (L.R.A.1917E,  314, 

278  111.  218,  115  N.  E.  825) 
Cone  Co.  v.  Industrial  Commission  ( —  Wis. 

— ).     See  Casper  Cone  Co.  v.  In- 
dustrial Commission. 
Conkling,  Calumet  &  Chicago  Canal  &  D. 

Co.  v. 
Conley  v.    United   Drug   Co.    (L.R.A.1915D, 

830,  218  Mass.  238,  105  N.  E.  975) 
Connable,  Reilly  v. 
Connecticut  Co.,  Dwy  v. 

White  v. 

Connecticut  Mut.  L.  Ins.  Co.,  Devin  v. 
Conner,  Pulaski  Oil  Co.  v. 
Conners,  Cook  v. 
Connolly,  Re    (L.R.A.1916D,  635,  —  Wash. 

— ,  154  Pac.  155) 
Connor  Co.,  Com.  v. 
Conrad   v.   Roberts    (L.R.A.1915E,    131,   95 

Kan.  180,  147  Pac.  795) 
Conradsen     v.     Osceola    Consol.     Min.     Co. 

(L.R.A.1915F,  578,  180  Mich.   155, 

146  N.  W.  638) 
Consolidation    Coal    Co.    v.    Pratt    (L.R.A. 

1916D,  1229,  —  Ky.  — ,  184  S.  W. 

369) 
Continental  Casualty  Co.,  Bryant  v. 

v.  Cunningham    (L.R.A.1915A,    538,  — 

Ala.  — ,  66  So.  411) 
Continental  Ins.  Co.,  Murphy  v. 


Continental  L.  Ins.  &  Invest.  Co.,  Ihrke  v. 
Conway  v.  District  Board.    See  State  ex  rel. 

Conway  v.  District  Board, 
v.  Kinston  (L.R.A.1916B,  945,  —  N.  C. 

— ,  86  S.  E.  524) 
v.  Monidah  Trust  (L.R.A.1915E,  500,  47 

Mont.  269,  132  Pac.  26) 
v.  Salt  Lake  &  0.  R.  Co.  (L.R.A.1916D, 

1109,  —  Utah,  — ,  155  Pac.  339) 
Coody  v.  Coody  (L.R.A.1915E,  465,  39  Okla. 

719,  136  Pac.  754) 
Cook,  Brown  v. 

v.  Conners   (L.R.A.1916A,  1074,  215  N. 

Y.  175,  109  N.  E.  78) 
v.  Danville  (L.R.A.1915A,  1199.  —  Va. 
— ,  82  S.  E.  90) 

v.  Griffith  (L.R.A.1916D,  466,  W. 

Va.  — ,  86  S.  E.  879) 
Hamilton  Nat.  Bank  v. 
v.  Highland  Hospital  (L.R.A.1915D, 

611,  168  N.  C.  250,  84  S.  E.  352) 
Nettleton  v. 
v.  Packard  Motor  Car  Co.  (L.R.A.1915C, 

319,  88  Conn.  590,  92  Atl.  413) 
Powers  v. 

Cook  County,  Wayman  v. 
Cooke  v.  Northern  P.  R.  Co.  (L.R.A.1916D, 

345,  32  N.  D.  340,  155  N.  W.  867) 
Coombs    v.    Southern    Wisconsin    R.    Co. 
(L.R.A.1916D,   539,   162   Wis.   Ill, 
155  N.  W.  922) 

Coon  v.  Kentucky  &  Indiana  Terminal  R. 
Co.    (L.R.A.1915D,  160,  —  Ky.  — , 
173  S.  W.  325) 
v.  Metzler   (L.R.A.1916B,   667,  —  Wis. 

— ,  154  X.  W.  377) 
Coons  v.  Pritchard  (L.R.A.1915F,  558,  —  Fla. 

— ,  68  So.  225) 

Cooper,  Louisville  &  N.  R.  Co.  v. 
Co-operative  Asso.,  Jones  v. 
Co-operative  Barrel  Co.,  Barber  Agency  Co. 

v. 

Cooper  Rubber  Co.  v.  Johnson  (L.R.A.1917A, 

282,  133  Tenn.  562,  182  S.  W.  593) 

Copeland  v.  Burke   (L.R.A.1917A,  1165,  — 

Okla.  — ,  158  Pac.  1162) 
v.  Copeland  (L.R.A.1917B,  287,  —  Okla. 

— ,  159  Pac.  1122) 
Meginnes  v. 

Copelin  v.  Berlin  Dye  Works  &  Laundry  Co. 
(L.R.A.1915C,  712,  —  Cal.  — ,  144 
Pac.  961) 

Coppage  v.  State  (L.R.A.1915C,  960,  236  U. 
S.  1,  59  L.  ed.  441,  35  Sup.  Ct.  Rep. 
240) 

Copper  Securities  Co.  v.  Amalgamated  Cop- 
per  Co.    (139   C.   G.   A.   15).     See 
United    Copper    Securities    Co.    v. 
Amalgamated  Copper  Co. 
Copping  v.  Termini   (L.R.A.1915A,  222,  — 

La.  — ,  65  So.  132) 
Corbell,  Tempe  v. 

Corcoran  v.  Postal  Teleg.-Cable  Co.  (L.R.A. 
1915B,  552,  80  Wash.  570,  142  Pac. 
29) 

State  v. 
Corduan  v.  McCloud  (L.R.A.1915D,  1190,  — 

N.  J.  — ,  93  Atl.  724) 
Corless,  Porizky  v. 

Saville  v. 

Cormick,  Re  (L.R.A.1017D.  265,  100  Xeb. 
669,  160  X.  W.  989) 


464 


TABLE  OF  CASES. 


Connick  v.  First  Trust  Co.    See  Cormick, 

Re. 
Cornellier  v.  Haverhill  Shoe  Manufacturers' 

Asso.  (L.R.A.1916C,  218,  221  Mass. 

554,  109  N.  E.  643) 
Comils,   Re    (L.R.A.1915E,    762,    —    Iowa, 

— ,  149  N.  W.  65) 
Jacobs  v. 
Coronado  Beach    Co.    v.    Pillsbury   (L.R.A. 

1916F,  1164,  —  Gal.  — ,  158  Pac. 

212) 

Coronas,  American  R.  Co.  v. 
Corporation  Com.  v.  Morrison  &  Sons  Co. 

See  State  ex  rel.  Corporation  Com. 

v.  Morrison  &  Sons  Co. 
Cortland  v.  Larson   (L.R.A.1917A,  314,  273 

111.  602,  113  N.  E.  51) 
Costello   v.   Bridges    (L.R.A.1915A,   853,  — 

Wash.  — ,  142  Pac.  687) 
Palmer  v. 
Cottingham  v.  Maryland  Motor  Car  Ins.  Co. 

(L.R.A.1915D,  344,  168  N.  C.  259, 

84  S.  E.  274) 
Cotton,  Hall  v. 
Husband  v. 
Cotton  Press  &  S.  Co.  v.  Miller  ( —  Tenn. 

— ).     See  Merchants'  Cotton  Press 

&  S.  Co.  v.  Miller. 
Coultrap,  Hall  v. 

Council  of  Newark,  Claringbold  v. 
County  Comrs.,  State  ex  rel.  Lorenzino  v. 
v.  Willett  (—  Okla.  — ).    See  Board  of 

County  Comrs.  v.  Willett. 
County  Court  of  Wetzel  County  v.  Baltimore 

&  0.  R.  Co.   (L.R.A.1917C,  967,  — 

W.  Va.  — ,  87  S.  E.  884) 
County  Court  of  Wyoming  County  v.  White 

(L.R.A.1917D,  660,  —  W.  Va.  — ,  91 

S.  E.  350) 
Courtsol,  State  v. 
Covington,  South  Covington  &  C.  Street  R. 

Co.  v. 
Cox  v.   Chase    (L.R.A.1915E,  590,  95  Kan. 

531,  148  Pac.  766) 
v.  Maryland  E.  R.  Co.   (126  Md.  300). 

See  State  Use  of  Cox  v.  Maryland 

E   R   Co 
y.  Revelle   (L.R.A.1915E,  443,  125  Md. 

579,  94  Atl.  203) 
Union  Trust  Co.  v. 
Wallace  v. 
Coy  v.  Title  Guarantee  &  T.  Co.    (LH.A. 

1915E.  211,  220  Fed.  90) 
Coyne,  Alexander  v. 
Craft,  St.  Louis,  I.  M.  &  S.  R.  Co.  v. 
Craig  County  v.  Smartt  (L.R.A.1916F,  892, 

—  Okla.  — ,  158  Pac.  601) 
Cramblitt    v.    Percival-Porter    Co.    (L.R.A. 

1917C,  77,  —  Iowa,  — ,  158  N.  W. 

541) 

Crandall  &  Godley  Co.,  Godley  v. 
Crane,  Jorgenson  v. 

People  v. 

Crane  Breed  Mfg.  Co.,  Hall  Furniture  Co.  v. 
Crane  Co.,  Vesper  v. 
Cravens,  Merritt  v. 
Crawford,  Pugh  v. 

v.  Seattle,  R.  &  S.  R.  Co.  (L.R.A.1916C, 

516.  _  Wash.  — .  153  Pac.  363) 
v.  Seattle,  R.  &  S.  R.  Co.  (L.R.A.1916D, 

732,  86  Wash.  628,  150  Pac.  1155) 
Yazoo  &  M.  V.  R.  Co.  v. 


Crayter,  Bank  of  Guntersville  v. 
Creal,  Kentucky  Highlands  R.  Co.  v. 
Creamer   v.   Harris    (L.R.A.1915C,   653,  — 

Ohio  St.  — ,  106  N.  E.  967) 
Creamery  Package  Mfg.  Co.,  State  v. 

Virtue  v. 
Creditors'  Claim  &  A.  Co.  v.  Northwest  Loan 

&    T.    Co.    (L.R.A.1917A,    737,    81 

Wash.  247,  142  Pac.  670) 
Creekmore  v.  United  States   (L.R.A.1917C, 

845,  237  Fed.  743) 
Creighton,  Hoopes  v. 
Crenshaw-Gary     Lumber     Co.     v.     Norton 

(L.R.A.1916E,  1227,  —  Miss.  — ,  72 

So.  140) 

Crescent  Drug  Co.,  American  Mfg.  Co.  v. 
Crescent  Garment  Co.,  Anderson  v. 
Creyhon    v.    Board    of    Education    (L.R.A. 

1917C,  993,  99  Kan.  824,  163  Pac. 

145) 
Crigger  v.  Coca-Cola    Bottling    Co.    (L.R.A. 

1916B,  877,  132  Tenn.  545,  179  S. 

W.  155) 
Crise,  Slagle  v. 
Criswell  v.  Criswell  (L.R.A.1917E,  1103,  — 

Neb.  — ,  163  N.  W.  302) 
Crombie  v.  Superior  Court.    See  State  ex  rel. 

Crombie  v.  Superior  Court. 
Crook,  Meridian  v. 
Cropper  v.   Gaar    (L.R.A.1916B,    1139,    151 

Ky.  376,  151  S.  W.  913) 
Crosby  v.   Maine   C.   R.   Co.    (L.R.A.1915E, 

225,  —  Me.  — ,  93  Atl.  744) 
Crotts     v.     Winston-Salem      (L.R.A.1916B, 

1049,  —  N.  C.  — ,  86  S.  E.  792) 
Crouch    v.    Southern    Surety    Co.     (L.R.A. 

1915D,  966,  131  Tenn.  260,  174  S. 

W.  1116) 
Crout   v.   Yazoo   &   M.    V.   R.    Co.    (L.R.A. 

1915E,  281,  131  Tenn.  667,  176  S. 

W.  1027) 
Crow  v.  McKown  (L.R.A.1915E,  372,  —  Ala. 

— ,  68  So.  341) 
v.  Mitchell  (L.R.A.1917D,  912,  269  Mo. 

697,  192  S.  W.  417) 
Crowder  State  Bank  v.  JEtna.  Powder  Co. 

(L.R.A.1917A,  1021,  41   Okla.  394, 

138  Pac.  392) 
Crowley    v.    State    (L.R.A.1917A,    661,    — 

Ohio  St.  — ,  113  N.  E.  658) 
Crudup,  Potts  v. 

Crump,  State  ex  rel.  Thompson  v. 
Crutchfield,  National  Union  F.   Ins.  Co.  v. 
Cudjoe    v.    State    (L.R.A.1916F,     1251, 

Okla.  Grim.  Rep.  — ,  154  Pac.  500) 
Cullens  v.  Cullens  (L.R.A.1917B,  74;  161  N. 

C.  344,  77  S.  E.  228) 
Culley   v.    Badgley    (L.R.A.1917F,    359,   — 

Mich.  — ,  163  N.  W.  33) 
Culp  v.  Sandoval  (L.R.A.1917A,  1157,  —  N. 

M.  — ,  159  Pac.  956) 
Culver,  Runyan  v. 
Cumberland  County  Power  &  L.  Co.,  Foster 

v. 

Cumberland  Sav.  &  Trust  Co.,  State  Bank  v. 

Cumberland  Teleph.  &  Teleg.  Co.,  Borell  v. 

v.  Peacher  Mill  Co.  (L.R.A.1915A,  1045, 

—  Tenn.  — ,  164  S.  W.  1145) 
Cummings  v.  Lobsitz  (L.R.A.1915B,  415,  — 

Okla.  — ,  142  Pac.  993) 
Standard  Fashion  Co.  v. 
State  ex  reL  Bell  v. 


TABLE  OF  CASES. 


465 


Cummings  v.  Wallower   (L.R.A.1915E,  774, 

—  Okla.  — ,  149  Pac.  864) 
Cunningham  v.   Cokely    (L.R.A.1917B,  718, 

—  W.  Va.  — ,  90  S.  E.  546) 
Continental  Casualty  Co.  v. 

v.  Shelby  (L.R.A.1917B,  572,  —  Tenn. 

— ,  188  S.  W.  1147) 
State  v. 
Curtice  v.  Chicago  &  N.  W.  R.  Co.  (L.R.A. 

1916D,  316,  162  Wis.  421,  156  N. 

W.  484) 
Curtis,  Union  Trust  'Co.  v. 

Varney  v. 

Curtis,  Towle  &  Paine  Co.,  Egner  v. 
Cushman  v.  Cushman  (L.R.A.1916C,  732,  80 

Wash.  615,  142  Pac.  26) 
Cutler    v.    Keller    (L.R.A.1917C,    1116,    88 

Wash.  334,  153  Pac.  15) 
Cutlip,  State  v. 
Cutsinger   v.   Atlanta    (L.R.A.1915B,   1097, 

—  Ga.  — ,  83  S.  E.  263) 
Czarnecki,  Scown  v. 

D. 

Daboll  v.  Moon  (L.R.A.1915A,  311,  88  Conn. 

387,  91  Atl.  646) 
D'Adamo,  Re  (L.R.A.1915D,  373,  212  N.  Y. 

214,  106  N.  E.  81) 
Baffin,  Nicholson  v. 
Daggett,  State  ex  rel.  Jarvis  v. 
Daily  News  Co.,  Van  Lonkhuyzen  v. 
Dairy  Co.  v.  Sohmer  (218  X.  Y.  199).     See 

People  ex  rel.  Empire  State  Dairy 

Co.  v.  Sohmer. 
Daisey   v.  Wagner    (L.R.A.1915D,  157,  162 

Ky.  554,  172  S.  W.  942) 
Dale,   Hardin  v. 
Damas  v.  People  (L.R.A.1917D,  591,  —  Colo. 

— ,  163  Pac.  289) 
Danaher,    Southwestern   Teleg.    &    Teleph. 

Co.  v. 

Daniel,  Boley  v. 
Daniels    v.    Board    of    Education    (L.R.A. 

1916F,   468,   —   Mich.   — ,   158   N. 

W.   23) 
v.  Wagner   (L.R.A.1916A,  1116,  237  U. 

S.    547,   59    L.   ed.    1102,    35    Sup. 

Ct.  Rep.  740) 
Danielson  v.  Danielson   (L.R.A.1917D,  624, 

_  \vis.  — ,  161   S.  W.   787) 
Dant,  Western  U.  Teleg.  Co.  v. 
Danville,  Cook  v. 
Darbrinsky    v.    Pennsylvania    Co.    (L.R.A. 

1915E,   781,   248   Pa.   503,  94   Atl. 

269) 
Darnell  v.  State  Nat.  Bank    (L.R.A.1916F, 

1279,  —  Okla.  — ,  158   Pac.   921) 
Dart,  Re  (L.R.A.1916D,  905,  —  Cal.  — ,  155 

Pac.  63) 
Dart  Mfg.   Co.  v.  Carr    (L.R.A.1916E,  449, 

—  Iowa,  — ,  156  N.  W.  714) 
Daugherty,   Texas   Co.  v. 

Davenport  v.  Silvey  (L.R.A.1916A,  1240,  265 
Mo.  543,  178  S.  W.  168) 

Davidson,  Ancient  Order  of  United  Work- 
men v. 
v.  Browning    (L.R.A.1915C,  976,  —  W. 

Va.  — ,  80  S.  E.  363) 
Fisher   v. 

Davie    v.    Douglas    (L.R.A.1916B,    1261,    98 
Neb.    479,    153    N.   W.    509) 
L.R.A.  Tri.  Index  1915-17.— 30. 


Davies  v.   Maryland  Casualty  Co.    (L.R.A. 
1916D,  395,  —  Wash.  — ,  154  Pac. 
1116) 
v.  Thompson     (L.R.A.1917B,     395,     — 

Okla.  — ,  160  Pac.  75) 
Davis,   Board  of  Commissioners  v. 

v.  Choctaw  County   (L.R.A.1916F,  873, 

—  Okla.  — ,  158  Pac.  294) 
Dickey  v. 
v.  Foley    (L.R.A.1917A,   187,  —  Okla. 

— ,  159  Pac.  646) 
v.  Forrestal     (L.R.A.1915F,    1012,    124 

Minn.  10,  144  N.  W.  423) 
v.  Janeway      (L.R.A.1916D,     722,     — 

Okla.   — ,   155   Pac.   241) 
Lynch   v. 
v.  Neal    (L.R.A.1916A,    999,    100    Ark. 

399,  140  S.  W.  278) 
v.  Sim    (L.R.A.1916C,    1152,    92    Kan. 

264,  140  Pac.  851) 
State  v. 

v.  State    (L.R.A.1915A,    572,    —    Tex. 

Crim.   Rep.   — ,   167    S.   W.   1108) 

v.  Tway    (L.R.A.1915E,    604,    16    Ariz. 

566,   147   Pac.   750) 

Davis-Fisher     Co.    v.     Hall     (L.R.A.1915A, 

1224,  —  Mich.  — ,  148  N.  W.  713) 

Davison  v.  Chicago  &  N.  W.  R.  Co.  (L.R.A. 

1917C,  135,  —  Neb.  — ,  160  N.  W. 

877) 

Dawson  v.  National  Life  Ins.  Co.  (L.R.A. 
1916E,  878,  —  Iowa,  — ,  157  N.  W. 
929) 

Day,  La  Framboise  v. 
Reynolds  v. 
Strong  v. 

v.  Tacoma    R.    &    Power    Co.    (L.R.A. 
1915B,  547,  80  Wash.  161,- 141  Pac. 
347) 
Dayton,  O'Gara  v. 

v.  Speers   Hospital    (L.R.A.1917B,  779, 

165  Ky.  56.  176  S.  W.  361) 
Deakin,  University  Club  v. 
Dean  v.  Southern  R.  Co.  (L.R.A.1917C,  346, 

112  Miss.  333,   73   So.  55) 
Deatley,  Hurst  Home  Ins.  Co.  v. 
Debaca  v.   Higgins    (L.R.A.1915B,  1091,  — 

Colo.  — ,  143  Pac.  832) 
Decatur  v.  Eady  (L.R.A.1917E,  242,  —  Ind. 

— ,  115  N.  E.  577) 

De  Constantin  v.  Public  Service  Com. 
(L.R.A.1916A,  329,  —  W.  Va.  — , 
83  S.  E.  88) 

De  Hardt  v.  Atchison,  T.  &  S.  F.  R.  Co. 
(L.R.A.1917D,  549,  100  Kan.  24, 
163  Pac.  650) 

Deister   v.    Atchison,   T.    &   S.    F.    R.    Co. 
(L.R.A.1917C,    784,    99    Kan.    525, 
162   Pac.   282) 
Delaney  v.  Plunkett  (L.R.A.1917D,  926,  — 

Ga.   — ,  91    S.   E.   561) 
Delaware  Ins.  Co.,  Dinneen  v. 
Delaware,  L.  &  W.  R.  Co.,  Nevich  v. 
Shanks  v. 
v.  Welshman    (L.R.A.1916E,    816,    229 

Fed.  82) 
Delay,  Eaton  v. 
Delaye,  State  ex  rel.  Black  v. 
Delk  v.   Com.    (L.R.A.191C.B,  1117,  —  Ky. 

— ,  178  S.  W.  1129) 

De  Long  v.  Oklahoma  City  (L.R.A.1915E, 
597,  —  Okla.  — ,  148  Pac.  701) 


466 


TABLE  OF  CASES. 


Del  Vecchio,  Haley  &  L.  Co.  v. 

De  Martini,  People  v. 

Deming   v.    Nichols    (L.R.A.1916F,   103,   — 

Tenn.  — ,  186   S.  W.   113) 
Dempsey,   Hoban  v. 
Denman  v.  Brenneman  (L.R.A.1915E,  1047, 

—  Okla.  — ,   149   Pac.   1105) 
Dennis,  First  Presbyterian  Church  v. 
Dennison,   National   F.   Ins.   Co.  v. 
Denny    v.    Board    of    Equalization    (L.R.A. 

1917A,    285,    134    Tenn.    468,    184 

S.  W.  14) 

Dent,   Railway  Mail  Asso.  v. 
Denver,   Lord  v. 
Denver  &  R.  G.  R.  Co.  v.  Ashton-Whyte- 

Skillicorn    Co.    (L.R.A.1917C,    768, 

—  Utah,  — ,  162  Pac.  83) 

v.  Doyle    (L.R.A.1915D,   113,   —   Colo. 

— ,  145  Pac.  688) 
Lovejoy  v. 
Myers   v. 
Denver  Cifv  Tramway  Co.  v.  Brier  (L.R.A. 

1916B,  1132,  —  Colo.  — ,  152  Pac. 

901) 
Denver   Dry   Goods   Co.   v.   Jester    (L.R.A. 

1917A,  957,  60  Colo.  290,  152  Pac. 

903) 
Deposit  Co.  v.  Industrial  Acci.  Commission 

(171    Cal.    728).      See    Fidelity    & 

Deposit    Co.    v.    Industrial    Acci. 

Commission. 
v.  Sarbach  (99  Kan.  29).    See  Fidelity 

&  D.  Co.  v.  Sarbach. 
Derfler,  Southern  Colonization  Co.  v. 
Dern  v.  Olsen  (L.R.A.1915B,  1016,  18  Idaho, 

358,  110  Pac.  164) 
Derringer  v.  Tatley   (L.R.A.1917F,  187,  34 

N.   D.   43,   157    N.   W.   811) 
Desha   Bank  &  T.  Co.  v.  Quilling    (L.R.A. 

1915E,  794,  —  Ark.  — ,  176  S.  W. 

132) 
Desmond  v.  Fawcett  (L.R.A.1917D,  408,  226 

Mass.  100,  115  X.  E.  280) 
De  Spain  v.  Coley   (L.R.A.1917C,  1111,  — 

Okla.   — ,   162   Pac.    756) 
Desser   v.    Wichita    (L.R.A.1916D,    246,    96 

Kan.  820,  153  Pac.  1194) 
De  Tamble  Motors  Co.,  Munson  v. 
Detroit,  Wood   v. 
Detroit  &  M.  R.  Co.,  Clark  v. 
Detroit,  J.  &  C.  R.  Co.,  Beweinitz  v. 
Detroit,  Mt.  C.  &  M.  C.  R.  Co.,  Finn  v. 
Detroit    Saturday    Night    Co.,    Spooner   v. 
Detroit  Shade  Tree  Co.,  Kunze  v. 
Detroit  Steel  Products  Co.,  Jendrus  v. 
Detroit  United  R.  Co.,  Manos  v. 
Deupree  v.  Thornton   (L.R.A.1917C,  65,  97 

Xeb.  812,  08  Xeh.  804,  151  N.  W. 

305.  154  X.  W.  557) 
Deveny,  Hennen  v. 
Devin    v.    Connecticut    Mut.    L.    Ins.    Co. 

(L.R.A.1916F,    783,    —    Okla.    — , 

158  Pac.  435) 
Devine  v.  Pfaelzer  (L.R.A.1917C,  1080,  277 

HI.  255,  115  X.  E.  126) 
De  Voe,  Re    (L.R.A.1917A,  250,  218  N.  Y. 

318,  113  N.  E.  256) 
De  Vore,  Chicago,  R.  I.  &  P.  R.  Co.  v. 
De  York,  Folsom-Morris   Coal  Min.   Co.  v. 
De  Weese  v.  People  use  of  Boulder  (L.R.A. 

1916E,  326,  —  Colo.  — ,  156  Pac. 

594) 


Deyo    v.    Arizona    Grading    &    Constr.   Co. 

(L.R.A.1916E,    1257,    —    Ariz.    — , 

157   Pac.  371). 
Dexter  v.  Chicago  &  N.  W.  R.  Co.  (—  Neb. 

— ).     See  Davison  v.  Chicago  &  N. 

W.  R.  Co. 
Diamond  v.  Jacquith  (L.R.A.1916D,  880,  14 

Ariz.   119,   125  Pac.   712) 
Diamond  Coal  &  Coke  Co.,  Safe  Deposit  & 

T.  Co.  v. 

Dibbens,  Waugh  v. 
Dibbert  v.  Metropolitan  Invest.  Co.  (L.R.A. 

1915D,  305,  158   Wis.  .69,  147   N. 

W.  3) 
Dibelka   v.   Reinberg.     See   People   ex   reL 

Dibelka  v.  Reinberg. 
Dibrell,  Mutual  L.  Ins.  Co.  v. 
Dice    v.    Barbour    (L.R.A.1916F,    1155,    151 

Ky.  646,  171  S.  W.  195) 
Dick   &  Bros.   Quincy  Brewery  Co.,   State 

ex  rel.  Weathers  v. 
Dickerson,  Hoskins  v. 
Dickey  v.  Davis   (L.R.A.1915F,  840,  —  W. 

Va.  — ,  P.U.R.1915E,  93,  85  S.  E. 

781) 
Dickinson  v.  Johnson  (L.R.A.1915E,  496,  — 

Ark.  — ,  176  S.  W.  116) 
Dickson  v.  Chattanooga  Railway  &  L.  Co. 

(L.R.A.1917C,  464.  237  Fed.  352) 
Diederich  v.  Schneider  Wholesale  Wine  & 

Liquor  Co.    (L.R.A.1915B,  889,  115 

C.  C.  A.  37,  195  Fed.  35) 
Diehl   v.   McKinnon    (L.R.A.1916C,   384,   — 

Iowa,  — ,  155  N.  W.  259) 
Diepenbrock  v.  Luiz  (L.R.A.1915C,  234,  1591 

Cal.  716,  115  Pac.   743) 
Diggs  v.  United  States.     See  Caminetti  v. 

United  States. 
Dinneen  v.  American  Ins.  Co.  (L.R.A. 101. ">E. 

618,  —  Xeb.  — ,   152  X.  W.   307) 
v.  Delaware   Ins.   Co.     See  Dinneen  v. 

American  Ins.  -Co. 

Dirigo  Mut.  F.  Ins.  Co.,  Bouchard  v. 
Disposal   Co.   v.   State    (89   Ohio   St.   230). 

See  Toledo  Disposal  Co.  v.   State. 
Distilling  Co.  v.  Western  M.  R.  Co.  (242  U. 

S.  311).     See  Clark  Distilling  Co. 

v.    Western    M.    R.    Co. 
District  Board,  State  ex  rel.  Conway  v. 
District  Court,  State  ex  rel.  Adriatic  Min. 

Co.  v. 

State  ex  rel.  Anseth  v. 
State  ex  rel.  Lane  v. 
State  ex  rel.   Metcalf  v. 
State  ex  rel.  People's  Coal  &  Ice  Co.  v. 
Worthington   v. 
District  of  Columbia,  Hotchkiss  v. 

v.  Washington     (L.R.A.1916C,    379,    — 

App.    D.    C.    — ) 

District   School   Bd.,  Richards   v. 
Dittmer,  Prentiss  v. 
Dixie  Portland  Cement  Co.,  Goodln  v. 
Dixon,  Parker  v. 

v.  State    Mut.    Ins.    Co.    (L.R.A.1915F, 

1210,  34  Okla.  624,  126  Pac.  794) 
Dixon    Livery    Co.    v.    Kane    (L.R.A.1916A, 

1211,  —  Va.  — ,  86  S.  E.  106) 
Dixon    Pure    Ice    Co.,    Sandusky    Portland 

Cement  Co.  v. 
Doane  v.  Grew  (L.R.A.1915C.  774,  220  Mass. 

171,  107  N.  E.  620) 
Dodge,  Jones  v. 


TABLE  OF  CASES. 


467 


Dodgson,  Van  Blaricom  v. 

Dodson    v.    McCurnin    (L.R.A.1917C,    1084, 

—  Iowa,  — ,  160  JST.  W.  927) 
Dold,  Newark  v. 
Donahue    v.    Sherman's    Sons    Co.    (L.R.A. 

1917A,   76,   —   R.    I.   — ,   98   Atl. 

109) 
Donohue,  Carey  v. 

Herlihy  v. 
Dooley  v.  Seaboard  Air  Line  R.  Co.  (L.R.A. 

1916E,  185,  163  N.  C.  454,  79  S.  E. 

970) 
Doppes  Sons  Lumber  Co.  v.  Cincinnati,  N. 

0.   &   T.   P.   R.   Co.    (L.R.A.1916D, 

452,   92   Ohio   St.   206,   110   N.   E. 

640) 
Dorothy  v.  Commonwealth  Commercial  Co. 

(L.R.A.1917E,    1110,    278    111.    629, 

116  N.  E.  143) 
Dorr  v.   Chesapeake   &   0.   R.   Co.    (L.R.A. 

1916E,  6£2,  —  W.  Va.  — ,  88  S.  E. 


v.  Lehigh  Valley  R.  Co.   (L.R.A.1915D, 

368,  211  N.  Y.  369,  105  N.  E.  652) 

Dotson  v.  Skaggs  (L.R.A.1916D,  761,  —  W. 

Va.  — ,  87  S.  E.  460) 
Dott,  Louisville  R.  Co.  v. 
Doub,   Helsabeck  v. 

Dougherty   v.    American   McKenna   Process 
Co.  (L.R.A.1915F,  955,  255  111.  369, 
99  N.  E.  619) 
Louisville  &  N.  R.  Co.  v. 
State   v. 
Douglas,  American  Nat.  Bank  v. 

Davie  v. 

Douglas    County    v.    Leavenworth    County 
(L.R.A.1916F,    508,    98    Kan.    389, 
157  Pac.  1180) 
Robinson  &  Co.  v. 
Douglass,  Eilers  Music  House  v. 

v.  Loftus    (L.R.A.1915B,   797,   85  Kan. 

720,  119  Pac.  74) 
Dow  v.  Irwin  (L.R.A.1916E,  1153,  —  N.  M. 

— ,   157    Pac.   490) 
v.  Lillie    (L.R.A.1915D.   754,  26  N.  D. 

512,  144  N.  W.  1082) 
Downs,  Angus  v. 
Doyle,  Denver  &  R.  G.  R.  Co.  v. 
Feeley   v. 
v.  Mitchell  Bros.  Co.  (L.R.A.1917E,  568, 

149  C.  C.  A.  106,  235  Fed.  686) 
Drabelle,  State  ex  rel.  Hagerman  v. 
Drainage    Dist.    No.    1,    Re    (L.R.A.1915A, 
1210,  —  Idaho,  — ,  143  Pac.  299) 
Drainage    Dist.    No.    56,   Taylor   v. 
Drake  v.  Topeka  R.  Co.  (L.R.A.1916E,  332, 

96   Kan.   727,   153  Pac.   539) 
Drake   Hotel   Co.,   Chicago   v. 
Draughn    v.    State    (L.R.A.1916F,    793,    — 
Okla.  Crim.  Rep.  — ,  158  Pac.  890) 
Dreyfus,  Re   (L.R.A.1917F,  391,  —  Cal.  — , 

1(55   Pac.  941) 

St.  Louis  &  S.  F.  R.  Co.  v. 
Drill  Co.  v.   Burke    (132  Tenn.  481).     See 

Xixon  Min.  Drill  Co.  v.  Burke. 
Driscoll  v.  Gatcomb    (L.R.A.1915B,  702,  — 

Me.  — ,  92  Atl.  39) 
Smith   v. 

Droppleman  v.  Illinois  Surety  Co.  (L.R.A. 
1917D,  1032,  —  Wash.  — ,  164  Pac. 
70) 


Drummond  v.  Griffin   (L.R.A.1916B,  748,  — 

Me.    — ,    95   Atl.    506) 
Dry   Goods   Co.   v.   Georgia  Public   Service 

Corp.    (142   Ga.    841).      See   Union 

Dry   Goods   Co.   v.   Georgia   Public 

Service  Corp. 
v.  Jester    (60  Colo.  290).     See  Denver 

Dry  Goods  Co.  v.  Jester. 
v.  Owen  (37  Okla.  616).     See  Swofford 

Bros.  Dry  Goods  Co.  v.  Owen. 
Du  Bois,  Schell  v. 
Du  Bois  Electric  Co.  v.  Fidelity  Title  &  T. 

Co.    (L.R.A.1917C,    907,    238    Fed. 

129) 

Dubuque  F.  &  M.  Ins.  Co.,  Rasmusson  v. 
Dudgeon  v.  Hall  (—  W.  Va.  — ).    See  Boot- 
en  v.  Pinson. 
Duffy  v.    Hobbs,   W.   &   Co.    (L.R.A.1916F, 

806,  166  Cal.  210,  135  Pac.  1093) 
People   v. 

Dugan,  Williams  v. 
Dulin   v.   Bailey    (L.R.A.1917B,  556,  —  N. 

C.  — ,  90  S.  E.  689) 
v.  Ohio  River  R.  Co.  (L.R.A.1916B,  653, 

73  W.  Va.  166,  80  S.  E.  145) 
Duluth  v.  Board  of  Education  (L.R.A.1916F, 

861,  —  Minn.  — ,  158  N.  W.  635) 
Duluth  Street  R.  Co.  v.  Fidelity  &  D.  Co. 

L.R.A.1917D,  684,  —  Minn.  — ,  161 

N.  W.  595) 
Duncan  v.  Keep  (114  Me.  443).    See  Howard 

v.  Harrington, 
v.  Parker  (L.R.A.1915A,  804,  —  Wash. 

— ,  142  Pac.  657) 

Duncan-Schell  Furniture  Co.,  Boggs  v. 
Dunham  v.   Ardery    (L.R.A.1915B,   232,  — 

Okla.  — ,  143  Pac.  331) 
Dunlap,  Graves  v. 
Dunn  v.  Bank  of  Union  (L.R.A.1915B,  168, 

—  W.  Va.  — ,  82  S.  E.  758) 
Du  Pont  De  Nemours  Powder  Co.,  Byland 

v. 

Clark  v. 
Lucid  v. 

Du  Pont  Powder  Co.,  Simpson  v. 
Duquesne  Light  Co.,  Rhad  v. 
Duran,  Apodaca  De  Gurule  v. 
Durand   &    Co.   v.   Howard   &   Co.    (L.R.A. 

1915B,   998,   —   C.   C.   A.   — ,    216 

Fed.  585) 

Durham  Traction  Co.,  Ferrell  v. 
Durkee  v.  Batcheller  (L.R.A.1916E,  545,  — 

R.  I.  — ,  97  Atl.  378) 
Durkee-Atwood  Co.,  King  v. 
Durrett,  Hardage  v. 

Dustin  v.  Interstate  Business  Men's  Acci- 
dent  Asso.    (L.R.A.1917B,   319,  — 

S.  D.  — ,  159  N.  W.  395) 
Duvall  v.  National  L.  Ins.  Co.  (L.R.A.1917E, 

333,  28  Idaho.  356,  154  Pac.  632) 
v.  Ridout     (L.R.A.1915C,    345,    —    Md. 

— ,  92  Atl.  209) 
State  v. 
Dwight  Mfg.  Co.,  Brown  v. 
Dwy  v.  Connecticut  Co.   (L.R.A.1915E,  800, 

89  Conn.  74,  92  Atl.  883) 
Dye  v.  Shutan  ( —  Cal.  — ).    See  Carpenter, 
Re. 

E. 
Eades,  Security  L.  Ins.  Co.  v. 


468 


TABLE  OF  CASES. 


Eady,  Decatur  v. 

Early  Co.   v.   Williams    (L.R.A.1916F,   418, 

—  Tenn.  — ,  186  S.  W.  102) 
Earnhardt,  Walter  v. 
Easier  v.  Columbia  Railway,  Gas,  &  Electric 

Co.    (L.R.A.1915D,    883,    —    S.    C. 

— ,  84  S.  E.  417) 
Easter,  Georgia  .L.  Ins.  Co.  v. 
Eastern    Illinois    State    Normal    School   v. 

Charleston  (L.R.A.1916D),  991,  271 

111.  602,  111  X.  E.  573) 
Eastern  Importing  &  Mfg.  Co.,  Sheehy  Co. 

v. 
Eastern    States    Retail    Lumber    Dealers' 

Asso.    v.    United    States     (L.R.A. 

1915A,  788,  234  U.  S.   600,  58   L. 

ed.  1490,  34  Sup.  Ct.  Rep.  951) 
Eastham,  Cincinnati,  N.  0.  &  T.  P.  R.  Co.  v. 
Eastin,  State  ex  rel.  St.  Joseph  Water  Co.  v. 
East  Jersey  Water  Co.,  Auger  &  S.  Silk 

Dyeing  Co.  v. 
Easton    v.    United    Trade    School    C.    Co. 

(L.R.A.1917A,  394,  —  Cal.  — ,  159 

Pac.  597) 
Eaton  v.   Delay    (L.R.A.1916D,   528,  32   X. 

D.  328,  155  X.  W.  644) 
Echols,  American  Fidelity  Co.  v. 
Eddington,  Lusk  v. 
Edelen  v.  Herman   (L.R.A.1915C,  1208,  162 

Ky.  500,  172  S.  W.  936) 
Edgin    v.    Bell-Wayland    Co.    (L.R.A.1915F, 

916,  —  Okla.  — ,  149  Pac.  1145) 
Edison  Electric  Illuminating  Co.  v.  People's 

Nat.  Bank  (L.R.A.1917F,  1123,  221 

X.  Y.  1,  116  X.  E.  369) 
Edwardes,  Hammitt  v. 
Edwards     v.     Interstate     Chemical     Corp. 

(L.R.A.1916D,  121,  170  X.  C.  551, 

87  S.  E.  635) 
Security  Trust  Co.  v. 
v.  Yearby  (L.R.A.1915E,  462,  168  X.  C. 

663,  85  S.  E.  19) 
Edwards  &   Deutsch   Lithographing  Co.  v. 

Vidalia  Grocery  Co.   (L.R.A.1916D, 

624.  144  Ga.  514,  87  S.  E.  675) 
Egerton  v.   Flesher    (L.R.A.1916D,   828,  — 

W.  Va.  — ,  86  S.  E.  34) 
Egner  v.  Curtis,  Towle,  &  Paine  Co.  (L.R.A. 

191 5 A,  153,  —  Xeb.  — ,  146  X.  W. 

1032) 

Ehlert,  Nunn  v. 
Eichoff   v.   Caldwell    (L.R.A.1917E,   359^  — 

Okla.  — ,  151  Pac.  860) 
Nelson  v. 
Eilers    Music    House    v.    Douglass    (L.R.A. 

1916E,  613,  90  Wash.  683,  156  Pac. 

937) 
Eisentrager     v.    Great     Northern     R.     Co. 

(L.R.A.1917B,    1245,   —   Iowa,   — , 

160  X.  W.  311) 
Eisentraut    v.    Madden    (L.R.A.1915C,    893, 

—  Xeb.  — ,  150  X.  W.  627) 
Ekern,  Rock  v. 
Ekerold,  People  on  Complaint  of  Pugliese 

v. 
Elder  v.  Baltimore  &  0.  R.  Co.   (126  Md. 

497).     See   State  use   of  Elder  v. 

Baltimore  &  0.  R.  Co. 
Electric  Co.  v.  Fidelity  Title  &  T.  Co.  (238 

Fed.   129).     See   Du   Bois   Electric 
Co.  v.  Fidelity  Title  &  T.  Co. 


Electric  Illuminating  Co.  v.  People's  Nat. 
Bank  (221  X.  Y.  1).  See  Edison 
Electric  Illuminating  Co.  v.  Peo- 
ple's Xat.  Bank. 

Elevator  Co.  v.  Harrison  (97  Kan.  289). 
See  Ogallah  Elevator  Co.  v.  Har- 
rison. 

v.  Illinois  C.  R.  Co.  (278  111.  333).    See 
Shellabarger    Elevator   Co.    v.    Ill- 
inois C.  R.  Co. 
Elgin  v.   Gross-Kelly  &   Co.    (L.R.A.1916A, 

711,  —  X.  M.  — ,  150  Pac.  !»22) 
Elie  v.  Lewiston,  A.  &  W.  Street  R.  Co. 
(L.R.A.1916C,    104,    112    Me.    178, 
91  Atl.  786) 

Eliot  &  Co.  v.  Lake  Torpedo  Boat  Co.  (— 
Conn.  — ).     See  State  ex  rel.  Eliot 
&  Co.  v.  Lake  Torpedo  Boat  Co. 
Elk    Hotel    Co.    v.    United    Fuel    Gas    Co. 
(L.R.A.1917E,  970,  75  W.  Va.  200, 
83  S.  E.  922) 
Elkins,  Alexander  v. 
Ellard  v.  Ferris  (L.R.A.1916C,  613,  91  Ohio 

St.  339,  110  X.  E.  476) 
Eller,  Lowrance  v. 

Ellinghouse  v.  Ajax  Live  Stock  Co.  (L.R.A. 
1916D,  836,  51  Mont.  275,  152  Pac. 
481) 

Elliott  v.  JEtna  L.  Ins.  Co.    (L.R.A.1917C, 
1061,  —  Xeb.  — ,  161  X.  W.  570) 
v.  Frankfort   M.  A.  &  P.   G.  Ins.   Co. 
(L.R.A.1916F,    1026,    —    Cal.    — , 
156  Pac.  481) 
Ellis,  Boise  Asso.  of  Credit  Men  v. 

v.  Fidelity  &  Casualty  Co.  (L.R.A. 
1915A,  109,  —  Iowa,  — ,  144  X.  W. 
574) 

Missouri,  K.  &  T.  R.  Co.  v. 
Record  v. 
v.  Stone  (L.R.A.1916F,  1228,  —  X.  M. 

— ,  158  Pac.  480) 
Ellison   v.   Adams   Exp.   Co.    (L.R.A.1915A, 

502,  245  111.  410,  92  X.  E.  277) 
Elm  City  Lumber  Co.,  Brown  v. 
El    Paso    Brick    Co.    v.    McKnight    (L.R.A. 
1915A,  1113,  233  U.  S.  250,  58  L. 
ed.  943,  34  Sup.  Ct.  Rep.  498) 
Elsey   v.    Hudson   Co.    (L.R.A.1916B,    1284, 

—  Mich.  — ,  155  X.  W.  377) 
Ely  v.  Bugbee   (L.R.A.1916F,  910,  —  Conn. 

— ,  98  Atl.  121) 

v.  King-Richardson    Co.    (L.R.A.1915B, 

1052,  265  111.  148,  106  X.  E.  619) 

Elyria  Savings  &  Bkg.  Co.  v.  Walker  Bin 

Co.   (L.R.A.1916D,  433,  92  Ohio  St. 

406,  111  X.  E.  147) 

Ely    Water    Co.    v.    White    Pine    County 
(L.R.A.1916D,  431,  —  Xev.  — ,  151 
Pac.  335) 
Emart,   Re    (L.R.A.1917F,  866,   —  Cal.  — , 

165  Pac.  707) 
Embrey  v.  Adams    (L.R.A.1915D,  1118,  — 

Ala.  — ,  68   So.  20) 

Emerson  v.  Central  of  Georgia  R.  Co. 
(L.R.A.1916F,  120,  —  Ala.  — ,  72 
So.  120) 

State  ex  rel.  Kern  v. 
Emmetsburg,  First  Nat.  Bank  v. 
Empire  Dist.  Electric  Co.,  Logan  v. 
Empire  State  Dairy  Co.  v.  Sohmer  (218  X. 
Y.  199).    See  People  ex  rel.  Empire 
State  Dairy  Co.  v.  Sohmer. 


TABLE  OF  CASES. 


469 


Empire  Theatre  Co.  v.  Cloke  (L.R.A.1917E, 
3«3,  53  Mont.   183,  163  Pac.   107) 

English,  State  v. 

v.  Thomas  (L.R.A.1916F,  1110,  —  Okla. 
— ,  149  Pac.  906) 

Enid,  Billings  Hotel  Co.  v. 

Ennis,  Carson  v. 

Enterprise  Lumber  Co.,  Luden  v. 

Enzenbacher,  Schlau  v. 

Epp  v.  Hinton  (L.R.A.1915A,  675,  91  Kan. 
513,  138  Pac.  576) 

Eppstein,  Phoenix  Assur.  Co.  v. 

Equitable  L.  Assur.  Soc.  v.  Union  Papific 
R.    Co.     (L.R.A.1915D,    1052,    212 
N.  Y.  360,  106  N.  E.  92) 
v.  Weightman    (L.R.A.1917B,   1210,  — 
Okla.  — ,  160  Pac.  629) 

Equity  Co-operative  Exch.,  Greer  v. 

Erickson,  Berg  v. 

Erickson  Constr.  Co.,  Ross  v. 

Ericsson,  People  ex  rel.  Busching  v. 

Erie  R.  Co.  v.  Steinberg  (L.R.A.1917B,  787, 

—  Ohio  St.  — ,  113  N.  E.  814) 
Zabriskie  v. 

Erwin  v.  Traud    (L.R.A.1917D,  690,  —  N. 

J.  — ,  100  Atl.  184) 
Escamilla    v.    Pingree     (L.R.A.1915B,    475, 

—  Utah,  — ,  141  Pac.  103) 
Etchison    v.    Frederick    (L.R.A.1916C,    561, 

123  Md.  283,  91  Atl.  161) 
Evans    v.    Burson    (L.R.A.1917E,    1146,   — 

Okla.  — ,  164  Pac.  471) 
Parsons  v. 
Evatt  v.  Mier   (L.R.A.1916C,  759,  114  Ark. 

84,  169  S.  W.  817) 
Evening    Post    Co.,    Axton-Fisher    Tobacco 

Co.  v. 
Everest    v.    McKenny    (L.R.A.1917D,    779, 

—  Mich.  — ,  162  N.  W.  277) 
Everett,  Hollins  v. 

Everly  v.  Adams  (L.R.A.1915E,  448,  95  Kan. 

305,  147  Pac.  1134) 

Evers,   Hagerstown   &  C.  Turnpike  Co.  v. 
Eversole  v.  Eversole  (L.R.A.1916E,  593,  169 

Ky.  793,  185  S.  W.  487) 
Ewing,  Bechtol  v. 
Excelsior   Powder  Mfg.   Co.,   State  ex  rel. 

Hopkins   v. 
Express  Co.  v.  Byers  (240  U.  S.  612).    See 

Southern  Express  Co.  v.  Byers. 
v.  Kentucky    (238    U.    S.    190).      See 

Adams  Exp.  Co.  v.  Kentucky. 
v.  Whittle  (—  Ala.  — .)     See  Southern 

Exp.  Co.  v.  Whittle. 
v.  Williamson     (66     Fla.     286).       See 

Southern   Exp.   Co.  v.  Williamson. 
Eyermann  v.  St.  Louis    (L.R.A.1915F,  854, 

—  Mo.  — ,  178  S.  W.  98) 

Eyre  v.  Faribault    (L.R.A.1917A,  685,   121 
Minn.  233,  141  N.  W.  170) 

F. 

Fabian    v.    Wasatch    Orchard    Co.    (L.R.A. 

1916D,  892,  41  Utah,  404,  125  Pac. 

860) 
Fagan  v.  Atlantic  Coast  Line  R.  Co.  (L.R.A. 

1917E,  663,  220  N.  Y.  301,  115  N. 

E.  704) 
Fairbanks    Steam    Shovel    Co.    v.    Holt    & 

Jeffery      (L.R.A.1915B,      477,      79 

Wash.  361,  140  Pac.  394). 


Falk  v.  Burke   (L.R.A.1915B,  279,  93  Kan. 

93,  143  Pac.  498) 
Falls,  Schwren  v. 

Fancy  Farm  Teleph.  Co.,  Rogers  v. 
Farabee-Treadwell  Co.  v.  Union  &  P.  Bank 

&   T.   Co.     (L.R.A.1916F,    501,    — 

Tenn.  — ,  186  S.  W.  92) 
Fargo  v.  Johnson.    See  Wells,  Fargo  &  Co. 

v.  Johnson. 
v.  Wade   (L.R.A.1915A,  271,  —  Or.  — , 

142  Pac.  830) 
Faribault,  Eyre  v. 
Farkas  v.   Albany    (L.R.A.1915A,  320,   141 

Ga.  833,  82  S.  E.  144) 
Farley,  Re    (L.R.A.1916D,   816,   213   N.   Y. 

15,  106  N.  E.  756) 
v.  Frost-Johnson   Lumber   Co.    (L.R.A. 

1915A,   200,   133    La.    497,   63    So. 

122) 

v.  Hopkins.    See  Connolly,  Re. 
Farmers'  &  Mechanics'  Nat.  Bank  v.  Ridge 
-     Ave.  Bank   (L.R.A.1917A,  135,  240 

U.  S.  498,  60  L.  ed.  767,  36  Sup.  Ct. 

Rep.  461) 

Fanners'  &  Mechanics'  Sav.  Bank,  Fridley  v. 
Fanners'  &  Traders'  Bank,  Farmers'  Nat. 

Bank  v. 
Holden  v. 

Farmers'  Exchange,  Ford  v. 
Fanners'  Irrig.  Dist.,  State  ex  rel.  O'Shea  v. 
Farmers'  Loan  &  T.  Co.  v.  Planck  (L.R.A. 

1915E,  564,  —  Neb.  — ,  152  N.  W. 

390) 
Farmers'  Mut.  Equity  Ins.   Soc.  v.  Smith 

(L.R.A.1915B,    844,    158    Ky.    459, 

165  S.  W.  675) 

Farmers'  Mut.  F.  Ins.  Co.,  Benham  v. 
Farmers'  Nat.  Bank  v.  Farmers'  &  Traders' 

Bank    (L.R.A.1915A,    77,    159    Ky. 

141,  166  S.  W.  986) 
v.  Nelson    (L.R.A.1917E,   506,   255   Pa. 

455,  100  Atl.  136) 
Farmers'  Produce  Co.  v.  Schreiner   (L.R.A. 

1916A,  1297,  —  Okla.  — ,  150  Pac. 

483) 
Farmers'  Savings  Bank  v.  Jameson  (L.R.A. 

1916E,  362,  —  Iowa,  — ,  157  N.  W. 

460) 
Farmers'  Security  Bank  v.  Martin   (L.R.A. 

1915D,  432,  —  N.  D.  — ,  150  N.  W. 

572) 
Farmers'    State    Bank    v.    State     (L.R.A. 

1917E,  551,  —  Okla.  Crim.  Rep.  — , 

164  Pac.  132) 
Farms  Co.  v.  Young  ( —  Fla.  — ).    See  Ock- 

lawaha  River  Farms  Co.  v.  Young. 
Farrell,   Ex  parte    (L.R.A.1916F,   1257,   — 

Ala.  — ,  71  So.  462) 
v.  Hicken  (L.R.A.1915B,  401,  125  Minn. 

407,  147  N.  W.  815) 
v.  Murchison.    See  Farrell  v.  Hicken. 
Farriss,  Reader  v. 
Fashion  Co.  v.  Cummings   (187  Mich.  196). 

See  Standard  Fashion  Co.  v.  Cum- 
mings. 

Fawcett,  Desmond  v. 

Faxon  v.  All  Persons  Claiming  Any  Inter- 
ests in  Certain  Real  Estate  (L.R.A. 

1916B,  1209,  166  Cal.  707,  137  Pac. 

919) 
Fay  Mercantile  Co.,  Oklahoma  F.  Ins.  Co.  v. 


470 


TABLE  OF  CASES. 


Fearnow   v.  Jones    (L.R.A.1916C,    720,    34 

Okla.  694,  126  Pac.  1015) 
Federal  Chemical  Co.  v.  Jennings    (L.K.A. 

1917D,  529,  112  Miss.  513,  73  So. 

567) 
Federal  Ins.  Co.  v.  Hiter  (L.R.A.1915E,  575, 

164  Ky.  743,  176  S.  W.  210) 
Federal  Min.  &  Smelting  Co.  v.  Public  Util- 
ities     Commission      (L.R.A.1917F, 

1195,  26  Idaho,  391,  143  Pac.  1173) 
Federal  Rubber  Mfg.  Co.  v.  Havolic  (L.R.A. 

1916D,  968,  162  Wis.  341,  156  N. 

W.  143) 
Feehley  v.  Feehley  (L.R.A.1917C,  1017,  129 

Md.  565,99  Atl.  663) 
Feeley    v.    Doyle    (L.R.A.1916F,    1121,   222 

Mass.  155,  109  N.  E.  902) 
Feeney,  Larson  v. 

v.  Mehlinger     (L.R.A.1917E,     271,     — 

Minn.  — ,  161  N.  W.  220) 
Fees    v.    Mechanics'    State    Bank    (L.R.A. 

1915A,  606,  84  Kan.  828,  115  Pac. 

563) 

Feimster,  Fore  v. 
Felton,  Schlechter  v. 
Fennell   v.   Atchison,   T.    &   S.   F.   R.   Co. 

(L.R.A.1916E,  1107,  98  Kan.   210, 

158  Pac.  14) 
Ferch,  Pabst  v. 
Ferebee  v.  Sawyer  (L.R.A.1915B,  640,  —  N. 

C.  — ,  83  S.  E.  17) 
Ferle  v.  Lansing    (L.R.A.1917C,    1096,    189 

Mich.  501,  155  N.  W.  591) 
Terrell    v.    Durham    Traction    Co.    (L.R.A. 

1917B,  1291,  —  N.  C.  — ,  90  S.  E. 

893) 

Ferris,  Ellard  v. 
Ferry  &  Co.  v.  Hall  (L.R.A.1917B,  620,  188 

Ala.  178,  66  So.  104) 
Fidelity  &  Casualty  Co.,  Ellis  v. 
Johnson  v. 
v.  Martin    (L.R.A.1917F,  924,   163  Ky. 

12, 173  S.  W.  307) 
Stokely  v. 
Stone  v. 
Townsend  v. 
Fidelity  &  Columbia    Trust   Co.   v.    Barret 

(L.R.A.1916D,  493,  —  Ky.  — ,  179 

S.  W.  396) 
Fidelity  &  D.  Co.,  Algonite  Stone  Mfg.  Co. 

v.  , 

Duluth  Street  R.  Co.  v. 
v.  Industrial  Acci.  Commission  (L.R.A. 

1916D,  903,  171  Cal.  728,  154"  Pac. 

834) 
v.  Sarbach  (L.R.A.1917B,  1043,  99  Kan. 

29,  160  Pac.  990) 
Sturtevant  Co.  v. 
Fidelity  &   G.   Co.  v.  Cochrane    (—  Wash. 

— ).    See  United  States  Fidelity  & 

G.  Co.  v.  Cochrane. 
v.  National   Bank    (—   Or.    — ).      See 

United  States  Fidelity  &  G.  Co.  v. 

United  States  Nat.  Bank. 
v.  Poetker  (180  Ind.  255).     See  United 

States  Fidelity  &  G.  Co.  v.  Poetker. 
v.  United  States  &  M.  T.  Co.  (—  C.  C. 

A.—).    See  United  States  Fidelity 

&  G.  Co.  v.  United  States  &  M.  T. 

Co. 
Fidelity  Bkg.  &  T.  Co.,  Williams  v. 


Fidelity  Co.  v.  Echols   (—  Okla.  — ).     See 

American  Fidelity  Co.  v.  Echols. 
Fidelity  Safe  Deposit  Co.,  Foster  v. 
Fidelity  Title  &  T.  Co.,  Du  Bois  Electric  Co. 

v. 

Fidelity  Trust  Co.,  Bland  v. 
Bracken  v. 
v.  Martin  (L.R.A.1915B,  1156,  158  Ky. 

522,  165  S.  W.  665) 
Field  &  Co.,  People  ex  rel.  Mather  v. 
Fields  v.  Holland  (L.R.A.1915C,  865,  158  Ky. 

544,  165  S.  W.  699) 
Filley  v.  Illinois  L.  Ins.  Co.   (L.R.A.1915D, 

130,  91  Kan.  220,  137  Pac.  793) 
Finch  Bros.  v.  Michael  (L.R.A.1915B,  1204, 

—  N.  C.  — ,  83  S.  E.  458) 
Findlay  Cemetery  Asso.,  Sutton  v. 
Finishing  Co.  v.  Greene  (—  R.  I.  — ).    See 
Slatersville  Finishing  Co.  v.  Greene. 
Finley  v.   Atlantic   Transport   Co.    (L.R.A. 
1917E,  852,  220  N.  Y.  249,  115  N. 
E.  715) 

Hart-Parr  Co.  v. 
v.  Smith    (L.R.A.1915F,    777,    165    Ky. 

445,  177  S.  W.  262) 

Finn  v.   Detroit,   Mt.   C.  &   M.   C.  R.   Co. 
(L.R.A.1916C,    1142,   —    Mich.   — , 
155  X.  W.  721) 
Finseth,  McDonald  v. 
Fire  Asso.  v.  Wells  (L.R.A.1916A,  1280,  84 

N.  J.  Eq.  484,  94  Atl.  619) 
Fire,  Brick  &  Clay  Co.  v.  Machinery  Co.  (89 
Ohio  St.  365).    See  Petersburg  Fire 
Brick  &  Clay  Co.  v.  American  Clay 
Mach.  Co. 

Firemen's  Fund  Ins.  Co.,  Lummus  v. 
Firemen's  Ins.  Co.  v.  Larey    (L.R.A.1917A, 

29,  125  Ark.  93,  188  S.  W.  7) 
Fireproof  Film  Co.,  Sturtevant  Co.  v. 
First  Nat.  Bank,  Re  (L.R.A.1915C,  386,  25 

N.  D.  635,  146  N.  W.  1064) 
Bjorgo  v. 

Carnegie  Trust  Co.  v. 
v.  Cazort  &  McGehee  Co.  (L.R.A.1917C, 

7,  123  Ark.  605,  186  S.  W.  86) 
Chapman  v. 
Citizens'  State  Bank  v. 
v.  Clark    (L.R.A.1916C,  633,  —  N.   M. 

— ,  153  Pac.  69) 
v.  Emmetsburg  (L.R.A.1915A.  982,  157 

Iowa,  555,  138  X.  W.  451) 
Halsell  v. 
Heinrich  v. 
v.  Johnson  (L.R.A.1916B,  941,  —  X.  C. 

— ,  86  S.  E.  360) 
Justin  v. 
Keith  v. 
v.  Logue    (L.R.A.1915B,    340,    89    Ohio 

St.  288,  106  X.  E.  21) 
v.  Muskogee    Pipe    Line    Co.     (L.R.A. 
1916B,  1021,  40  Okla.  603,  139  Pac. 
1136) 

National  Bank  of  Commerce  v. 
v.  Stover    (L.R.A.1916D,    1280,    —    N. 

M.  — ,  155  Pac.  905) 

First  Presbyterian  Church  v.  Dennis  (L.R.A. 
1917C,  1005,  —  Iowa,  — ,  161  N. 
W.  183) 

First  Trust  Co.,  Connick  v. 
Fischer    v.    Carey    (L.R.A.1917A,    1100,    — 

Cal.  — ,  159  Pac.  577) 
Fiscus,  Sewer  Improv.  Dist.  No.  1  v. 


TABLE  OF  CASES. 


471 


Fish  v.  United  States  (L.R.A.1915A,  809,  — 

C.  C.  A.  — ,  215  Fed.  544) 
Fishback  v.   Globe   Gasket   &   Undertaking 
Co.    See  People  ex  rel.  Fishback  v. 
Globe  Casket  &  Undertaking  Co. 
Robison  v. 
Fisher   v.   Davidson    (L.R.A.1917F,   692,  — 

Mo.  — ,  195  S.  W.  1024) 
v.  O'Brien   (L.R.A.1917F,  610,  99  Kan. 

621,  162  Pac.  317) 
v.  Sun  Ins.  Office  (L.R.A.1915C,  619,  — 

W.  Va.  — ,  83  S.  E.  729) 
Sweitzer  v. 
Fite,  Grizzard  v. 

Fitts,  St.  Louis  &  S.  F.  R.  Co.  v. 

Fitzgerald,  Alessi  v. 

Fitzpatrick  v.  Owens  (L.R.A.1917B,  774,  124 

Ark.  167,  186  S.  W.  832,  187  S.  W. 

460) 

Flack  v.  Warner  (L.R.A.1917F,  464,  278  111. 

368,  116  N.  E.  202) 
Flanagan    v.    Nicholson    Pub.    Co.    (L.R.A. 
1917E,   510,    137   La.    588,   68    So. 
964) 

Flash  v.  Louisiana  Western  R.  Co.  (L.R.A. 
1916E,  112,  137  La.  352,  68  So. 
636) 

Fleming,  Viita  v. 
Flesher,  Egerton  v. 

Flood  v.  Pabst  Brewing  Co.   (L.R.A,1916F, 

1101,  158  Wis.  626,  149  N.  W.  489) 

Flores  v.  State  (L.R.A.1917B,  1143,  —  Fla. 

— ,  73  So.  234) 
Florida  Coast  Line   Canal  &   Transp.   Co., 

State  ex  rel.  West  v. 

Flour  Mills  Co.  v.  Brandt    (98  Kan.  587). 
See    Kansas    Flour    Mills    Co.    v. 
Brandt. 
Flowers  v.  State  (L.R.A.1915E,  848,  —  Fla. 

— ,  68  So.  754) 
Floyd  v.  Atlantic  C.  L.  R.  Co.  (L.R.A.1915B, 

519,  —  N.  C.  — ,  83  S.  E.  12) 
Ireland  v. 
Flynn,  McCoy  v. 
Focks  v.  Munger  (L.R.A.1915E,  1019,  —  N. 

M.  — ,  149  Pac.  300) 

Fogarty    v.    Northern    P.    R.    Co.    (L.R.A. 
1916C,  800,  74  Wash.  397,  133  Pac. 
609) 
v.  Northern    P.    R.    Co.    (L.R.A.1916C, 

803,  85  Wash.  90,  147  Pac.  652) 
Foley,  Davis  v. 
Noonan  v. 

Folsom-Morris  Coal  Min.  Co.  v.  De  Vork 
(L.R.A.1917A,  1290,  —  Okla.  — , 
160  Pac.  64) 

Ford   v.   Farmers'   Exchange    (L.R.A.1917B, 
1106,  —  Tenn.  — ,  189  S.  W.  368) 
Jinkiaway  v. 
Ford  City,  Smeltzer  v. 
Fore  v.  Feimster  (L.R.A.1916F,  481,  171  N. 

C.  551,  88  S.  E.  977) 
Forest  Home  Cemetery  Co.,  People  ex  rel. 

Gaskill  v. 

Forest  Park,  Condon  v. 
Forman    v.    Sewerage    and    Water    Board 
(L.R.A.1915D,  927,  135  La.  1031,  66 
So.  351) 

Forrestal,  Davis  v. 
Forrester,  Loganville  Bkg.  Co.  v. 
Forsythe   v.    Kinne    (L.R.A.1915A,    706,  —  ! 
Mich.  — ,  147  N.  W.  549) 


Forte,  People  v. 

Ft.  Smith  &  W.  R.  Co.  v.  Holcombe  (L.R.A. 
1916F,  1237,  —  Okla.  — ,  158  Pac. 
633) 
v.  Seran  (L.R.A.1915C,  813,  —  Okla.  — , 

143  Pac.  1141) 

Ft.  Smith  Light  &  Traction  Co.,  Bain  v. 
Foster,  Brody  v. 

v.  Cumberland  County  Power  &  L.  Co. 
(L.R.A.1917E,  1044,  —  Me.  — ,  100 
Atl.  833) 

v.  Fidelity    Safe    Deposit    Co.    (L.R.A. 
j  1916A,  655,  264  Mo.  89,  174  S.  W. 

\  376) 

)         State  ex  rel.  Syverson  v. 
Foundry   &  Manufacturing   Co.   v.   Merten 
( —    Iowa,    — ).      See    Sioux    City 
Foundry  &  Mfg.  Co.  v.  Merten. 
Fountain,  Bowser  &  Co.  v. 
Fourth  Nat.  Bank  v.  National  Banner  Pub. 
Co.      See    Fourth    Nat.    Bank    v. 
Stahlman. 
Pennington  v. 
v.  Stahlman     (L.R.A.1916A,     568,    132 

Tenn.  367,  178  S.  W.  942) 
Fouts  v.  Nance  (L.R.A.1916E,  283,  —  Okla. 

— ,  155  Pac.  610) 
Tucker  v. 
Fowler  v.  Fowler  (L.R.A.1917C,  89,  —  Okla. 

— ,  161  Pac.  227) 

Fowler  Waste  Mfg.  Co.,  Vineland  v. 
Fox,  Colvill  v. 
Meek  v. 
Moroder  v. 

Foy-Proctor  Co.  v.  Marshall   (L.R.A.1916F, 
1036,  169  Ky.  377,  183  S.  W.  940) 
France,  Lewis   v. 
Francis  v.  Bohart  (KR.A.1916A,  922,  —  Or. 

— ,  147  Pac.  755) 

v.  McNeal    (L.R.A.1915E,   706,   228    U. 
S.  695,  57  L.  ed.  1029,  33  Sup.  Ct. 
Rep.  701) 
Frank  v.  Board  of  Education  (L.R.A.1917D, 

206,  —  N.  J.  L.  — ,  100  Atl.  211) 
v.  Carter  (L.R.A.1917B,  1288,  219  N.  Y. 

35,  113  N.  E.  549) 
v.  State     (L.R.A.1915D,    817,    142    Ga. 

741,  83  S.  E.  645) 
Frankel  v.   Norris    (L.R.A.1917E,  272,   252 

Pa.' 14,  97  Atl.  104) 

Frankfort  M.  A.  &  P.  G.  Ins.  Co.,  Elliott  v. 
Franklin  v.  Brown  (L.R.A.1915C,  557,  —  W. 

Va.  — ,  81  S.  E.  405) 
Franks  v.   Smith    (L.R.A.1915A,   1141,   142 

Ky.  232,  134  S.  W.  484) 
Frasch  v.  New  Ulm  (L.R.A.1915E,  749,  130 

Minn.  41,  153  N.  W.  121) 
Fraser  v.  Chicago,  R.  I.  &  P.  R.  Co.  (L.R.A. 
1917F,  749,  101  Kan.  122,  165  Pac. 
831) 
v.  Fraser    (L.R.A.1917F,  738,  —  N.  J. 

— ,  101  Atl.  58) 
Fraternal  Bankers'  Reserve  Soc.,  Teeple  v. 
Frear,  State  ex  rel.  Bolens  v. 

Winding  v. 
Frederick,  Etchison  v. 

Fredericks    v.    Chicago    &    N.    W.    R.    Co. 
(L.R.A.1916F,  869,  96  Neb.  27,  146 
N.  W.  1011) 
Freebury,  Robertson  v. 
Freedman  v.  Bloomberg   (L.R.A.1917C,  628, 
225  Mass.  491,  114  N.  E.  827) 


472 


TABLE  OF  CASES. 


Freeland  Oil  Co.,  Prichard  v. 

Freeman  v.  Belfer  (L.R.A.1917E,  886,  —  N. 

C.  — ,  92  S.  E.  486) 
Bryant  v. 
v.  Poole  (L.R.A.1917A,  63,  37  R.  I.  489, 

93  Atl.  786) 

v.  State  Bd.  of  Medical  Examiners 
(L.R.A.1916D,  436,  —  Okla.  — ,  154 
Pac.  56) 

Frega   v.    Philadelphia   Rapid   Transit    Co. 
(L.R.A.1915A,  395,  245  Pa.  31,  91 
Atl.  222) 
Freick,  Hinkly  v. 
French,  Anderson  v. 
Chandler  v. 
v.  McMillion  (L.R.A.1917D,  228,  —  W. 

Va.  — ,  91  S.  E.  538) 
v.  State  Farmers'  Hail  Ins.  Co.  (L.R.A. 
1915D,  766,  29  N.  D.  426,  151  N. 
W.  7) 
Watson  v. 
Frew  v.  Secular  (L.R.A.1917F,  1065,  —  Neb. 

— ,  162  N.  W.  496) 
Frey  v.  McGaw  (L.R.A.1916D,  113,  —  Md. 

— ,  95  Atl.  960) 
v.  Stangl  (L.R.A.1916D,  462,  148  Iowa, 

522,  125  N.  W.  868) 
Fridley  v.  Farmers'  &  Mechanics'  Sav.  Bank. 

See  Price.  Re. 
Friedberg    v.    McClary    (L.R.A.1917C,    777, 

173  Ky.  579.  191  S.  W.  300) 
Friend,  Chesapeake  &  0.  R.  Co.  v. 

v.  Southern  States  Life  Ins.  Co.  (L.R.A. 
1917B,  208,  —  Okla.  — ,  160  Pac. 
457) 
Fritz  v.  Kirschbraun  &  Sons.    See  Marshall 

&  Co.  v.  Kirschbraun  &  Sons. 
Frogg  v.  Com.   (L.R.A.1915D,  330,  163  Ky. 

175.  173  S.  W.  383) 
Frost  v.  Topeka  (L.R.A.1917C,  429,  98  Kan. 

636.  161  Pac.  936) 

Frost- Johnson  Lumber  Co.,  Farley  v. 
Fruth   v.   Board    of   Affairs    (L.R.A.1915C, 

981,  —  W.  Va.  — ,  84  S.  E.  105) 
Fryar,  Burroughs  Adding  Mach.  Co.  v. 
Frye,  Carr  v. 
Frye  Institute,  Gibson  v. 
Fuel  Co.  v.  Interstate  Transfer  R.  Co.   ( — 
Wis.  — ).    See  Carnegie  Fuel  Co.  v. 
Interstate  Transfer  R.  Co. 
v.  Lundy   ( —  Tenn.  — ).     See  Clinch- 
field  Fuel  Co.  v.  Lundy. 
Fuel  Gas  Co.  v.  Williamson  U74  Ky.  362). 
See  United  Fuel  Gas  Co.  v.  Wil- 
liamson. 

Fugatt,  Kansas  City,  M.  &  0.  R.  Co.  v. 
Fulgham,  Midland  Valley  R.  Co.  v. 
Fuller,  Smith  v. 

v.  Wright    (L.R.A.1917E,  1139,  —  Ga. 

— ,  92  S.  E.  873) 
Fuqua,  Torian  v. 

Furkovich  v.  Bingham  Coal  &  Lumber  Co. 
(L.R.A.1915B,  426,  —  Utah  — ,  143 
Pac.  121) 

Furniture  Co.  v.  Manufacturing  Co.  ( —  N.  | 
C.  — ).     See  Hall  Furniture  Co.  v. 
Crane  Breed  Mfg.  Co. 
Fursman   v.   Chicago.     See   People   ex  rel. 

Fursman  v.  Chicago. 
Futoransky  v.  Pope   (L.R.A.1916F,  548,  — 

Okla.  — ,  157  Pac.  905)  I 

Fylar,  Sagal  v. 


G. 

Gaar,  Cropper  v. 

Caddie,  Louisville  &  N.  R.  Co.  v. 

Gage  v.  Boston  &  M.  R.  Co.  (L.R.A.1915A, 

363,  —  N.  H.  — ,  90  Atl.  855) 
Hall  v. 
Gagnon  v.  Rhode  Island  Co.   (L.R.A.1917E, 

1047,  —  R.  I.  — ,  101  Atl.  104) 
Gain  v.  South  Penn  Oil  Co.   (L.R.A.1916B, 

1002,  —  W.  Va.  — ,  86  S.  E.  883) 
Gaines  v.   Charleston   Light   &   Water   Co. 
(L.R.A.1916E,  417,  —  S.  C.  — ,  88 
S.  E.  378) 
v.  New  York  (L.R.A.1917C,  203,  215  X. 

Y.  533,  109  N.  E.  f>!>4) 
Galbraith  v.  McDonald    (L.R.A.1915A.  464, 

123  Minn.  208,  143  N.  W.  353) 
Gallagher,  Mooy  v. 
Galloway,  Perkins  v. 
Galpin  v.   Chicago    (L.R.A.1917B,    176,   269 

111.  27,  109  N.  E.  713) 
Galvin,  Chicago,  R.  I.  &  P.  R.  Co.  v. 
Gamble  v.  Uncle  Sam  Oil  Co.  (L.R.A.1917D, 

875,  100  Kan.  74,  163  Pac.  627) 
Gamble-Desmond  Co.,  Mahoney  v. 
Gannon,  Kilgore  v. 
Gans  v.  JEtna  L.  Ins.  Co.  (L.R.A.1915F,  703, 

214  X.  Y.  326,  108  N.  E.  443) 
Garber-Buick  Co.,  Reynolds  v. 
Gard  v.  Mason  (L.R.A.1916B,  1077,  —  X.  C. 

— .  86  S.  E.  302) 
Gardiner,  Glantz  v. 

v.  Solomon   (L.R.A.1917F,  380,  —  Ala. 

— ,  75  So.  621) 

Gardner  v.  Postal  Teleg.-Cable  Co.  (L.R.A. 
1916E,  484,  —  N.  C.  — ,  88  S.  E. 
630) 

Simmons  v. 
State  v. 

Garfield,  Trefry  v. 

Garland  v.  Carolina,  C.  &  0.  R.  Co.  (L.R.A. 
1917B,  706,  —  N.  C.  — ,  90  S.  E. 
779) 

Garner,  Cain  v. 
Garrett   v.    Beers    (L.R.A.1916F,    12S9,    97 

Kan.  255,  155  Pac.  2) 
v.  Southern  R.   Co.    (L.R.A.iniTF,  885, 

172  X.  C.  737,  90  S.  E.  903) 
State  ex  rel.  Barnes  v. 
Gas  &  Coke  Co.  v.  Giebisch  (—  Or.  — ).    See 
Portland     Gas     &     Coke     Co.     v. 
Giebisch. 
Gas  &  E.  Co.  v.  Black  (—  Ohio  St.  — ).    See 

Citizens'  Gas  &  E.  Co.  v.  Black. 
Gas  Co.  v.  Public  Utility  Commission  ( —  X. 
J.  — ).     See  Public  Service  Gas  Co. 
v.  Public  Utility  Commission. 
Gaskill  v.  Forest  Home  Cemetery  Co.   r2"'S 
111.  36).     See  People  ex  rel.     Gas- 
kill  v.  Forest  Home  Cemetery  Co. 
Gaspard,  Cleveland  Metal  Roofing  &  Ceiling 

Co.  v. 

Gatcomb,  Driscoll  v. 
Gates,  Aurora  v. 
Gatlin,  Milner  v. 
Gavitt,  Shea  v. 
Gawley,  Cissna  Loan  Co.  v. 
Gay,  Coffey  v. 

Gaynor  v.  Standard  Acci.  Ins.  Co.  (L.R.A. 
1916A,  363,  217  Mass.  86,  104  X. 
E.  339) 


TABLE  OF  CASES. 


473 


Gearing  v.  Berkson  (L.R.A.1916D,  1006,  223 

Mass.  257,  111  N.  E.  785) 
Geer  v.  Sound  Transfer  Co.    (L.R.A.1916B, 

987,  —  Wash.  — ,  152  Pac.  691) 
Geiger,  State  ex  rel.  St.  Joseph  Water  Co. 

v. 

Geiger-Jones  Co.,  Hall  v. 
Gelvin,  Chicago,  B.  &  Q.  R.  Co.  v. 
Gemmill,  Yoncalla  State  Bank  v. 
General  Acci.  F.  &  L.  Assur.  Corp.  v.  Louisi- 
ana    Home     Teleph.     Co.     (L.R.A. 

1917D,  952,  175  Ky.  96,  193  S.  W. 

1031) 
General    Rubber    Co.    v.    Benedict    (L.R.A. 

1915F,  617,  215  N.  Y.  18,  109  N.  E. 

96) 
George,  Tennessee  C.  I.  &  R.  Co.  v. 

v.  Travis    (L.R.A.1915E,  408,  —  Mich. 

— ,  152  N.  W.  207) 
Georgia  &  F.  R.  Co.  v.  Tapley  (L.R.A.1916C, 

1020,  —  Ga.  — ,  87  S.  E.  473) 
Georgia    Casualty    Co.    v.    Bowron   (L.R.A. 

1916F,  876,  233  Fed.  89) 
Georgia  L.  Ins.  Co.  v.  Easter  (L.R.A.1915C, 

456,  —  Ala.  — ,  66  So.  514) 
Georgia    Public    Service   Corp.,   Union   Dry 

Goods  Co.  v. 

Georgia  Railway  &  P.  Co.,  Rossman  v. 
Georgia  Southern  &  F.  R.  Co.,  Wright  v. 
German  Alliance  Ins.  Co.  v.  Lewis  (L.R.A. 

1915C,  1189,  233  U.  S.  389,  58  L. 

ed.  1011,  34  Sup.  Ct.  Rep.  612) 
German  Commercial  Acci.  Co.,  Gotfredson  v. 
Germania  F.  Ins.  Co.,  Grollimund  v. 

Stephenson  v. 
Geroski    v.    Allegheny    County    Light    Co. 

(L.R.A.1915D,  560,  247  Pa.  304,  93 

Atl.  338) 

Gevurtz,  Wilson  v. 

Ghromley,  Modern  Woodmen  of  America  v. 
Giacomini,  Colorado  Mortg.  &  Invest.  Co.  v. 
Giblin,  Nesbit  v. 
Gibson,  Carterville  v. 

v.  Frye   Institute    (L.R.A.1917D,   1062, 

—  Tenn.  — ,  193  S.  W.  1059) 
v.  Western    &    Southern    L.    Ins.    Co. 

(L.R.A.1915D,    697,    161    Ky.    810, 

171  S.  W.  390) 

Giebisch,  Portland  Gas  &  Coke  Co.  v. 
Girnn  v.  Ancient  Order  of  United  Workmen 

(L.R.A.1916D,  1168,  —  Xeb.  — ,  157 

N.  W.  113) 
Gilbert  v.  Citizens'  National  Bank   (L.R.A. 

1917A,  740,  —  Okla.  — ,  160  Pac. 

635) 
Gile  v.  Interstate  Motor  Car  Co.    (L.R.A. 

1915B,  109,  27  N.  D.  108,  145  N. 

W.  732) 
Gilkerson  v.  Atlantic  C.  L.  R.  Co.   (L.R.A. 

1915C,  664,  —  S.  C.  — ,  83  S.  E. 

592) 

Gilleland,  Board  of  Education  v. 
Gillen  v.   Ocean  Acci.   &   G.  Corp.    (L.R.A. 

1916A,  371,  215  Mass.  96,  102  N. 

E.  346) 

Gillespie,  Miller  v. 
Gillette,  Chitty  v. 
Gillis,  Re  (49  Mont.  454).  See  McDonald, 

Ex  parte. 
Phillips  v. 


Gilman  v.  Commonwealth  Ins.  Co.   (L.R.A. 

1915C,  758,   112  Me.  528,  92  Atl. 

721) 
v.  Gilman   (L.R.A.1916B,  907,  —  N.  H. 

— ,  95  Atl.  657) 
Gilpin    v.    Columbia    Nat.    Bank     (L.R.A. 

1917F,  864,  220  N.  Y.  406,  115  N. 

E.  982) 

Girard  Fire  &  M.  Ins.  Co.,  Wiig  v. 
Gish  Bkg.  Co.  v.  Leachman   (L.R.A.1915D, 

920,  —  Ky.  — ,  174  S.  W.  492) 
Gladding,  Bullowa  v. 
Glanton,  United  States  Nat.  Bank  v. 
Glantz  v.  Gardiner  (L.R.A.1917F,  226,  —  R. 

I.  — ,  100  Atl.  913) 

Glastonbury  Knitting   Co.,  Mann  v. 
Gleichmann,  Security  Trust  &  Sav.  Bank  v. 
Glenn,  Re   (L.R.A.1916D,  1190,  —  S.  C.  — , 

88  S.  E.  294) 

Glens  Falls  Ins.  Co.,  Hudson  v. 
Glenwood    Light    &   Water   Co.,    Glenwood 

Springs  v. 
Glenwood    Springs    v.    Glenwood    Light    & 

Water  Co.    (L.R.A.1915C,  438,  121 

C.  C.  A.  88,  202  Fed.  678. 
Glidden  v.   Goodfellow   (L.R.A.1916F,  1073, 

124  Minn.  101,  144  N.  W.  428) 
v.  Second    Ave.    Invest.     Co.     (L.R.A. 

1915C,  190,  125  Minn.  471,  147  N. 

W.  658) 
Globe  Casket  &  Undertaking  Co.,  State  ex 

rel.  Fishback  v. 
Glover  v.  Southern  R.  Co.     See  Woodward 

v.  Southern  R.  Co. 
Goddard,  Spickermon  v. 
Godley  v.   Crandall  &  Godley  Co.    (L.R.A. 

1915D,  632,  212  N.  Y.  121,  105  N. 

E.  818) 
v.Weisman      (L.R.A.1917A,      333,      — 

Minn.  — ,  157  N.  W.  711) 
Goehring,  Rott  v. 
Goff,  Colvin  v. 
Goins  v.  State   (L.R.A.1915D,  241,  —  Ohio 

St.  — ,  107  N.  E.  335) 
Goldberg  &  Lewis,  Ex  parte   (L.R.A.1915F, 

1157,  —  Ala.  — ,  67  So.  839) 
Golden  Eagle  Min.  Co.  v.  Imperator-Quilp 

Co.    (L.R.A.1917C,    113,    —    Wash. 

— ,  161  Pac.  848) 
Goldsboro  Twp.,  Price  v. 
Gonzalez  y  Gonzalez  Arzuaga  e  Izaguirre  v. 
Gooch  v.  Gooch  (L.R.A.1917C,  582,  —  Iowa, 

— ,  160  N.  W.  333) 
Goode,  St.  Louis  &  S.  F.  R.  Co.  v. 
Goodfellow,  Glidden  v. 
Goodin    v.     Dixie     Portland     Cement     Co. 

(L.R.A.1917F,  308,  —  W.  Va.  — ,  90 

S.  E.  544) 
Gooding  v.  Ott    (L.R.A.1916D,  637,  —  W. 

Va.  — ,  87  S.  E.  862) 
Goodwin,  Clark  v. 

Lynn  v. 
Gordon    v.    Business    Men's    Racing    Asso. 

(L.R.A.  1917F,  700,  —  La.  — ,  75 

So.  735) 
v.  Gordon   (L.R.A.1916D,  576,  168  Ky. 

409.  182  S.  W.  220) 
Marshall  v. 
Gore,  Baer  v. 
Goset  v.  Goset  (L.R.A.1916C,  707,  112  Ark. 

47,  164  S.  W.  759) 
Gosnell,  Charleston  &  W.  C.  R.  Co.  v. 


474 


TABLE  OF  CASES. 


Gosney  v.  Louisville  &  N.  R.  Co.  (L.R.A. 
1916E,  458,  169  Ky.  323,  183  S.  W. 
538) 

Gotfredson  v.  German  Commercial  Acci.  Co. 
(L.R.A.1915D,  312,  —  C.  C.  A.  — , 
218  Fed.  582) 

Gould  v.  Maine  Farmers'  Mut.  F.  Ins.  Co. 
(L.R.A.1917A,  604,  114  Me.  416,  96 
Atl.  732) 

Gounagias,  State  v. 
Grace,  Union  P.  R.  Co.  v. 
Grace  &  Co.  Rainey  v. 
Graff  v.  Probate  Ct.    See  State  ex  rel.  Graff 

v.  Probate  Ct. 

Grafiam  v.  Saco  Grange,  Patrons  of  Hus- 
bandry, No.  53  (L.R.A.1915C,  632, 
112   >if.  f><IS,  !I2  Atl.  «4!M 
Graham  v.   Graham    (L.R.A.1917B,  405,  54 

Wash.  70,  102  Pac.  891) 
Hatfield  v. 

Grain  Co.   v.   Railway   Co.    (94  Kan.  446). 
See  Rail  Grain  Co.  v.  Missouri  P. 
R.  Co. 
Grainger  v.  Jenkins  (L.R.A.1915E,  404,  156 

Ky.  257,  160  S.  W.  926) 
Grand  Fraternity,  Laue  v. 
Grand  Rapids  &  I.  R.  Co.,  Bement  v. 
Granite    Building   Corp.   v.    Rubin    (L.R.A. 
1917D,   845,  —  R.  I.  — ,  100  Atl. 
310) 

Granite  Mfg.  Co.,  Richter  v. 
Grannis,  Ordean  v. 
Grant  v.  Swank   (L.R.A.1915B,  881,  —  W. 

Va.  — ,  81  S.  E.  967) 

Grass  v.  Big  Creek  Development  Co.  (L.R.A. 
1915E,  1057,  —  W.  Va.  — ,  84  S.  E. 
750) 
Graves    v.    Dunlap    (L.R.A.1916C,    338,    — 

Wash.  — ,  152  Pac.  532) 
Eeelin  v. 

State  ex  rel.  Mclaughlin  v. 
Gray,  Re  (L.R.A.1917A,  611,  27  N.  D.  417, 

146  X.  W.  722) 
v.  Commonwealth      (L.R.A.1917B,     93, 

171  Ky.  269,  188  S.  W.  354) 
Henderson  v. 
v.  Lentz    (L.R.A.1917E,   863,  —  N.   C. 

— ,  91  S.  E.  1024) 

Great  Northern  R.  Co.  v.  Capital  Trust  Co. 

(LJLA.1917E,  1050,  242  U.  S.  144, 

61  L.  ed.  208,  37  Sup.  Ct.  Rep.  41) 

Eisentrager  v. 

v.  Harman  (L.R.A.1915C,  843,  —  C.  C. 

A.  — ,  217  Fed.  959) 
Hobbs  v. 
Johnston  v. 
Keeley  v. 
Padrick  v. 
St.  Paul  v. 
Stuhl  v. 
Topping  v. 
v.  United    States     (L.R.A.1915D,    408, 

—  C.  C.  A.  — ,  218  Fed.  302) 
Great  Southern  F.  Ins.  Co.  v.  Burns  (L.R.A. 
1916B,  1252,  —  Ark.  — ,  175  S.  W. 
1161) 

Great  Southern  Lumber  Co.,  Pearson  v. 
Great  Western  Acci.  Asso.,  Minner  v. 
Great    Western    Power    Co.    v.    Pillsbury 
(L.R.A.1916A,  281,  —  Cal.  — ,  151 
Pac.  1136) 


•  Green  v.  Green  (L.R.A.1915E,  972,  125  Md. 

141,  93  Atl.  400). 
Hostetter  v. 

v.  National  Advertising  &  A.  Co. 
(L.R.A.1917E,  784,  —  Minn.  — , 
iti2  A.  \V.  1056) 

v.  Northwestern  Trust  Co.  (L.R.A. 
1916D,  739,  128  Minn.  30,  150  X. 
W.  229) 

v.  Plunkett.     See  Delaney  v.  Plunkett. 
Royal  Arcanum  v. 
State  Mut.  Ins.  Co.  v. 
v.  West  Penn.  Rys.  Co.    (L.R.A.1915C, 

151,  246  Pa.  340,  92  Atl.  341) 
Greene  v.  Rhode  Island  Co.   (L.R.A.1915F, 

6,  —  R.  I.  — ,  94  Atl.  869) 
Slatersville  Finishing  Co.  v. 
Greenius   v.    American   Surety   Co.    (L.R.A. 
1917F,    1134,    92    Wash.    401,    159 
Pac.  384) 

Greenwald,  Mobile  &  0.  R.  Co.  v. 
Greer  v.  Equity  Co-operative  Exch.  (L.R.A. 
1917F,  440,  —  Minn.  — ,  163  N.  W. 
527) 

Gregg  v.  Little  Rock  Chamber  of  Commerce 
(L.R.A.1916B,  1006,  —  Ark.  — ,  179 
S.  W.  658) 
Snetzer  v. 
Weigell  v. 
Gregorson,  Re   (L.R.A.1916C,  697,  160  Cal. 

21,  116  Pac.  60) 
Gregory  Co.,  Washburn  v. 
Gresby,  Hagen  v. 
Grew,  Doane  v. 
Grice  v.  Todd  (L.R.A.1917D,  512,  —  Va.  — , 

91  S.  E.  609) 
Griffin,  Drummond  v. 

v.  Russell    (L.R.A.1916F,   216,  144  Ga. 

275,  87  S.  E.  10) 
St.  Louis  S.  W.  R.  Co.  v. 
v.  San   Pedro,   L.   A.    &   S.   L.   R.   Co. 
(L.R.A.1916A,  842,  —  Cal.  — ,  151 
Pac.  281) 
v.  State    (L.R.A.1915C,    716,    142    Ga. 

636,  83  S.  E.  540) 
Griffin  &  Son  v.  Parker  (L.R.A.1917F,  497, 

129  Tenn.  446,  164  S.  W.  1142) 
I  Griffis,  United  States  Casualty  Co.  v. 
I  Griffith  v.  American  Coal  Co.  (L.R.A.1915F, 

803,  —  W.  Va.  — ,  84  S.  E.  621) 
Cook  v. 
Grigsby  v.  Reib   (L.R.A.1915E,  1,  105  Tex. 

597,  153  S.  W.  1124) 

Grimes  v.  Minneapolis,  St.  P.  R.  &  D.  Elect. 
T.  Co.  (L.R.A.1916F,  687,  —  Minn. 
— ,  158  N.  W.  719) 
Grinnell  v.  Wilkinson  (L.R.A.1917B,  767,  - 

R.  I.  — ,  98  Atl.  103) 
Griswold,  People  v. 
Grizzard  v.  Fjte  (L.R.A.1917D,  652,  —  Tenn. 

— ,  191  S.  W.  969) 

Groceteria  Stores  Co.  v.  Tebbetts  (L.R.A. 
1917C,  955,  —  Wash.  — ,  162  Pac. 
54) 

Grollimund  v.  Germania  F.  Ins.  Co.  (L.R.A. 
1915B,  509,  82  N.  J.  L.  618,  83  Atl. 
1108) 

Gross  v.  Omaha  &  Council  Bluffs  Street  R. 
Co.  (L.R.A.1915A,  742,  —  Neb.  — , 
147  N.  W.  1121) 
Gross-Kelly  &  Co.,  Elgin  v. 


TABLE  OF  CASES. 


475 


•Grover  Irrig.  &  Land  Co.  v.  Lovella  Ditch 

R.  &  I.  Co.  (L.R.A.1916C,  1275,  21 

Wyo.  204,  131  Pac.  43) 
-Groves  v.  Barden  (L.R.A.1917A,  228,  169  N. 

C.  8,  84  S.  E.  1042) 
Gruber  v.  Cater  Transfer  Co.  (L.R.A.1917F, 

422,  —  Wash.  — ,  165  Pac.  491) 
Grueninger,  Baumhoff  v. 
Grunland,  People  v. 
Grutz,  People  v. 
Guana    v.    Southern    P.    Co.    (L.R.A.1916D, 

1206,  15  Ariz.  413,  139  Pac.  782) 
<Juano  Co.  v.  Live-Stock  Co.  (168  N.  C.  442). 

See    Hampton    Guano    Co.    v.    Hill 

Live-Stock  Co. 

Guarantee  Co.  v.  Industrial  Accident  Com- 
mission   ( —  Cal.  — ).     See  Ocean 

Accident    &    G.    Co.    v.    Industrial 

Accident  Commission. 
Guaranty  State  Bank  &  T.  Co.  v.  Lively 

(L.R.A.1917E,  673,  —  Tex.  — ,  194 

S.  W.  937) 
"Guaranty  Trust  Co.  v.  Mobile  &  0.  R.  Co. 

(L.R.A.1916D,  709,  —  Miss.  — ,  70 

So.  585) 
Guastelo  v.  Michigan    C.    R.    Co.    (L.R.A. 

1917D,  69,  —  Mich.  — ,  160  N.  W. 

484) 

Cudgel,  Stack  v. 
'Guevin  v.  Manchester  Street  R.  Co.  (L.R.A. 

1917C,  410,  —  N.  H.  — ,  99  Atl. 

298) 
Guidry  v.  Morgan's  Louisiana  &  T.  R.  &  S. 

S.  Co.    (L.R.A.1917D,  962,  140  La. 

1007,  74  So.  534) 
Guinn  v.  United  States  (L.R.A.1916A,  1124, 

238  U.  S.  347,  59  L.  ed.  1340,  35 

Sup.  Ct.  Rep.  926) 
Guiton,  People  v. 
Gulf  &  Ship  Island  R.  Co.  v.  Buddendorff 

(L.R.A.1916D,  253,  —  Miss.  — ,  70 

So.  704) 
Gulf  Coast  Transp.  Co.  v.  Howell    (L.R.A. 

1916D,  974,  —  Fla.  — ,  70  So.  567) 
Gulf  Refining   Co.  v.  Hayne    (L.R.A.1916D, 

1147,  138  La.  555,  70  So.  509) 
Gunn,  Price  v. 

v.  United  Rys.  Co.  (L.R.A.1917D,  1131, 

-  Mo.  — ,  193  S.  W.  814) 
Gursky  v.  Blair   (L.R.A.1916F,  359,  218  N. 

Y.  41,  112  N.  E.  431) 
Gutberlett,  Rochester  v. 
Guthrie  v.  McMurren  (L.R.A.1915B,  187,  — 

Iowa,  — ,  149  N.  W.  71) 
Guthrie  Gas,  L.  F.  &  I.  Co.,  Waugh  v. 
Gwinn  v.  Bucklin.    See  State  ex  rel.  Gwinn 

v.  Bucklin. 


H. 


H.  &  B.  American  Mach.  Co.,  Pendar  v. 
Haben,  Witte  v. 

Hackensack  Water  Co.,  Bouquet  v. 
Hadacheck,    Ex    parte    (L.R.A.1916B,   1248, 

165  Cal.  416,  132  Pac.  584) 
Haddad  v.  Chesapeake  &  0.  R.  Co.  (L.R.A. 

191CF,  192,  —  W.  Va.  — ,  88  S.  E. 

1038) 

Hadwin,  Brown  v. 
Haffer,  State  v. 
Hagan    v.    McNary    (L.R.A.1915E,    562,    — 

Cal.  — ,  148  Pac.  937) 


Hageman  v.  Vanderdoes  (L.R.A.1915A,  491, 

—  Ariz.  — ,  138  Pac.  1053) 
Hageri  v.  Gresby   (L.R.A.1917B,  281,  —  N. 

D.  — ,  159  N.  W.  3) 
v.  Hagen    (L.R.A.1917C,  964,  —  Minn. 

— ,  161  N.  W.  380) 
Hagerman   v.  Drabelle.     See  State  ex  rel. 

Hagerman  v.  Drabelle. 
v.  Hagerman   (L.R.A.1915A,  904,  —  N. 

M.  — ,  141  Pac.  613) 

Hagerstown    &    C.    Turnp.    Co.  v.    Evers 
(L.R.A.1917D,   333,  —  Md.  — ,   99 
Atl.  980) 
Hagerstown  Trust  Co.,  Washington  County 

Hospital  Asso.  v. 
Hahn  v.  Claybrook    (L-.R.A.1917C,  1169,  — 

Md.  — ,  100  Atl.  83) 

Hahn  Bakery  Co.  v.  Anderson  ( —  Mo.  — ). 
See  State  ex  rel.  Hahn  Bakery  Co. 
v.  Anderson. 
Hale,  National  Life  Ins.  Co.  v. 

v.  St.  Louis  &  S.  F.  R.  Co.  (L.R.A. 
1915C,  544,  39  Okla.  192,  134  Pac. 
949) 

Haley   &    L.    Co.    v.    Del   Vecchio    (L.R.A. 
1916B,  631,  —  S.  D.  — ,  153  N.  W. 
898) 
Hall  v.  Booten  (—  W.  Va.  — ).    See  Booten 

v.  Pinson. 

Cabin  Valley  Min.  Co.  v. 
v.  Catherine  Creek  Develop.  Co.  (L.R.A. 
1916C,    996,   —   Or.    — ,    153    Pac. 
97) 
v.  Cotton   (L.R.A.1916C,  1124,  167  Ky. 

464,  180  S.  W.  779) 
v.  Coultrat).     See  Halt  v.  Geiger-Jones 

Co. 

Davis-Fisher  Co.  v. 
Dudgeon  v. 
Ferry  &  Co.  v. 
v.  Gage   (L.R.A.1915C,  704,  —  Ark.  — , 

172  S.  W.  833) 

v.  Geiger-Jones  Co.    (L.R.A.1917F,  514, 
242   U.   S.   539,   61   L.  ed.   480,   37 
Sup.  Ct.  Rep.  217) 
v.  Industrial  Commission  (L.R.A.1917D, 

829,  —  Wis.  — ,  162  N.  W.  312) 
v.  Kansas  City  Terra  Cotta  Co.  (L.R.A. 
1916D,  361,  97  Kan.  103,  154  Pac. 
210) 

Kimball  v. 

v.  New  York  Teleph.  Co.  (L.R.A.1915E, 

191,  214  N.  Y.  49,  108  N.  E.  182) 

v.  Paine   (L.R.A.1917C,  737,  224  Mass. 

62,  112  N.  E.  153) 
v.  Pennsylvania    R.    Co.    (L.R.A.1917F, 

414,  —  Pa.  — ,  100  Atl.  1035) 
v.  Rose.     See  Hall  v.  Geiger-Jones  Co. 
v.  State  (L.R.A.1916F,  136,  —  Neb.  — , 

158  N.  W.  362) 
Haller    v.    Lansing    (L.R.A.1917E,    324,    — 

.    Mich.  — ,  162  N.  W.  335) 
Hall  Furniture  Co.  v.  Crane  Breed  Mfg.  Co. 
(L.R.A.1915E,  428,  —  N.  C.  — ,  85 
S.  E.  35) 

Halliday,  Hibbard  v. 

Hall  Mfg.  Co.  v.  Western  Steel  &  I.  Works 

(L.R.A.1916C,   620,   227    Fed.    588) 

Halloran   v.   Schmidt   Brewing   Co.    (L.R.A. 

1917E,  777,  —  Minn.  — ,  162  N.  W. 

1082) 


476 


TABLE  OF  CASES. 


Halsell   v.  First   Nat.  Bank   (L.R.A.1916B, 

697,  —  Okla.  — ,  150  Pac.  489) 
Halsey    v.    Lowenfeld     (L.R.A.1917C,    644, 

[1916]  2  K.  B.  707) 
Halvorson  Co.,  Stenson  v. 
Hamburg-Amerikanische  Packetfahrt  Actien 

Gesellschaft,  United  States  v. 
Hamill,  Robinovitz  v. 
Hamilton  v.  Kentucky  Title  Sav.  Bank  & 

T.  Co.  (L.R.A.1915B,  498,  159  Ky. 

680,  167  S.  W.  898) 
v.  McKenna      (L.R.A.1915E,     455,     95 

Kan.  207,  147  Pac.  1126) 
v.  Vioue  (L.R.A.1916E,  1300,  90  Wash. 

618,   156   Pac.   853) 
Hamilton  Nat.  Bank  v.  Cook  (L.R.A.1915C, 

831,    130    Tenn.    465,    171    S.    W. 

86) 
Hammermill   P.   Co.,   Nashua   River   Paper 

Co.  v. 
Hammett   Co.   v.   Peats   Co.    (L.R.A.1915A, 

334,  217  Mass.  520,  105  N.  E.  370) 
Hammitt  v.  Edwardes.    See  MacCrellish,  Re. 
Hammond  v.  Lynch.    See  State  ex  rel.  Ham- 
mond v.  Lynch, 
v.  Niagara    F.  'ins.    Co.    (L.R.A.1915F, 

759,  92  Kan.  851,  142  Pac.  936) 
Hampton,   Hampton  Beach   Improv.  Co.  v. 
v.  Watson    (L.R.A.1916F,    189,   —  Va. 

— ,  89  S.  E.  81) 
Hampton  Beach   Improv.   Co.   v.   Hampton 

(L.R.A.1915C,    698,    —    N.    H.    — , 

92  Atl.  549) 
Hampton  Guano  Co.  v.  Hill  Live-Stock  Co. 

(L.R.A.1915D,  875,  168  N.  C.  442, 

84  S.  E,  774) 
Hancock,  Muskogee  v. 
Hancock  Mut.  Life  Ins.  Co.,  Employer  ( — 

Mass.  — ).    See  Hewitt,  Employee. 
Larke  v. 

Handlin,  McCoy  v. 
Hanford    v.    Hanford    Gas    &    Power    Co. 

(L.R.A.1915E,  165,  —  Cal.  — ,  147 

Pac.  969) 

Hanford  Gas  &  Power  Co.,  Hanford  v. 
Hanlon  v.  Ley  land  &  Co.  (L.R.A.1917A,  34, 

223  Mass.  438,  111  N.  E.  907) 
Hannon  v.  Ancient  Order  United  Workmen 

(L.R.A.1917C,   1029,   99   Kan.   734, 

163  Pac.  169) 
Hanover  Star  Milling  Co.  v.  Allen  &  Wheeler 

Co.     (L.R.A.1916D,    136,    208    Fed. 

513) 
Hansen  v.  Hansen    (L.R.A.1915A,   104,  126 

Minn.  426,  148  N.  W.  457) 
Hawkins  v. 
Wells  v. 
Hanson  v.  Northern  Pacific  R.  Co.  (L.R.A. 

1916E,    446,    90    Wash.    516,    156 

Pac.  553) 
Harhert  v.  Hope  Natural  Gas  Co.    (L.R.A. 

1915E,  570,  —  W.  Va.  — ,  84  S.  E. 

770) 

Harbeson,  White  v. 
Harbroe,  Re    (L.R.A.1916D,  933,  223  Mass. 

139.  Ill  X.  E.  709) 
Hardage  v.  Durrett  (L.R.A.1916E,  211,  110 

Ark.  63,  160  S.  W.  883) 
Hardie  v.  Barrett  (L.R.A.1917F,  444,  —  Pa. 

— ,  101  Atl.  75) 
Hardin,  Brown  Shoe  Co.  v. 


Hardin  v.  Dale  (L.R.A.1915D,  1099,  —  Okla. 

— ,  146  Pac.  717) 
Hardman  Estate,  Le  Vette  v. 
Hardware    Co.    v.    Mortgage    &   Warranty 
Title  Co.  <—  Mont.  — ).     Sec  Hol- 
ter     Hardware     Co.     v.     Western 
Mortg.  &  Warranty  Title  Co. 
v.  Warner  Elevator  M'fg.   Co.    (—  W. 
Va.  — ).    See  Charleston  Hardware 
Co.  v.  Warner  Elevator  Mfg.  Co. 
Hardwick  v.  Harris  (L.R.A.1917D,  1137,  — 

N.  M.  — ,  163  Pac.  253) 
Hardy,  Re  (L.R.A.1917E,  578,  86  N.  J.  Eq. 

405,  99  Atl.  326) 
Hare,  Mackenzie  v. 

Harlem  River  &  P.  C.  R.  Co.  v.  State  Bd. 
of  Tax  Comrs.    See  People  ex  rel. 
Harlem  River   &   P.   C.  R.   Co.   v. 
State  Bd.  of  Tax  Comrs. 
Harman,  Great  Northern  R.  Co.  v. 
Harner,  Lefker  v. 
Harrington,  Howard  v. 

Rice  v. 
Harris   v.   AUegany   County    (L.R.A.1917E, 

824,  —  Md.  — ,  100  Atl.  733) 
Creamer  v. 
Hardwick  v. 
v.  Hoyt    (L.R.A.1916C,    344,    161    Wis. 

498,  154  N.  W.  842) 
v.  Johnson    (L.R.A.1917C,  477,  —  Cal. 

— ,  161  Pac.  1155) 
Missouri,  K.  &  T.  R.  Co.  v. 
v.  Security   Mut.   L.    Ins.    Co.    (L.R.A. 
1915C,  153,  —  Tenn.  — ,  170  S.  W. 
474) 
v.  State   (L.R.A.1917D,  1013,  —  Miss. 

— ,  74  So.  323) 
Harrison  v.  Harrison  (L.R.A.1916E,  854,  — 

N.  M.  — ,  155  Pac.  356) 
Ogallah  Elevator  Co.  v. 
O'Neal  v. 
Pond  v. 

v.  St.    Louis   &   S.   F.   R.    Co.    (L.R.A. 
1915F,  1187,  232  U.  S.  318,  58  L, 
ed.  621,  34  Sup.  Ct.  Rep.  333) 
Harrow,  Re  (L.R.A.1917D,  281,  140  La.  570, 

73  So.  683) 
Harsh  v.  Nebraska  Seed  Co.  (L.R.A.1915F, 

824,  —  Neb.  — ,  152  X.  W.  310) 
Hart,  Re   (L.R.A.1915C,  1169,  29  X.  D.  38, 

149  X.  W.  568) 
Calkins  v. 
v.  Noret     (L.R.A.1916F,    83,    —    Mich. 

— ,  158  X.  W.  17) 
State  v. 

Hartford  v.  All  Night  and  Day  Bank  (L.R.A. 
1916A,  1220,  —  Cal.  — ,  150  Pac. 
356) 

Hartford  L.  Ins.  Co.  v.  Ibs  (L.R.A.1916A, 
765,  237  U.  S.  662,  59  L.  ed.  1165, 
35  Sup.  Ct.  Rep.  692) 

Hartman  v.  Atchison,  T.  &  S.  F.  R.  Co. 
(L.R.A.1915D,  563,  94  Kan.  184, 
146  Pac.  335) 

v.  Knights  &  Ladies  of  Security  (L.R.A. 
1915E,   152,   —   Or.   — ,    147    Pac. 
931) 
Hartnett  v.  Boston  Store  (L.R.A.1915C,  460, 

265  111.  331,  106  X.  E.  837) 
Hart-Parr  Co.  v.  Finley  (L.R.A.1915E.  851, 
—  X.  D.  — ,  153  X.  W.  137) 


TABLE  OF  CASES. 


477 


Harvey  v.  Chapman  (L.R.A.1917E,  389,  226 

Mass.  191,  115  N.  E.  304) 
Lufkin  v. 
Miller  v. 
v.  Missouri  Athletic  Club.     See   State 

ex  inf.  Harvey  v.  Missouri  Athletic 

Club, 
v.  St.   Louis   Club.     See  State  ex  inf. 

Harvey  v.  St.  Louis  Club. 
Haskell  v.  Howard   (L.R.A.1916B,  893,  269 

111.  550,  109  N.  E.  992) 
v.  Kurtz    Co.     (L.R.A.1917F,    881,    — 

Iowa,  — ,  162  N.  W.  598) 
v.  Staples    (L.R.A.1917D,   819,   —   Me. 

— ,  100  Atl.  148) 
Hatchett,  Southern  R.  Co.  v. 
Hatfield  v.   Graham    (L.R.A.1915A,  175,  — 

W.  Va.  —  81  S.  E.  533)' 
Hattiesburg  Traction  Co.,  Mississippi  C.  R. 

Co.  v. 

Hauptly,  State  ex  rel.  Lathrop  v. 
Hauss   v.   Surran    (L.R.A.1916D,    997,    168 

Ky.  686.  182  S.  W.  927) 
Havana    C.    R.    Co.   v.    Central   Trust    Co. 

(L.R.A.1915B,    715,    123    C.    C.    A. 

72,  204  Fed.  546) 
v.  Knickerbocker     Trust     Co.     (L.R.A. 

1915B,  720,  198  N.  Y.  422,  92  N.  E. 

12) 
Haverhill  Shoe  Manufacturers'  Asso.,  Cor- 

nellier  v. 

Havolic,  Federal  Rubber  Mfg.  Co.  v. 
Hawkins   v.    Hansen    (L.R.A.1915A,  90,   92 

Kan.  73,  139  Pac.  1022) 
Illinois  C.  R.  Co.  v. 
Hawksley  v.  Peace   (L.R.A.1916D,  1179,  — 

R.  I.  — ,  96  Atl.  856) 
Haycraft,  Vincent  v. 
Hayden  v.  Chicago,  M.  &  G.  R.  Co.  (L.R.A. 

1915C,   181,  —  Ky.  — ,  170  S.  W. 

200) 

City  Cab,  Carriage  &  Transfer  Co.  v. 
Hayes,   Re    (L.R.A.1917D,  192,  —  Fla.  — , 

73  So.  362) 
Ains  v. 
Pawlak  v. 
Shade  v. 

Haylock,  Kelley  v. 
Haymaker  v.  State  ex  rel.  McCain  (L:R.A. 

1917D,  210,  —  N.  M.  — ,  163  Pac. 

248) 

Hayne,  Gulf  Refining  Co.  v. 
Hays  v.  Poplar  Bluff  (L.R.A.1915D,  595,  — 

Mo.  — ,  173  S.  W.  676) 
Springfield  Fire  &  M.  Ins.  Co.  v. 
v.  United    States.      See    Caminetti    v. 

United  States. 

Headle,  Modern  Woodmen  of  America  v. 
H^aly,  State  v. 
Heath  v.  Minneapolis,  St.  P.  &  S.  Ste.  M. 

R.  Co.  (L.R.A.1916E,  977,  126  Minn. 

470,  148  N.  W.  311) 
Heating   Co.  v.   Magarity    (2  Boyce    (Del.) 

459).     See   Model   Heating  Co.  v. 

Magarity. 
Heaton,  Re    (L.R.A.1916D,  201,  —  Vt.  — , 

96  Atl.  21) 
Hecht  v.  Boston  Wharf  Co.    (L.R.A.1915D, 

725.  220  Mass.  397,  107  N.  E.  990) 
Hehemann,  Louisville  v. 
Heidelberg^ -Etna  Ins.  Co.  v. 


Heiden,  Prest-0-Lite  Co.  v. 
Heileman  Brewing  Co.,  Keegan  v. 
Heinrich  v.  First  Nat.  Bank  (L.R.A.1917A, 

655,  219  N.  Y.  1,  113  N.  E.  531) 
Heitsch  v.  Minneapolis  Threshing  Mach.  Co. 

(L.R.A.1915D,    349,    29    N.    D.    94, 

150  N.  W.  457) 
Heitz,  Re   (218  N.  Y.  148).     See  Heitz  v. 

Ruppert. 
v.  Ruppert   (L.R.A.1917A,  344,  218  N. 

Y.  148,  112  N.  E.  750) 
Held,  Hunt  v. 
Helderle,  State  v. 
Heller  v.  Lutz   (L.R.A.1915B,  191,  254  Mo. 

704,  164  S.  W.  123) 
Helsabeck   v.    Doub    (L.R.A.1917A,   1,    167 

N.  C.  205,  83  S.  E.  241) 
Hemenway  v.  Milton  (L.R.A.1915C,  949,  217 

Mass.  230,  104  N.  E.  362) 
Hemrich,  State  v. 
Hench  v.  Pennsylvania  R.  Co.  (L.R.A.1915D, 

557,  246  Pa.  1,  91  Atl.  1056) 
Henderson  v.   Gray    (27   N.  D.   417).     See 

Gray,  Re. 

State  ex  rel.  Turner  v. 
Hendley  v.  Bittinger  (L.R.A.1915F,  711,  249 

Pa.  193,  94  Atl.  831) 
Hennen   v.   Deveny    (L.R.A.1917A,   524,   71 

W.  Va.  629,  77  S.  E.  142) 
Henry  v.  Henry  (L.R.A.1916B,  1024,  74  W. 

Va.  563,  82  S.  E.  522) 
v.  White    (L.R.A.1916D,    4,   123    Minn. 

182,  143  N.  W.  324) 
Henschke   v.   Moore    (L.R.A.1917F,   450,  — 

Pa.  — ,  101  Atl.  308) 
Henson  Oil  Co.,  Litchfield  v. 
Herbert  v.  Simson   (L.R.A.1915D,  733,  220 

Mass.  480,  108  N.  E.  65) 
Herd  v.  Herd    (L.R.A.1916B,  1243,  —  Ala. 

— ,  69  So.  885) 

Herding,  Northwest  Thresher  Co.  v. 
Herlihy  v.  Donohue    (L.R.A.1917B,  702,  52 

Mont.  601,  161  Pac.  164) 
Herman,  Edelen  v. 
Hernandez,  Birmingham  Water  Works  Co. 

v. 
Herold  v.  Parish  Bd.   of  School   Directors 

(L.R.A.1915D,   941,    136    La.    1034, 

68  So.  116) 

Herron,  United  States  Nat.  Bank  v. 
Heskell  v.  Auburn  Light,  Heat  &  Power  Co. 

(L.R.A.1915B,  1127,  209  N.  Y.  86, 

102  N.  E.  540) 
Hessenius,  State  v. 

Hett  v.  Plunkett.    See  Delaney  v.  Plunkett. 
Hetzel  v.  Wasson  Piston  Ring  Co.   (L.R.A. 

1917D,  75,  89  N.  J.  L.  201,  98  Atl. 

306) 
Hewitt,    Employee    (L.R.A.1917B,    249,    — 

Mass.  — ,  113  N.  E.  572) 
Hibbard  v.  Halliday   (L.R.A.1916F,  903,  — 

Okla.  — ,  158  Pac.  1158) 
v.  Wichita   (L.R.A.1917A,  399,  98  Kan. 

498,  159  Pac.  399) 
Hibernia   Bank  &   Trust   Co.  v.   Cancienne 

(L.R.A.1917D,  402,  140  La.  969,  74 

So.  267) 

Hicken,  Farrell  v. 
Hicks  v.  Beals   (L.R.A.1917D,  1067,  —  Or. 

— ,  163  Pac.  83) 


478 


TABLE  OF  CASES. 


Hicks   v.    Northwestern    Mut.    L.   Ins.    Co. 

(L.R.A.1915A,  872,  —  Iowa,  — ,  147 

N.  W.  883) 

Woods-Egan  Live  Stock  Com.  Co.  v. 
Higgins,  Debaca  v. 

Holman  v. 
Higgins  &  Co.  v.  Chicago,  B.  &  Q.  R.  Co. 

(L.R.A.1917C,    507,    —    Minn.    — , 

161  N.  W.  145) 
Highland  Hospital,  Cook  v. 
Hight  v.  York  Mfg.  Co.  (L.R.A.1917E,  277, 

—  Me.  — ,  100  All.  9) 
High  tower  v.  Southern  R.  Co.  (L.R.A.1917C, 

481,  —  Ga.  — ,  91  S.  E.  52) 
Hildreth  v.  Morgan.     See  Bertram  v.  Mor- 
gan. 
Hill  v.  Poindexter    (L.R.A.1917B,  699,  171 

Ky.  847,   188  S.  W.  851) 
v.  Rae    (L.R.A.1917A,    495,    52    Mont. 

378,  158  Pac.  826) 
v.  Ritchie  (L.R.A.1917A,  731,  —  Vt.  — , 

98  Atl.  497) 
v.  Smith  &  Son  Co.  (L.R.A.1917D,  556, 

176  Mich.  151,  142  N.  W.  565) 
Hill  Live-Stock  Co.,  Hampton  Guano  Co.  v. 
Hillman,  Wilkins  v. 
Hillman  Land  &  Iron  Co.  v.  Com.   (L.R.A. 

1915C,  929,  148  Ky.  331,  146  S.  W. 

776) 

Hills,  State  ex  rel.  Lattanner  v. 
HUlstrom  v.  St.  Paul  (L.R.A.1917B,  548,  — 

Minn.  — ,  159  N.  W.  1076) 
Hinds,  Lewisburg  &  N.  R.  Co.  v. 
Hines    v.  'Modern    Woodmen    of    America 

(L.R.A.1915A,  264,  —  Okla.  — ,  137 

Pac.  675) 
v.  New  England  Casualty  Co.   (L.R.A. 

1917B,  744,  —  N.  C.  — ,  90  S.  E. 

131) 
v.  Rocky  Mount  (L.R.A.1915C,  751,  162 

N.  C.  409,  78  S.  E.  510) 
Hinkle  &   Edelen  v.   Pruitt    (L.R.A.1915F, 

644,  151  Ky.  34,  151  S.  W.  43) 
Hinkly   v.    Freick   "(L.R.A.1916B,    1041,    86 

N.  J.  L.  281,  90  Atl.  1108) 
Hinson,  Commonwealth  v. 
Hinthorn    v.    Benfer    (L.R.A.1915B,    98,   90 

Kan.  731,  136  Pac.  247) 
Hinton,  Epp  v. 
Hippie  v.  State  (L.R.A.1917D,  1141,  —  Tex. 

Crim.  App.  — ,  191  S.  W.  1150) 
Hirsch,  Zinc  Corporation  v. 
Hiser,  Maple  v. 
Hiter,  Federal  Ins.  Co.  v. 
Hitt  Lumber  Co.,  Tidwell  v. 
Hittson,  Re    (L.R.A.1916A,  1171,  —  N.  M. 

— .  150  Pac.  733) 
Hoban  v.  Dempsey  (L.R.A.1915A,  1217,  217 

Mass.  166,  104  N.  E.  717) 
v.  Hudson      (L.R.A.1916B,     1114,     129 

Minn.  335.  152  X.  W.  723) 
Hobbs   v.    Great   Northern    R.    Co.    (L.R.A. 

1915D,  503,  80  Wash.  678,  142  Pac. 

20) 
v.  Illinois  C.  R.  Co.  (L.R.A.1917E.  1023, 

171  Iowa.  624,  152  X.  W.  40) 
v.  Monarch    Refrigerating    Co.    (L.R.A. 

1W7D,  847,  277  111.  326,  115  X.  E 

534) 
v.  Rowland    (L.R.A.1916B,   1,   136   Ky. 

197,  123  S.  W.  1185) 
Ware  v. 


Hobbs,  W.  &  Co.,  Duffy  v. 

Hockett  v.   State   Liquor   Licensing   Board 

(L.R.A.1917B,  7,  91  Ohio  St.  176, 

110  X.  E.  485) 

Hocking  Valley  R.  Co.,  Swift  &  Co.  v. 
Hodge,  Meyer  v. 
Hodgeman  v.  Olsen    (L.R.A.1916A,  739,  86- 

Wash.  615,  150  Pac.  1122) 
Hodges,  Re   (L.R.A.1916A,  837,  —  Cal.  — , 

150  Pac.  344) 
Jackson  v. 
State  ex  rel.  Kimberlite  D.  M.  &  W. 

Co.  v. 
Hodson,  Merrill  v. 

v.  Wells  &  D.  Co.    (L.R.A.1917F,   958, 

31  X.  D.  395,  154  N.  W.  193) 
Hoenig    v.    Industrial    Com.    (L.R.A.1916A, 

339,  159  Wis.  646,  150  X.  W.  996) 
Hofman  Co.,  Murphy  v. 
Hogan    v.     Nashville    Interurban    R.     Co. 

(L.R.A.1915E,  788,  131  Tenn.  244r 

174  S.  W.  1118) 
Hohenadel,  Buckbee  v. 
Hohne,  Murphy  v. 
Hokanson    v.    Western    Empire    Land    Co. 

(L.R.A.1917C,   761,    135    Minn.    74, 

155  N.  W.  1043) 
Holbart  v.  Lauritson  (L.R.A.1915A,  166,  - 

S.  D.  — ,  148  X.  W.  19) 
Holbert,  Rutherford  v. 
Holbrook,  Chesapeake  Stone  Co.  v. 

v.  Libby    (L.R.A.1916A,   1167,  113   Me. 

389,  94  Atl.  482) 

Holcomb  v.  Brotherhood  of  Railroad  Train- 
men   (L.R.A.1917B,    107,    171    Ky. 

843,  188  S.  W.  885) 
Holcombe,  Ft.  Smith  &  W.  R.  Co.  v. 
Holden  v.  Farmers'  &  Traders  Nat.  Bank 

(L.R.A.1915E,  309,  —  X.  H.  — .  9$ 

Atl.  1040) 
Holden  Land  &  Live  Stock  Co.  v.  Interstate 

Trading  Co.   (L.R.A.1915B,  492,  87 

Kan.  221,  123  Pac.  733) 
Holland,  Fields  v. 

v.  Hotchkiss     (L.R.A.1915C,    492,    162 

Cal.  366,  123  Pac.  258) 
Hollin  v.  Com.   (L.R.A.1915E,  608,  158  Ky. 

427,  165  S.  W.  407) 
Hollins  v.  Everett  (L.R.A.1915B,  438,  —  (X 

C.  A.  — ,  215  Fed.  41) 
Holloman  v.  Southern  R.  Co.  (L.R.A.1917C, 

416,  —  X.  C.  — ,  90  S.  E.  292) 
Holloway,  State  v. 
Holman  v.  Higgins  (L.R.A.1916F,  1263,  134 

Tenn.  387,  183  S.  W.  1008) 
v.  Richardson     (L.R.A.1917F,    942,    — 

Miss.  — ,  76  So.  136) 
Holmes,  State  v. 
Swentzel  v. 

Holovtchiner,  Smith  v. 
Holt    v.    Otis    Elevator    Co.    (L.R.A.1917A, 

1194,  —  W.  Va.  — ,  90  S.  E.  333) 
Holt    &    Jeffery,    Fairbanks    Steam    Shovel 

Co.  v. 

Holte,  United  States  v. 
Holter  Hardware  Co.  v.  Western  Mortg.  & 

Warranty  Title  Co.    (L.R.A.1015F, 

835;  —  Mont.  — ,  149  Pac.  489) 
Homan    v.    Redick     i  L.R.A. 101 5C,    601,    — 

Xeb.  — ,  149  X.  W.  782) 
Home  Builders,  Leonard  v. 


TABLE  OF  CASKS. 


479 


Home  Ins.  Co.  v.  Bridges  (L.R.A.1917C,  276, 

172  Ky.  161,  189  S.  W.  6) 
Houseman  v. 
Swiller  v. 
v.  Union  Trust  Co.    (L.R.A.1917F,  375, 

—  R.  I.  — ,  100  Atl.  1010) 
Home  Nat.  Bank,  Ballard  v. 

Wood  v. 

Homer,  Shackley  v. 

Home  Trustees  v.  Ohio  River  R.  Co.  (—  W. 
Va.  — ).  See  Briscoe  Home  Trus- 
tees v.  Ohio  River  R.  Co. 

Hood  v.  Moffett  (L.R.A.1916B,  622,  —  Miss. 
— ,  69  So.  664) 

Hooker,  Boston  &  M.  R.  Co.  v. 

Hoopes    v.    Creighton    (L.R.A.1917C,    1146, 

—  Neb.  — ,  160  N.  W.  742) 
Hooten  v.  State  use  of  Cross  County  (L.R.A. 

1916C,  544,  —  Ark.  — ,  178  S.  W. 
310) 
Hooton,   Trustees,   Executors   &   Securities 

Ins.  Corp.  v. 
Hoover,  Yount  v. 
Hope  Natural  Gas  Co.,  Harbert  v. 
Hopkins  v.  Excelsior  Powder  Mfg.  Co.    See 
State  ex  rel.  Hopkins  v.  Excelsior 
Powder  Mfg.  Co. 
Farley  v. 

v.  Michigan    Sugar    Co.    (L.R.A.1916A, 
310,  184  Mich.  87,  150  N.  W.  325) 
Hopper,  Mitchell  v. 

v.  Oklahoma  County  (L.R.A.1915B,  875, 

•    —  Okla.  — ,  143  Pac.  4) 
Hoquiam,  La  Breck  v. 

Horine,    Ex    parte     (L.R.A.1915F,    548,    — 

Okla.  Grim.  Rep.  — ,  148  Pac.  825) 

Horton  v.  Birdsong   (L.R.A.1916B,  1048,  35 

Okla.  275,  129  Pac.  701) 
Seaboard  A.  L.  R.  Co.  v. 
Hoskins   v.   Dickerson    (L.R.A.1917D,    1056, 

239  Fed.  275) 
v.  Pell    (L.R.A.1917D,    1053,    239    Fed. 

279) 

Hospital  Asso.  v.  Trust  Co.    ( —  Md.  — ). 
See   Washington   County   Hospital 
Asso.   v.   Hagerstown   Trust   Com- 
pany. 
Hostetter  v.  Green    (L.R.A.1915C,  870,  159 

Ky.  611,  167  S.  W.  919) 
Hotchkiss  v.  District  of  Columbia    (L.R.A. 

1917C,  922,  44  App.  D.  C.  73) 
Holland  v. 
Wilson  v. 

Hotel  Co.  v.  Constr.  Co.  (—  Tenn.  — ).    See 
Chickasaw    Hotel    Co.    v.    Barker 
dnstr.  Co. 
v.  Enid    (—   Okla.    — .)      See    Billings 

Hotel  Co.  v.   Enid. 

v.  United  Fuel  Gas  Co.  (75  W.  Va.  200). 
See  Elk  Hotel  Co.  v.  United  Fuel 
Gas  Co. 

Hotel  Tutwiler  Co.,  Watkins  v. 
Hot  Springs,  McClendon  v. 
Hot  Springs  Land  &  Improv.  Co.,  Johnson 

v. 
Houghton  v.  Humphries  (L.R.A.1915E,  1051, 

—  Wash.  — ,  147  Pac.  641) 
State  ex  rel.  Lachtman  v. 

Houseman  v.  Home  Ins.  Co.  (L.R.A.1917A, 
299,  —  W.  Va.  — ,  88  S.  E.  1048) 

Houska  v.  Hrabe  (L.R.A.1915D,  1074,  — 
S.  D.  — ,  151  N.  W.  1021) 


Housknecht,  Re    (L.R.A.1915B,  396,  —  La. 

— ,  66  So.  233) 
Houston,  Sweeney  v. 
Howard,  Bennett  v. 

v.  Burke    (L.R.A.1916E,  524,  —  Iowa, 

— ,  157  N.  W.  744) 
v.  Harrington    (L.R.A.1917A,   211,   114 

Me.  443,  96  Atl.  769) 
Haskell  v. 

Mineral  Park  Land  Co.  v. 
v.  Nashville,  C.  &  St.  L.  R.  Co.  (L.R.A. 
1916B,  794,  —  Tenn.  — ,  179  S.  W. 
380) 
v.  Philadelphia   (L.R.A.1916B,  917,  250 

Pa.   184,  95  Atl.  388) 
v.  State    (L.R.A.1917D,    391,    —    Tex. 

Grim.  Rep.  — ,  192  S.  W.  770) 
Howard  &  Co.,  Durand  &  Co.  v. 
Howard  Coal  Co.  v.  Savage   (L.R.A.1917D, 

898,  —  Me.  — ,  100  Atl.  369) 
Howe  v.  Myers  (L.R.A.1917D,  349,  —  Wash. 

— ,  162  Pac.  1000) 
Wright  v. 
Howell  v.  Bee  Pub.  Co.   (L.R.A.1917A,  160, 

—  Neb.  — ,  158  N.  W.  358) 
Gulf  Coast  Transp.  Co.  v. 
v.  New  York,  N.  H.  &  H.  R.  Co.  (L.R.A. 
1917C,    1131,    221    Mass.    169,   108 
N.  E.  934) 

State  ex  rel.  Brown  v. 
Howland  v.  Morris   (L.R.A.1917B,  513,  141 

Ga.  687,  82  S.  E.  32) 
Howley  v.   Chaffee    (L.R.A.1915D,  1010,  — 

Vt.  — ,  93  Atl.  120) 
Howse,  State  ex  rel.  Timothy  v. 
Hoyt    v.    Clemans     (L.R.A.1915C,    166,    — 

Iowa,  — ,  149  N.  W.  442) 
Harris  v. 
v.  Pullman      (L.R.A.1916B,     1288,     — 

Okla.  — ,  152  Pac.  386) 
Hrabe,  Houska  v. 

H.  T.  &  C.  Co.  v.  Whitehouse  (L.R.A. 
1916D,  611,  —  Utah,  — ,  154  Pac. 
950) 

Hubble,  Nashville,  C.  &  St.  L.  R.  Co.  v. 
Hudson    v.    Glens    Falls    Ins.    Co.    (L.R.A. 
1917A,  482,  218  N.  Y.  133,  112  N. 
E.  728) 
Hoban  v. 

Hudson  Boxing  Club,  Moha  v. 
Hudson  Co.,  Elsey  v. 
Hudson  Valley  R.  Co.,  Buckley  v. 
Huetter  v.  Warehouse  &  Realty  Co.  (L.R.A. 
1915C,    671,    81    Wash.    331,    142 
Pac.  675) 

Huff  v.  Norfolk-Southern  R.  Co.  (L.R.A. 
1916E,  278,  —  N.  C.  — ,  88  S.  E. 
344) 

Huffaker,  Johnson  v. 

Hughes  v.  Atlantic  City  &  S.  R.  Co.  (L.R.A. 
IfUGA,    927,   85   N.   J.   L.   212,   89 
Atl.  769) 
v.  McEwen      (L.R.A.1917B,     1048,     — 

Miss.  — ,  72  So.  848) 
McKee  v. 

Oxweld  Acetylene  Co.  v. 
v.  Samuels      (L.R.A.1917F,     1088,     — 

Iowa.  — ,  159  N.  W.  589) 
v.  Winkelman   (L.R.A.1916A,  1007,  243 

Mo.  81,  147  S.  W.  994) 

Hughes  Produce  Co.  v.  Pulley  (L.R.A.1916D, 
728,  —  Utah,  — ,  155  Pac.  337) 


480 


TABLE  OF  CASES. 


Hulbert  v.  Hulbert   (L.R.A.1916D,  661,  216 

N.  Y.  430,  111  N.  E.  70) 
Hull,  Mott  v. 
Hulley  v.  Moosbrugger  (L.R.A.1916C,  1203, 

—  N.  J.  — ,  95  Atl.  1007) 
Humes   v.   Schaller    (L.R.A.1917B,   316,   — 

R.  I.  — ,  99  Atl.  55) 
Humphrey  v.  Lang    (L.R.A.1916B,  626,  — 

N.  C.  — ,  86  S.  E.  526) 
Humphreys,  Chicago,  R.  I.  &  P.  R.  Co.  v. 
v.  Raleigh    Coal    &    Coke    Co.    (L.R.A. 

1916C,  1270,  73  W.  Va.  495,  80  S. 

E.  803) 
Humphries,  Houghton  v. 

Ryan  v. 
Hunicke    v.   Meramec    Quarry   Co.    (L.R.A. 

1915C,  789,  —  Mo.  — ,  172  S.  W. 

43) 
Hunt  v.  Held    (L.R.A.1915D,  543,  —  Ohio 

St.  — ,  107  N.  E.  765) 
v.  Marianna  Electric  Co.  (L.R.A. 1915B, 

897,  —  Ark.  — ,  170  S.  W.  96) 
v.  St.    Louis   &   S.  F.    R.   Co.    (L.R.A. 

1916B,   981,   262   Mo.   271,   171   S. 

W.  64) 
v.  State  (L.R.A.1915B,  131,  —  Ark.  — , 

169  S.  W.  773) 
v.  Wicht  (L.R.A.1917C,  961,  —  Cal.  — , 

162  Pac.  639) 
Hunter    v.    Colfax    Consolidated    Coal    Co. 

(L.R.A.1917D,  15,  —  Iowa,  — ,  154 

N.  W.  1037) 
v.  Patterson     (L.R.A.1915D,    987,    162 

Ky.  778.  173  S.  W.  120) 
v.  State    (L.R.A.1915A,    564,   —   Okla. 

Crim.  Rep.  — ,  134  Pac.  1134) 
State  v. 

Huntington,  Keene  v. 
Hupp  v.  Union  Pacific  R.  Co.  (L.R.A.1916E, 

247,  99  Neb.  654,  157  N.  W.  343) 
Hurle,  Re  (L.R.A.1916A,  279,  217  Mass.  223, 

104  N.  E.  336) 
Hurless    v.    Wiley    (L.R.A.1915C,    177,    91 

Kan.  347,  137  Pac.  981) 
Hurley-Mason   Co.   v.   Stebbins,  Walker  & 

Spinning    (L.R.A.1915B,    1131,    79 

Wash.  366,  140  Pac.  381) 
Hurst,  Zebold  v. 
Hurst   Home   Ins.   Co.   v.   Deatley    (L.R.A. 

1917E,   750,   175   Ky.    728,   194   S. 

W.  910) 
Hurt   v.    Schneider    (L.R.A.1916F,    204,    — 

Colo.  — ,  156  Pac.  600) 
Husband  v.  Cotton  (L.R.A.1917A,  1150,  171 

Ky.  177,  188  S.  W.  380) 
Huster   v.    Newkirk   Creamery    &    Ice    Co. 

(L.R.A.1915A,  390,  —  Okla.  — ,  141 

Pac.  790) 
Hutchins  v.  Wolfe   (L.R.A.1917F,  500,  127 

Minn.  337,  149  N.  W.  543) 
Hutchinson  Ice  Cream  Co.,  State  v. 
Hutto  v.  Southern  R.  Co.  (L.R.A.1915D, 

962,  —  S.  C.  — ,  84  S.  E.  719) 
Hutton  v.  Sherrard  (L.R.A.1915E,  976,  183 

Mich.  356,  150  N.  W.  135) 
v.  States  Acci.  Ins.  Co.    (L.R.A.1915E, 

127,  267  111.  267,  108  N.  E.  296) 
v.  Watters     (L.R.A.1916B,     1238,     132 

Tenn.  527,  179  S.  W.  134) 
Hyams  v.  Old  Dominion  Co.   (L.R.A.1915D, 

1128,  —  Me.  — .  '13  Atl.  747) 
Hydraulic  Press  Brick  Co.,  McGinnis  v. 


Hydrick  v.   St.  Louis,  I.  M.   &  S.  R.   Co. 

(L.R.A.1916B,  742,  —  Ark.  — ,  177 

S.  W.  5) 
Hyers,  Arrigo  v. 
Hyland  v.  Oregon  Hassam  Pav.  Co.  (L.R.A. 

1915C,    823,    —   Or.   — ,    144    Pac. 

1160) 
Hyman  v.  Parkerson  (L.R.A.1917B,  694,  — 

La.  — ,  72  So.  953) 


Ibs,  Hartford  L.  Ins.  Co.  v. 

Ice,  State  ex  rel.  Aultman  v. 

Ice  &  Coal  Co.  v.  Ruston  (135  La.  898).    See 

Union  Ice  &  Coal  Co.  v.  Ruston. 
Idaho   Railway,  Light   &   Power  Co.,  Jen- 
nings v. 
Ihrig    v.    Bussell     (L.R.A.1917A,    1188,    68 

Wash.  70,  122  Pac.  608) 
Ihrke  v.  Continental  L.  Ins.  &  Invest.  Co. 
(L.R.A.1916F,    430,   —    Wash.    — , 
157  Pac.  866)       . 
Illinois  C.  R.  Co.,  Com.  v. 

v.  Hawkins  (L.R.A.1917D,  977,  —  Miss. 

— ,  74  So.  775) 
Hobbs  v. 
Law  v. 
May  v. 

Mississippi  R.  Co.  v. 
v.  Rogers  (L.R.A.1915C,  1220,  162  Ky. 

535,  172  S.  W.  948) 
v.  Sanderson     (L.R.A.1917D,    890,    175 

Ky.  11,  192  S.  W.  869) 
Shellabarger  Elevator  Co.  v. 
Smith  v. 
Staley  v. 

Illinois  L.  Ins.  Co.,  Filley  v. 
Illinois  Steel  Co.,  Lesh  v. 
Illinois  Surety  Co.,  Droppleman  v. 
Imler  v.  Northern  P.  R.  Co.  (L.R.A.1916D, 

702,  —  Wash.  — ,  154  Pac.  1086) 
Imperator-Quilp  Co.,  Golden  Eagle  Min.  Co. 

v. 

Implement  Co.  v.  Keyser  ( —  Kan.  — ).    See 

Big  Four  Implement  Co.  v.  Keyser. 

v.  Moulden    (142   C.   C.   A.   517).     See 

Parlin     &    0.    Implement    Co.    v. 

Moulden. 

v.  Wadden    (—  S.  D.  — ).     See  Clark 

Implement  Co.  v.  Wadden. 
Improved  B.  &  P.  0.  of  E.  of  W.,  Benevo- 
lent &  P.  0.  of  E.  v. 

Improvement  Co.  v.  Hampton  ( —  N.  H.  — ). 
See  Hampton  Beach  Improv.  Co.  v. 
Hampton. 

Independence,  Balcom  v. 
Independence  Gas  Co.,  State  v. 
Independent  Pub.  Co.,  Re  (L.R.A.1917E,  703, 

240  Fed.  849) 
Independent  Transp.  Co.,  Canton  Ins.  Office 

v. 

Indiana  &  M.  Electric  Co.,  Taylor  v. 
Industrial  Acci.  Commission,  Fidelity  &  De- 
posit Co.  v. 
Kimbol  v. 

Ocean  Accident  &  G.  Co.  v. 
Southern  P.  Co.  v. 
Industrial   Board,   Chicago,   R.  I.   &  P.  R. 

Co.  v. 
Industrial  Board  of  Illinois,  Uphoff  v. 


TABLE  OF  CASES. 


481 


Industrial    Commission    v.    Brown    (L.R.A. 

1916B,   1277,  —  Ohio  St.  — ,   110 

N.  E.  744) 
Casper  Cone  Co.  v. 
Hall  v. 
Hoenig  v. 
Kill  v. 

Mellen  Lumber  Co.  v. 
Nekoosa-Edwards  Paper  Co.  v. 
v.  New  York  State  Railways   (218  N. 

Y.    318).       See    State    Industrial 

Commission    v.    New    York    State 

Railways. 

Northwestern  Iron  Co.  v. 
State  ex  rel.  Munding  v. 
Industrial  Ins.  Com.,  Zappala  v. 
Industrial   Sav.    &   Loan    Co.   v.   Plummer 

(L.R.A.1915C,  613,  —  N.  J.  — ,  92 

Atl.  583) 
Ingraham   v.    Chandler    (L.R.A.1917D,   713, 

—  Iowa,  — ,  161  N.  W.  434) 
Ingram-Day  Lumber  Co.,  Shaw  v. 
Inland  Empire  Paper  Co.,  Penson  v. 
Inland  Lines,  Sharrow  v. 
Innes,  Re  (L.R.A.1916C,  1251,  —  Tex.  Grim. 

Rep.  — ,  173  S.  W.  291) 
Institute  v.  Myers  (92  Ohio  St.  252),     See 

Benjamin  Rose  Institute  v.  Myers. 
Insurance   Co.   v.   Alexander    ( —  Ky.   — ). 

See  National  Union  F.  Ins.  Co.  v. 

Crutchfield. 
v.  Bank    ( —   Okla.   — ).      See    Mutual 

Ben.    L.    Ins.    Co.    v.    Chattanooga 

Sav.  Bank, 
v.  Banks    ( —  Ark.   — ).      See   Phrenix 

Ins.  Co.  v.  Banks. 
v.  Beacham    (128   Md.    414).      See    St. 

Paul  F.  &  M.  Ins.  Co.  v.  Beacham. 
v.  Board,   Armstrong  &   Co.    (115   Va. 

836).     See  Mutual  L.  Ins.  Co.  v. 

Board,  Armstrong  &  Co. 
v.  Board  of  Assessors  (221  U.  S.  346). 

See  Liverpool  &  L.  &  G.  Ins.  Co. 

v.  Board  of  Assessors. 
v.  Boyce  ( —  Miss.  — ).    See  Mechanics 

&  Traders'  Ins.  Co.  v.  Boyce. 
v.  Bridges   (172  Ky.  161).     See  Home 

Ins.  Co.  v.  Bridges. 
v.  Burns     ( —    Ark.    — ).      See    Great 

Southern  F.  Ins.  Co.  v.  Burns. 
v.  Crutchfield    (—  Ky.   — ).     See   Na- 
tional Union  F.  Ins.  Co.  v.  Crutch- 
field. 
v.  Deatley   (175  Ky.  728).     See  Hurst 

Home  Ins.  Co.  v.  Deatley. 
v.  Dennison  ( —  Ohio  St.  — ).    See  Na- 
tional Fire  Ins.  Co.  v.  Dennison. 
v.  Dibrell    (137   Tenn.   528).     See  Mu- 
tual L.  Ins.  Co.  v.  Dibrell. 
v.  Drug  Co.    ( —  Fla.  — ).     See  Queen 

Ins.  Co.  v.  Patterson  Drug  Co. 
v.  Eades  (152  Ky.  577).     See  Security 

L.  Ins.  Co.  v.  Eades. 
v.  Easter  ( —  Ala.  — ).     See  Georgia  L. 

Ins.  Co.  v.  Easter. 
v.  Gas  &  C.  Co.   (229  Fed.  552).     See 

^Etna  L.  Ins.  Co.  v.  Portland  Gas 

&  C.  Co. 
v.  Green  (—  Okla.  — ).    See  State  Mut. 

Ins.  Co.  v.  Green. 
V.  Hale    (—   Okla.   ^— ).      See   National 

Life  Ins.  Co.  v.  Hale. 

L.R.A.  Tri.  Index  1915-17.— 31. 


Insurance  Co.  v.  Hays  ( —  Okla.  — ).  See 
Springfield  Fire  &  M.  Ins.  Co.  v. 
Hays. 

v.  Heidelberg  (—Miss.  — ).  See  ^tna 
Ins.  Co.  v.  Heidelberg. 

v.  Hiter  (164  Ky.  743).  See  Federal 
Ins.  Co.  v.  Hiter. 

v.  Ibs  (237  U.  S.  662).  See  Hartford 
L.  Ins.  Co.  v.  Ibs. 

v.  Insurance  Co.  ( —  Neb.  — ).  See 
jSStna  L.  Ins.  Co.  v.  National 
Union  F.  Ins.  Co. 

v.  Larey  (125  Ark.  93).  See  Firemen's 
Ins.  Co.  v.  Larey. 

v.  Lawrence  (221  Fed.  931).  See  Prus- 
sian Nat.  Ins.  Co.  v.  Lawrence. 

v.  Leedy  ( —  Okla.  — ).  See  Kansas 
City  Life  Ins.  Co.  v.  Leedy. 

v.  Lewis  (233  U.  S.  389).  See  German 
Alliance  Ins.  Co.  v.  Lewis. 

v.  Little  (119  Ark.  498).  See  Security 
Mut.  L.  Ins.  Co.  v.  Little. 

v.  Louisville  (149  Ky.  516).  See  Inter- 
Southern  L.  Ins.  Co.  v.  Louisville. 

v.  Mercantile  Co.  (—  Okla.  — ).  See 
Oklahoma  F.  Ins.  Co.  v.  Fay  Mer- 
cantile Co. 

v.  Milam  (172  Ky.  75).  See  Meridian 
Life  Ins.  Co.  v.  Milam. 

v.  Muskogee  County  ( —  Okla.  — ).  See 
Western  C.  &  G.  Ins.  Co.  v.  Musko- 
gee County. 

v.  Nelson  (170  Ky.  674).  See  Metro- 
politan L.  Ins.  Co.  v.  Nelson. 

v.  Norton  (—  Okla.  — ).  See  Oklaho- 
ma Nat.  L.  Ins.  Co.  v.  Norton. 

v.  Otis  (122  Ark.  219).  See  American 
Nat.  Ins.  Co.  v.  Otis. 

v.  Ramsey  ( —  Or.  — ).  See  Milwaukee 
Mechanics'  Ins.  Co.  v.  Ramsey. 

v.  Rogers  (—  Okla.  — ).  See  Reliable 
Mut.  Hail  Ins.  Co.  v.  Rogers. 

v.  School  District  No.  55  (—  Ark.  — ). 
See  National  Union  F.  Ins.  Co.  v. 
School  District  No.  55. 

v.  Stephens  (214  N.  Y.  488).  See  Mu- 
tual Life  Ins.  Co.  v.  Stephens. 

v.  Tagus  State  Bank  (34  N.  D.  566). 
See  Minnesota  Mut.  L.  Ins.  Co.  v. 
Tagus  State  Bank. 

v.  Trust  Co.  (217  Mass.  370).  See 
Quincy  Mut.  F.  Ins.  Co.  v.  Interna- 
tional Trust  Co. 

v.  Union  Trust  Co.  (—  R.  I.  — ).  See 
Home  Ins.  Co.  v.  Union  Trust  Co. 

v,  Vann  (69  Fla.  549).  See  Southern 
States  F.  Ins.  Co.  v.  Vann. 

v.  Webster  (172  Ky.  444).     See  West- 
ern &  S.  Life  Ins.  Co.  v.  Webster. 
Insurance  Co.   of  North  America,  People's 
Bank  v. 

Rosenthal  v. 

Insurance  Corp.  v.  Hooton  ( —  Okla.  — ). 
See  Trustees,  Executors  &  Securi- 
ties Ins.  Corp.  v.  Hooton. 
Insurance  Office  v.  Transp.  Co.  ( —  C.  C.  A. 
— ).  See  Canton  Ins.  Office  v.  In- 
dependent Transp.  Co. 

Insurance  Soc.  v.  Smith  (158  Ky.  459).    See 
Farmers'  Mut.  Equity  Ins.  Soc.  v. 
Smith. 
International  L.  Ins.  Co.,  Silliman  v. 


-1S2 


TABLE  OF  CASES. 


International  School  Dist.  No.  5,  Anderson  v. 

International  Trust  Co.,  Quincy  Mut.  F.  Ins. 
Co.  v. 

Inter-Southern  L.  Ins.  Co.  v.  Louisville 
(L.11.A.1917A,  460,  149  Ky.  516, 
149  S.  W.  875). 

Interstate  Business  Men's  Acci.  Asso.  v.  At- 
kinson (L.R.A.1915E,  656,  165  Ky. 

:»;;^,  177  S.  AY.  254) 

Ballagh  v. 
Dustin  v. 
Interstate   Casualty   Co.   v.  Wallins   Creek 

Coal    Co.    (L.R.A.1915F,    958,    164 

Ky.  778,  176  S.  W.  217) 
Interstate  Chemical  Corp.,  Edwards  v. 
Interstate  Motor  Car  Co.,  Gile  v. 
Interstate  Trading  Co.,  Holden  Land  &  Live 

Stock  Co.  v. 
Interstate  Transfer  R.  Co.,  Carnegie  Fuel 

Co.  v. 
Investment  Co.  v.  Citizens'  State  Bank  (98 

Kan.  412).     See  Arnold  Invest.  Co. 

v.  Citizens'  State  Bank. 
V.  Iron  Co.  ( —  Minn.  — ).     See  Mineral 

Land  Invest.  Co.  v.  Bishop  Iron  Co. 
Ireland  v.  Floyd  (L.R.A.1915C,  661,  42  Okla. 

609,   142  Pac.  401). 
Ireton  v.  Atchison,  T.  &  S.  F.  R.  Co.  (L.R.A. 

]<)17F,  1120,  96  Kan.  480,  152  Pac. 
.    625) 
Iron  &  Steel  Co.  v.  Self  (—  Ala.  — ).     See 

Republic  Iron  &  Steel  Co.  v.  Self. 
Iron    City    Automobile    Co.    v.    Pittsburgh 

(L.R.A.]917C,  420,  253  Pa.  478,  98 

All.  679) 
Iron  Co.  v.  Industrial  Com.   (154  Wis.  97). 

See   Northwestern  Iron   Co.  v.  In- 
dustrial Com. 
Iron  Store  Co.  v.  Branum   (36  X.  D.  355). 

See  Minneapolis  Iron  Store  Co.  v. 

Branum. 
Iron  Works  v.  Rathskeller  Co.    (—  Wash. 

— ).      See    United    Iron   Works    v. 

Rathskeller  Co. 
Irrigation  &  Land  Co.  v.  Ditch,  Reservoir  & 

Irrigation  Co.  (21  Wyo.  204).    See 

G  rover  Irrig.  &  Land  Co.  v.  Lovel- 

la  Ditch,  R.  &  I.  Co. 
Irrigation  &  Water  Power  Co.  v.  Burtless 

( —  Neb.  — ).     See  McCook   Irrig. 

&  Water  Power  Co.  v.  Burtless. 
Irrigation   Co.  v.   Cadwell    (—  N.  M.  — ). 

See  Riverside  Irrigation  Co.  v.  Cad- 
well. 
Irvine   v.    Oelwein    (L.R.A.1916E,   990,   170 

Iowa,  653,  150.  N.  W.  674) 
Irwin,  Dow  v. 

v.  Rogers   ( —  Wash.  — ).     See  Krien- 

buhl,  Re. 
Isaacs  v.  Isaacs   (L.R.A.1916B,  648,  —  Va. 

— ,  86  S.  E.  105). 
Ise  v.  Atchison,  T.  &  S.  F.  R.  Co.    See  State 

ex  rel.  Ise  v.  Atchison,  T.  &  S.  F. 

R.  Co. 

J. 

Jackson    v.    Hodges    (L.R.A.1917F,   732,  — 

La.  — ,  76  So.  174) 
v.  Myers  (L.R.A.1917F,  821,  —  Pa.  — , 

101  All.  341) 
St.  Louis,  I.  M.  &  S.  R.  Co.  v. 


Jackson   v.    State    (L.R.A.1915D,    492,    213 

N.  Y.  34,  106  N.  E.  758) 
Woodmen  of  the  World  v. 
Jackson-Church  Co.,  Schroatke  v. 
Jackson  Co.,  Bowditch  v. 
Jackson  County  Oil  &  G.  Co.,  Clements  v. 
Jacksonville  v.  Bowden    (L.R.A.1916D,  913, 

67  Fla.  181,  64  So.  769) 
v.  Chicago  &  A.  R.  Co.    (L.R.A.1916E, 

922,  —  111.  — ,  113  N.  E.  91) 
Jacob!  v.  Builders'  Realty  Co.  (L.R.A.1917E, 

696,  —  Cal.  — ,  164  Pac.  394) 
Jacobs  v.  Atchison,  T.  &  S.  F.  R.  Co.  (L.R.A. 
1916D,  783,  97  Kan.  247,  154  Pac. 
1023) 

v.  Cornils.    See  Cornils,  Re. 
v.  Jacobs   (L.E.A.1917D,  971,  —  Minn. 

— ,  161  N.  W.  525) 
v.  Jacobs  (L.R.A.1917F,  253,  —  La.  — , 

74  So.  992) 

v.  Koehler  Sporting  Goods  Co.   (L.R.A. 
1917F,  7,  208  X.  Y.  416,  102  X.  E. 
519) 
v.  Seattle  (L.R.A.1917B,  329,  —  Wash. 

— ,  160  Pac.  299) 
Jacobson,  Bystrom  Bros.  v. 

v.  Chicago,  M.  &  St.  P.  R.  Co.  (L.R.A. 
1916D,  144,  —  Minn.  — ,  156  X.  W. 
251) 

v.  Mohall    Teleph.    Co.     (L.R.A.1916F, 
532,  —  N.  D.  — ,  157  N.  W.  1033) 
State  v. 
Jacquith,  Diamond  v. 

v.  Mason    (L.R.A.1917F,    817,    99    Xeb. 

509,  156  N.  W.  1041) 
Jakel,  Seeck  v. 

James  v.  Atlantic  C.  L.  R.  Co.  (L.R.A.1915B, 

163,  166  X.  C.  572,  82  S.  E.  1026) 

Jameson    v.    Board    of    Education    (L.R.A. 

191 6F,  926,  —  W.  Va.  — ,  89  S.  E. 

255) 

Farmers'  Savings  Bank  v. 
Janesville,  Joice  v. 
Janeway,  Davis  v. 
Jankelson,  Junkermann  v. 
Jarrell  v.  Cole  (L.R.A.1916E,  298,  131  C.  C. 

A.  589,  215  Fed.  315) 
v.  Laurel    Coal    &    Land    Co.     (L.R.A. 
1916E,  312,  75  W.  Va.  752,  84   S. 
E.  933) 
Jarvis  v.  Daggett.    See  State  ex  rel.  Jarvis 

v.  Daggett. 

Jendrus    v.    Detroit    Steel    Products     Co. 
(L.R.A.1916A.  381,  178  Mich.  265, 
144  N.  W.  563) 
Jenkins,  Grainger  v. 
Jennings,  Federal  Chemical  Co.  v. 

v.  Idaho  Railway,  Light  &  Power  Co. 
(L.R.A.1915D,   115,  26  Idaho,   703, 
146  Pac.  101) 
Jensen,  Jeppsen  v. 

v.  Southern  P.  Co.    (L.R.A.1916A,  403, 

215  X.  Y.  514,  109  X.  E.  600) 
State  v. 
Jeppsen    v.    Jensen    (L.R.A.1916D,    614,   — 

Utah.  — ,  155  Pac.  429) 
Jerome  v.  Shaw    (L.R.A.1917B,  749,  —  X. 

C.  — ,  90  S.  E.  764) 
Jersey  City,  Watson  v. 
Jersey  City  Water  Supply  Co.,  Auger  &  S. 

Silk  Dyeing  Co.  v. 
Jester,  Denver  Dry  Goods  Co.  v. 


TABLE  OF  CASES. 


483 


Jester,  Tippecanoe  Loan  &  Trust  Co.  v. 

Jewell,  Valin  v. 

Jinkiaway  v.    Ford    (L.R.A.1915E,   343,   93 

Kan.  797,  145  Pac.  885) 
Jinnings  v.  Amend    (L.R.A.1917F,  626,  101 

Kan.  130,  165  Pac.  845) 
Johnk  v.  Union  P.  R.  Co.  (L.R.A.1916F,  403, 

99  Neb.  763,  157  N.  W.  918) 
Johns  v.   Montgomery    (L.R.A.1916B,  1073, 

265  111.  21,  106  X.  E.  497) 
Johnson  v.  Bankers'  Mut.  Casualty  Ins.  Co. 

(L.R.A.1915D,  1199,  129  Minn.  18, 

151  N.  W.  413) 
v.  Beattie    (L.R.A.1915D,  1163,  —  Vt. 

— ,  93  Atl.  250) 
v.  Board    of   Education    (L.R.A.1915A, 

828,  —  N.  C.  — ,  82  S.  E.  832) 
v.  Breeding      (L.R.A.1917C,     266,     136 

Tenn.  528,  190  S.  W.  545) 
Cadillac  Motor  Car  Co.  v. 
v.  Chicago,  R.  I.  &  P.  R.  Co.    (L.R.A. 

1916F,  945,  157  Iowa,  738,  141  N. 

W.  430) 

Commonwealth  v. 
Cooper  Rubber  Co.  v. 
Dickinson  v. 
Fargo  v. 
v.  Fidelity    &    Casualty    Co.     (L.R.A. 

1916A,  475,  184  Mich.  406,  151  N. 

W.  593) 

First  Nat.  Bank  v. 
Harris  v. 
v.  Hot    Springs    Land    &    Improv.    Co. 

(L.R.A.1915F.   689,  —  Or.  — ,   148 

Pac'.  1137) 
v.  Huffaker  (L.R.A.1917D,  872,  99  Kan. 

466,  162  Pac.  1150) 
Lewis  v. 

Louisville  &  N.  R.  Co.  v. 
v.  Martin  (L.R.A.1916C,  1057,  83  Wash. 

364,  145  Pac.  429) 
Moreau  Lumber  Co.  v. 
v.  National  Bank  of  Commerce  (L.R.A. 

1916B,  4,  65  Wash.  261,  118  Pac. 

21) 

New  Amsterdam  Casualty  Co.  v. 
v.  New  York  L.  Ins.  Co.  (L.R.A.1916A, 

868,  56  Colo.  178,  138  Pac.  414) 
v.  Norris   (L.R.A.1915B,  884,  111  C.  C. 

A.  291,  190  Fed.  459) 
v.  Olson    (L.R.A.1915E,    327,    92    Kan. 

819,  142  Pac.  256) 
Rohan  v. 
Smith  v. 
v.  Starret  (L.R.A.1915B,  708,  127  Minn. 

138,  149  N.  W.  6) 
v.  United  States  (L.R.A.1915A,  862,  — 

C.  C.  A.  — .  215  Fed.  679) 
v.  V.   D.   Reduction   Co.    (L.R.A.1917E, 

1007,  —  Cal.  — ,  164  Pac.  1119) 
Wells  Fargo  &  Co.  v. 
Williams  v. 

Johnson  City,  Piercy  v. 
Johnson  City  Lumber  &  M.  Co.,  Wallin  v. 
Johnson  Realty  Co.,  Welch  Pub.  Co.  v. 
Johnston  v.  Great  Northern  R.  Co.   (L.R.A. 

1917B,  1140,  128  Minn.  365,  151  X. 

W.  125) 

Johnston  County,  Chivers  v. 
Jonah,  Marvel  v. 


Jones  v.  California  Development  Co.  (L.R.A. 

1917C,   1021,  —  Cal.  — ,  160  Pac. 

823) 
v.  Co-operative      Asso.-      (L.R.A.1915E, 

745,  109  Me.  448,  84  Atl.  985) 
v.  Dodge    (L.R.A.1915A,    472,   97    Ark. 

248,  133  S.  W.  828) 
Fearnow  v. 
v.  Jones    (L.R.A.1917E,    921,  —   Okla. 

— ,  164  Pac.  463) 
Klutts  v. 
Malone  v. 
v.  Mississippi       Levee       (L.R.A.1916F, 

1194,  108  Miss.  149,  66  So.  413) 
v.  Nye  (L.R.A.1916E,  735,  —  O&a.  — , 

156  Pac.  332) 
v.  Patterson  (L.R.A.1917F,  660,  —  Mo. 

— ,  195  S.  W.  1004) 
Smith  v. 
v.  State   (L.R.A.1915B,  71,  64  Fla.  92, 

59  So.  892) 
v.  State  (L.R.A.1915C,  648,  —  Miss.  — , 

66  So.  987) 

v.  Travis.    See  George  v.  Travis, 
v.  Van   Bever    (L.R.A.1915E,    172,   164 

Ky.  80,  174  S.  W.  795) 
v.  Virginian  R.  Co.    (L.R.A.1915C,  428, 

—  W.  Va.  — ,  83  S.  E.  54) 
Jordan  v.   Beecher    (L.R.A.1915D,   1122,  — 

Ga.  — ,  84  S.  E.  549) 
v.  Jordan    (L.R.A.1917D,   563,   274   111. 

251,  113  X.  E.  631) 
Savannah  v. 
Spinks  v. 
Jorgenson  v.   Crane    (L.R.A.1915F,  983,  — 

Wash.  — ,  150  Pac.  419) 
Journal  Co.  v.  Workmen's  Compensation  Bd. 

(161     Ky.     562).       See    Kentucky 

State    Journal    Co.    v.    Workmen's 

Compensation  Bd. 

Journeymen  Bricklayers'  Union  No.  3,  Pow- 
ers v. 
Joyce  v.   Janesville    (L.R.A.1916D,   426,  — 

Minn.  — ,  155  X.  W.  1067) 
Luthey  v. 
Joy  Co.,  Phillips  v. 
Judge  v.  Wallen  (L.R.A.1915E,  436,  —  Xeb. 

— ,  152  X.'W.  318) 
Julius,  Re  (L.R.A.1915C,  89.  —  C.  C.  A.  — . 

217  Fed.  3) 
Junkermann  v.  Jankelson  (L.R.A.1915F,  700, 

213  N.  Y.  404,  108  X.  E.  190) 
Justin  v.  First  Nat.  Bank   (229  Fed.  489). 

See  Progressive  Wall  Paper  Corp., 

Re. 


K.  &  C.  Mfg.  Co.,  Boody  v. 
Kane,  Baltimore  v. 

Baltimore  &  0.  R.  Co.  v. 

Dixon  Livery  Co.  v. 

People  v. 

v.  State  (L.R.A.1917B,  553,  81  N.  J.  L. 

594,  80  Atl.  453) 
Kansas  City,  Butler  v. 
Marshall  v. 
v.  Pengilley   ( L.R.A. 1917B,  551,  —  Mo. 

— ,  189  S.  W.  380) 

v.  Seaman   (L.R.A.1917B,  341,  —  Kan. 
— ,  160  Pac.  1139) 


484 


TABLE  OF  CASES. 


Kansas  City  L.  Ins.  Co.  v.  Leedy   (L.R.A. 

1917C,  917,  —  Okla.  — ,  162  Pac. 

760) 
Kansas    City,    M.    &    0.    R.   Co.   v.    Fugatt 

(L.R.A.1916A,    545,    —    Okla.    — , 

150  Pac.  669) 

Kansas  City  Terra  Cotta  Co.,  Hall  v. 
Kansas  City  W.  R.  Co.,  McAdow  v. 
Kansas  Flour  Mills  Co.  v.  Brandt   (L.R.A. 

1917A,  1000,  98  Kan.  587,  158  Pac. 

1120) 
Kansas   Postal   Teleg.-Cable   Co.,   Shawnee 

Milling  Co.  v. 
Karns  v.  Atchison,  T.  &  S.  F.  R.  Co.  (L.R.A. 

1916D,  1042,  87  Kan.  154,  123  Pac. 
*     758) 
Karras  v.  Chicago  &  N.  W.  R.  Co.  (L.R.A. 

1917E,  677,  165  Wis.  578,  162  N. 

W.  923) 
Karri,  State  v. 
Karvonen,  Com.  v. 
Kasper,  Patterson  v. 
Kaufman  v.  Clark  (L.R.A.1917E,  756,  —  La. 

— ,  75  So.  65) 
Swank  v. 
Kaw  Boiler  Works  v.  Schull   (L.R.A.1916E, 

628,  230  Fed.  587) 

Keahey,  United  States  Bond  &  Mortg.  Co.  v. 
Keary,  McEwen  v. 
Keaton,  Miller  v. 
Keator  v.  Clearview  Coal  Co.     See  Com.  ex 

rel.  Keator  v.  Clearview  Coal  Co. 
Keech,  Spring  Coal  Co.  v. 
Keegan  v.   Heileman   Brewing   Co.    (L.R.A. 

1916F,  1149,  129  Minn.  496,  152  N. 

W.  877) 
Keel  v.  Southern  R.  Co.    See  Woodward  v. 

Southern  R.  Co.     . 
Keeler,  State  v. 
Keeley  v.   Great   Northern  R.   Co.    (L.R.A. 

1915C,  986,   156  Wis.   181,  145  N. 

W.  664) 
Keelin    v.    Graves     (L.R.A.1915A,    421,    — 

Tenn.  — ,  165  S.  W.  232) 
Keen,  Kentland  Coal  &  Coke  Co.  v. 

v.  Mitchell  (L.R.A.1916F,  704,  —  S.  D. 

— ,  157  N.  W.  1049) 
Keene-v.  Huntington  (L.R.A.1917F,  475,  — 

W.  Va.  — ,  92  S.  E.  119) 
Keep,  Duncan  v. 
Keet,  State  v. 
Keisel    v.    Baldock    (L.R.A.1916D,    632,    — 

Okla.  — ,  154  Pac.  1194) 
Keiser,  Lusky  v. 
Keith  v.  First  Nat.  Bank  (L.R.A.1917E,  901, 

36  N.  D.  315,  162  N.  W.  691) 
v.  Kennard  (L.R.A.1916D,  3,  222  Mass. 

398,  110  N:  E.  1030) 
v.  Modern      Woodmen      of      America 

(L.R.A.1915B,  793,  —  Iowa,  — ,  149 

N.  W.  225) 
Kelleher  v.  Newburyport  (L.R.A.1917F,  710, 

—  Mass.  — ,  116  N.  E.  806) 
Keller,  Cutler  v. 

v.  Souther    (L.R.A.1916B,   1218,   26   N. 

D.  358,  144  N.  W.  671) 
Kelley,  Cheatham  v. 

v.  Haylock-  (L.R.A.1916E,  626,  —  Wis. 

— ,  157  ST.  W.  1094) 
Kelliher  v.  New  York  C.  &  H.  R.  R.  Co. 

(L.R.A.1915E,  H78,  212  X.  Y.  207, 

105  N.  E.  824) 


Kelly,  Bailey  v. 
Chase  &  Co.  v. 
Chesapeake  &  0.  R.  Co.  v. 
v.  Kennedy  ( —  Minn.  — ).     See  Myler, 

Re. 
Kelly  Asphalt  Block  Co.  v.  Barber  Asphalt 

Pav.  Co.  (L.R.A.1915C,  256,  211  X. 

Y.  68,  105  N.  E.  88) 
Kempf  v.  Spokane  &  I.  E.  R.  Co.   (L.R.A. 

1915C,  405,  —  Wash.  — ,  144  Pac. 

77) 
Kendall,  Rammage  v. 

St.  Louis  S.  W.  R.  Co.  v. 
Kenmare  School  Dist,  No.  28  v.  Cole  ( L.R.A. 

1917D,  516,  36  N.  D.  32,  161  X.  W. 

542) 

Kennard,  Keith  v. 

Kenneally  v.  People.    See  Aalholm  v.  People. 
Kennedy  v.  Broderick  (L.R.A.1915B,  472,  - 

C.  C.  A.  — ,  216  Fed.  137) 
Kelly  v. 
v.  Poole   (L.R.A.1917A,  600,  213 

495,  100  X.  E.  635) 
State  v. 
v.  State    (L.R.A.1916B,    1052,   --   Ark. 

->-,  173  S.  W.  842) 
v.  Young    (L.R.A.1915D,    935,    136    La. 

674,  67  So.  547) 
Kennerson  v.  Thames  Towboat  Co.  (L.K.A. 

1916A,  436,  89  Conn.  367,  94  &\. 

372) 

Kenney,  Carol  v. 
Kenny,  Loyal  Order  of  Moose  v. 
Kentland  Coal  &  Coke  Co.  v.  Keen  (L.R.A. 

1916D,  924,  168  Ky.  836,  183  S.  W. 

247) 
Kentucky,  Adams  Exp.  Co.  v. 

Provident  Sav.  L.  Assur.  Soc.  v. 
Kentucky  &  Indiana  Terminal  R.  Co.,  Coon 

v. 

Kentucky  Heating  Co.,  McWilliams  v. 
Kentucky  Highlands  R.  Co.  v.  Creal  (L.R.A. 

1916B,  830,  —  Ky.  — ,  179   S.  W. 

417) 
Kentucky  State  Journal  Co.  v.  Workmen's 

Compensation     Bd.     (L.R.A.l'.ntJA, 

389.  161  Ky.  562,  170  S.  W.  1166) 
Kentucky  Title  Sav!  Bank  &  T.  Co.,  Hamil- 
ton v. 
Kentucky  Traction  &  T.  Co.  v.  Bain  (L.R.A. 

1917D,  813,  174  Ky.  679,  192  S.  W. 

656) 
Kerby  v.  Charlestown  (L.R.A.1917D,  785,  — 

X.  H.  — ,  99  Atl.  835) 
v.  State.    See  Kerby  v.  Charlestown. 
Kern  v.  Emerson.     See  State  ex  rel.  Kern 

v.  Emerson. 
Kerwin  v.  Chippewa  Shoe  Mfg.  Co.  (L.R.A. 

1916E,  1188,  163  Wis.  428,  157  X. 

W.  1101) 
Kessler,   Re    (L.R.A.1915D,   322,   26   Idaho, 

764.  146  Pac.  113) 
Ketler   v.    Murrey    (L.R.A.1916D,    1009,   — 

Wash.  — ,  154  Pac.  1084) 
Key  v.   State    (L.R.A.1916E.   492,   71   Tex. 

Crim.  Rep.  642.  161  S.  W.  121) 
Keyser,  Big  Four  Implement  Co.  v. 

v.  Boise    (L.R.A.1917F,  1004,  —  Idaho, 

— .  165  Pac.  1121) 
Keystone  Coal  &  C.  Co.,  Swope  v. 
Keystone  Drilling  Co.,  Moore  v. 
Kibbey,  State  v. 


TABLE  OF  CASES. 


485 


Kiefner,  Anthony  v. 

Kilday  v.  Schancupp  (L.R.A.1917A,  151,  — 

Conn.  ^,  98  Atl.  335) 
Kiler  v.  Wohletz  (L.R.A.1915B,  11,  79  Kan. 

716,  101  Pac.  474) 
Kilgore   v.   Gannon    (L.R.A.1917E,   530,   — 

Jnd.  — ,  114  N.  E.  446) 
Kill  v.   Industrial  Com.    (L.R.A.1916A,   14, 

160  Wis.  549,  152  N.  W.  148) 
Killefer,  Weeghman  v. 
Kimball  v.  Hall  (L.R.A.1916E,  632,  87  Conn. 

563,  89  Atl.  166) 
Kimball    Co.    v.   Shawnee    County    (L.R.A. 

1917B,  1282,  —  Kan.  — ,  161  Pac. 

644) 
Kimberlite  D.  M.  &  W.  Co.  v.  Hodges  (114 

Ark.  155).     See  State  ex  rel.  Kim- 
berlite D.  M.  &  W.  Co.  v.  Hodges. 
Kimbol     v.     Industrial     Acci.     Commission 

(L.R.A.1917B,  595,  —  Cal.  — ,  160 

Pac.  150) 
King  v.  Durkee-Atwood  Co.    (L.R.A.1915A, 

235,  126  Minn.  453,  148  N.  W.  297) 
Lemmon  v. 
v.  Mendota     Coal     Co.     (L.R.A.1916F, 

1220,    163    Iowa,    181,    143   N.   W. 

539) 

Montgomery  Light  &  Traction  Co.  v. 
Palmer  v. 
King  County  y.  Annand  (L.R.A.1917C,  1184, 

—  Wash.  — ,  162  Pac.  27) 
King-Richardson  Co.,  Ely  v. 
Manville  v. 
Trosper  v. 
Kingsbury,  Com.  v. 
Kinley,  Amberg  v. 
Kinnane    v.    State    (L.R.A.1915F,    1149,   — 

Tenn.  — ,  178  S.  W.  439) 
Kinne,  Forsythe  v. 

Kinney,  Pittsburgh,  C.  C.  &  St.  L.  R.  Co.  v. 
Kinsman  v.  Stanhope  (L.R.A.1916C,  443,  50 

Mont.  41,  144  Pac.  1083) 
Kinston,  Conway  v. 
Kirby  v.  Union  Pacific  R.  Co.  (L.R.A.1916E, 

528,  94  Kan.  485,  146  Pac.  1183) 
Kirschbraun  &  Sons,  Brown  v. 
Fritz  v. 

Marshall  &  Co.  v. 
Kirschler  v.  Wainwright  (L.R.A.1917E,  393, 

255  Pa.  525,  100  Atl.  484) 
Kitchen,  Allen  v. 

v.  Long   (L.R.A.1917C,  617,  67  Fla.  72, 

64  So.  429) 

Kitchens,  Columbus  R.  Co.  v. 
Kitto  v.  State    (L.R.A.1915F,  587,  —  Xeb. 

— ,  152  N.  W.  380) 
Klawinski  v.  Lake  Shore  &  M.  S.  R.  Co. 

(L.R.A.1916A,    342,    —    Mich.    — , 

152  N.  W.  213. 
Klein,  Advance  Thresher  Co.  v. 

v.  Knights     &     Ladies     of     Security 

(L.R.A.1916B,    816,    —    Wash.    — , 

151  Pac.  241) 
v.  Maravelas  (L.R.A.1917E,  549,  219  N. 

Y.  383,  114  N.  E.  809) 
Klette,  Rice  v. 
Klopp,  Walker  v. 
Klutts  v.  Jones  (L.R.A.1917A,  291,  21  N.  M. 

720,  158  Pac.  490) 
Knaffl  v.  Knoxville  Bkg.  &  T.  Co.   (L.R.A. 

1915D,  402,  130  Tenn.  336,  170  S. 

W.  476) 


Knappy  State  ex  rel.  Brewster  v. 

Knauth,  Sullivan  v. 

Knewing,  Boas  v. 

Knickerbocker  Trust  Co.,  Havana  C.  R.  Co. 

v. 

Knight,  Rieger  &  Co.  v. 
State  ex  rel.  Bickett  v. 
v.  State   ex   rel.   Henry    (L.R.A.1916F, 

361,  35  Okla.  375,  130  Pac.  282) 
Knights  &  Ladies  of  Honor,  Apitz  v. 
Knights  &  Ladies  of  Security,  Coe  v. 
Hartman  v. 
Klein  v. 
Ledy  v. 
O'Connor  v. 

Knights  of  Maccabees,  Thomas  v. 
Knights  of  Pythias  v.  Mims    (L.R.A1916F, 

919,  241  U.  S.  574,  60  L.  ed.  1179, 

36  Sup.  Ct.  Rep.  702) 
Neuman  v. 
Knipp  v.  Bagby  (L.R.A.1915F,  1072,  —  Md. 

— ,  95  Atl.  60) 
Knock  v.  Tonopah  &  G.  R.  Co.  (L.R.A.1915F, 

3,  —  Nev.  — ,  145  Pac.  939) 
Knoll  v.  Commercial  T.  Co.    (L.R.A.191GA, 

683,  249  Pa.  197,  94  Atl.  750) 
Knox  Terpezone  Co.,  Travis  v. 
Knoxville  v.  Park  City  (L.R.A.1915D,  1103, 

130  Tenn.  626,  172  S.  W.  286) 
Knoxville    R.    &    Light    Co.    v.    Vangilder 

(L.R.A.1916A,  1111,  132  Tenn.  487, 

178  S.  W.  1117) 

Koehler  Sporting  Goods  Co.,  Jacobs  v. 
Koeln,  St.  Louis  Lodge  No.  9  v. 
Koenigstein  v.  Order  of  the  Herman  Sons 

(L.R.A.1917F,  398,  —  Neb.  — ,  163 

N.  W.  758) 
Kohler,  Ross  v. 
Koloen  v.  Pilot  Mound  Twp.  (L.R.A.1917A, 

350.  33  N.  D.  529,  157  N.  W.  672) 
Komfort,  Schieffelin  v. 
Koontz  v.  Baltimore  &   0.  R.  Co.    (L.R.A. 
.      1915D,  838,  220  Mass.  285,  107  N. 

E.  973) 

Kopmeier,  Timme  v. 
Korab,  State  v. 

v.  State  (L.R.A.1915B,  83,  93  Neb.  66, 

139  N.  W.  717) 
Korrer,  State  v. 
Kouns,  Spaeth  v. 
Koyer,  Willmon  v. 
Kraft,  Louisville  &  I.  R.  Co.  v. 

Neubrand  v. 
Krepps,  Wood  v. 
Krienbuhl,  Re  (L.R.A.1916E,  1130,  —  Wash. 

— ,  157  Pac.  690) 
Kroger,  Sleichter  v. 
Kroop,  St.  Nicholas  Church  v. 
Krug,  Tyre  v. 
Kruse   v.   Pillsbury    (L.R.A.1917E,    645,   — 

Cal.  — ,  162  Pac.  891) 
Krutlies   v.   Bulls    Head   Coal   Co.    (L.R.A. 

1915F,  1082,  249   Pa.  162,  94  Atl. 

459) 

Kulesh,  Snyder  v. 
Kunze  v.  Detroit  Shade   Tree  Co.    (L.R.A. 

1017A,  252,  —  Mich.  — ,  158  N.  W. 

851) 

Kurtz  Co.,  Haskell  v. 
Kusnitt,  School  Sisters  of  Notre  Dame  v. 
Kussel,  American  Music  Stores  v. 


486 


TABLE  OF  CASES. 


Kyle  v.  Boston  Elev.  R.  Co.   (L.R.A.1917F, 
164,  215  Mass.  260,  102  N.  E.  310) 


Laboon,  State  v. 

La  Breck  v.  Hoquiam  (L.R.A.1917F,  297,  95 

Wash.  463,  164  Pac.  67) 
Lacey  v.  Lemmons    (L.R.A.1917A,  1185,  — 

N.  M.  — ,  159  Pac.  949) 
Phelan  v. 
Lachtman  v.  Houghton.     See  State  ex  rel. 

Lachtman  v.  Houghton. 
Lackc-   v.   Strauss    (L.R.A.1917F,   434,   226 

Mass.  579,  116  N.  E.  236) 
La  Coste,  Scanlan  v. 
Ladd,  State  Nat.  Bank  v. 
Ladrigan,   Lester  v. 
La  Fountain  &  W.  Co.   v.  Brown    (L.R.A. 

1917F,  551,  —  Vt.  — ,  101  Atl.  36) 
La  Framboise  v.  Day  (L.R.A.1917D,  571,  - 

Minn.  ^-\  161  N.  W.  529) 
Lahti    v.    Tamarack    Mining    Co.     (L.R.A. 

1916D,  405,  186  Mich.   18,  152  N. 

W.  907) 
Laighton    v.    Brookline    Trust    Co.    (L.R.A. 

1917C,  129,  225  Mass.  458,  114  N. 

E.  671) 
Li.ird  v.  Sims   (L.R.A.1915F,  519,  16  Ariz. 

521,  147  Pac.  738) 

Lake  Shore  &  M.  S.  R.  Co.,  Elawinski  v. 
Lake  Torpedo  Boat  Co.,  State  ex  rel.  Eliot 

&  Co.  v. 

Lally,  Louisville  Water  Co.  v. 
Lamb    v.    Roberts    (L.R.A.1916F,    1018,    — 

Ala,  — ,  72  So.  309. 
Lamb    Davis    Lumber    Co.    v.    Stowewell 

(L.R.A.1917E,    966,    —    Wash.    — , 

164  Pac.  593) 
Lambert  v.  Philips.    See  Hardy,  Re. 

Russell  v. 
Lambrecht   v.   Schreyer    (L.R.A.1915E,  812, 

129  Minn.  271,  152  X.  W.  645) 
Lamont  v.  Stavanaugh    (L.R.A.1915E.  460, 

129  Minn.  321,  152  X.  W.  720) 
Lamoreaux  v.  Andersen   ( L.R.A. 1915D,  204, 

128  Minn.  261,  150  N.  W./308) 
Land  v.  State  (L.R.A.1916E,  760.  —  Fla.  — , 

71  So.  279) 
Teat  v. 
Land  &  Iron  Co.  v.  Com.    (148  Ky.  331). 

See  Hillman   Land  &   Iron  Co.  v. 

Com. 
Land  &  Live  Stock  Co.  v.  Trading  Co.  (87 

Kan.    221).      See   Holden    Land    & 

Live  Stock  Co.  v.  Interstate  Trad- 
ing Co. 
Land  &  Mfg.  Co.  v.  Beyer  (—  Wis.  — ).  See 

People's  Land  &  Mfg.  Co.  v.  Beyer. 
Land  Co.  v.   Cazeaux    (136  La.  724).     See 

Queensborough   Land   Co.   v.  Caze- 
aux. 
v.  Howard    ( —  Cal.  — ).     See  Mineral 

Park  Land  Co.  v.  Howard. 
v.  Invest.  Co.  ( —  Wash.  — ).     See  Ma- 
honey  Land  Co.  v.  Cayuga  Invest. 

Co. 
Lane  v.  District  Court  (51  Mont.  503).    See 

State  ex  rel.  Lane  v.  District  Court. 
Thomas  v. 


Lane  v.  United  States  Electric  Light  &  W. 

Co.  (L.R.A.1916C,  808,  90  Conn.  35, 

96  Atl.  155) 
Lang,  Humphrey  v. 
Langley,  Mitchell  v. 
Lankford  v.  Schroeder  (L.R.A.1915F,  623, 

—  Okla.  — ,  147  Pac.  1049) 
Lanng  v.  Long.    See  State  ex  rel.  Lanng  v. 

Long. 
Lansing,  Ferle  v. 

Haller  v. 
La  Porta  v.  Leonard  (L.R.A.1916E,  779,  — 

N.  J.  — ,  97  Atl.  251) 
Larey,  Firemen's  Ins.  Co.  v. 
Larke  v.  Hancock  Mut.  L.  Ins.  Co.  (L.R.A. 

1916E,  584,  90  Conn.  303,  97   Atl. 

320) 

Larkin,  Stewart  v. 
Larrabee  v.  Title  Guaranty  &  S.  Co.  (L.R.A. 

1916F,   709,   250   PA.   135,   95   Atl. 

416) 

Larsen,  Loose  v. 

Larson   v.  Alaska  S.  S.  Co.    (L.R.A.1917F, 
671,  —  Wash.  — ,  165  Pac.  880) 
Cortland  v. 
v.  Feeney   (L.R.A.1917D,  694,  —  Mich. 

— ,  162  X.  W.  275) 
v.  Slette   (L.R.A.1915A,  898,  125  Minn. 

267.  146  X.  W.  1094. 

Lasecki,  State  v. 

Laskau,  Coffin  v. 

Umbrogia  v. 

Latham,  State  v. 

v.  United    States    (L.R.A.1916D,    1118, 

141  C.  C.  A.  250,  226  Fed.  420) 
Lathrop,  Colonial  Refining  Co.  v. 

v.  Hauptly.     See  State  ex  rel.  Lathrop 

v.  Hauptly. 

Latrobe  v.  Soulsby.   See  American  Coloniza- 
tion Soc.  v.  Soulsby. 
La t tanner  v.   Hills    (—  OlTio   St.  — ).     See 

State  ex  rel.  Lattanner  v.  Hills. 
Laue    v.    Grand    Fraternity     (L.R.A.1915F, 

1056,  —  Tenn.  — ,  177  S.  W.  941) 
Laurel  Bottling  Works,  Wheeler  v. 
Laurel  Coal  &  Land  Co.,  Jarrell  v. 
Lauritson,  Holbart  v. 
La   Veck   v.   Parke,   Davis   &   Co.    (L.R.A. 

1916D,   1277,  —  Mich.  — ,   lf>7    X. 

W.  72) 
Lavery   v.   Mid-Continent   Oil   Development 

Co.  (L.R.A.1917D,  231,  —  Okla.  — , 

162  Pac.  737) 
Law  v.  Illinois  C.  R.  Co.   (L.R.A.1915C,  17, 

126  C.  C.  A.  27,  208  Fed.  869) 
Lawrence,  Bolster  v. 

Prussian  Nat.  Ins.  Co.  v. 
Watson  v. 
Laws,  Bennett  v. 
Lawson  v.  Com.  (L.R.A.1915D,  972,  160  Ky. 

180,  169  S.  W.  587) 
Louisville  &  N.  R.  Co.  v. 
Law  Union  &  Rock  Ins.  Co.,  Mangrum  v. 
Lay,  People  v. 
Laying    out   of   Highway   by   Selectmen   of 

Peru,  Re  (L.R.A.1917E,  559,  —  Vt. 

— ,  100  Atl.  679) 
Laying   out   of   Highway   by   Selectmen   of 

Winhall,   Re.      See   Laying   out   of 

Highway    by    Selectmen    of    Peru, 

Re. 
Leachman,  Gish  Bkg.  Co.  v. 


TABLE  OF  CASES. 


48? 


Leader  Co.,  Little  Rock  R.  &  E.  Co.  v. 
Leahy    v.    Cheney    (L.R.A.1917D,    809,    90 

Conn.  611,  98  Atl.  132) 
Leary,  Rockland-Rockport  Lime  Co.  v. 
Leavea  v.   Southern   R.   Co.    (L.R.A.1916D, 

810,  266  Mo.  151,  181  S.  W.  7) 
Leavenworth  County,  Douglas  County  v. 
Lebanon,  Scriven  v. 
Le  Beau  v.  Minneapolis,  St.  P.  &  S.  Ste.  M. 

R.  Co.  (L.R.A.1917A,  1017,  —  Wis. 

— ,  159  N.  W.  577) 
Negaunee  Nat.  Bank  v. 
Le  Blanc,  Re  (L.R.A.1917F,  1137,  —  La.  — , 

76  So.  223) 
Ledy    v.    Knights    &    Ladies    of    Security 

(L.R.A.1915D,  1095,  129  Minn.  137, 

151  N.  W.  905) 

Lee,  Arkansas  Natural  Gas  Co.  v. 
McDonald  v. 
v.  McMorries     (L.R.A.1915B,    1069,    — 

Miss.  — ,  66  So.  278)  . 
v.  State   (L.R.A.1916B,  963,  132  Tenn. 

655,  179  S.  W.  145) 
Leeds,  McCarthy  v. 
Leedy,  Kansas  City  L.  Ins.  Co.  v. 
Lee    Line    Steamers    v.    Robinson    (L.R.A. 

1916C,  358,  134  C.  C.  A.  287,  218 

Fed.  559) 
Lefker    v.    Harner    (L.R.A.1916F,   281,    123 

Ark.  575,  186  S.  W.  75) 
Legendre,  State  v. 
Lehigh  Valley  R.  Co.,  Dorr  v. 

Raub  v. 
Lehmann  v.  People's  Furniture  Co.  (L.R.A. 

1915D,  355,  42  Okla.  761,  142  Pac. 

986) 
Leighton    v.    Wheeler     (L.R.A.1916F,    561, 

106  Me.  450,  76  Atl.  916) 
Leisenring,  Re    (L.R.A.1916F,  798,  237  Pa. 

60,  85  Atl.  80) 
Leishman,  Raymond  v. 
Lemmon  v.  King  (L.R.A.1915E,  882,  95  Kan. 

524,  148  Pac.  750) 
Lemmons,  Lacey  v. 
Lenderink  v.  Sawyer  (L.R.A.1915D,  948,  92 

Xeb.  587,  138,  N.  W.  744) 
Lenihan  v.   Commonwealth    (L.R.A.   1917B, 

1132,  165  Ky.  93,  176  S.  W.  948) 
Lens,  Riggle  v. 
Lentz,  Gray  v. 
Leonard    v.    Home    Builders    (L.R.A.1917C, 

322,  —  Cal.  — ,  161  Pac.  1151) 
La  Porta  v. 
•  v.  Vaughan   (L.R.A.1915E,  714,  —  Va. 

— ,  85  S.  E.  471) 
Leoti,  Malchow  v. 
Le  Ray  Paper  Co.,  Radley  v. 
Lesh    v.    Illinois    Steel    Co.    (L.R.A.1916E, 

105,  163  Wis.  124,  157  N.  W.  539) 
Lester,    Bixby    v. 

v.  Ladrigan      (L.R.A.1916F,      939,     — 

Conn.  — ,  98  Atl.  124) 
State  v. 

Levenson,  Ashinsky  v. 
Le  Vette  v.  Hardman  Estate  (L.R.A.1917B, 

22-7.  77  Wash.  320,  137  Pac.  454) 
Levine  v.   McClenathan    (L.R.A.1917B,   235, 

246  Pa.  374,  92  Atl.  317) 
Levy   v.    Nevada-California-Oregon    R.    Co. 

(L.R.A.1917B,  564,  81  Or.  673.  160 

Pac.  808) 


Lewinn   v.   Murphy    (L.R.A.1917E,   198,   63 

Wash.  356,  115  Pac.  740) 
Lewis  v.  France  (L.R.A.1917F,  860,  —  Minn. 

— ,  163  N.  W.  656) 
German  Alliance  Ins.  Co.  v. 
v.  Johnson      (L.R.A.1915D,      150,      123 

Minn.  409,  143  N.  W.  1127) 
v.  Lewis  (L.R.A.1915D,  719,  220  Mass. 

364,  107  N.  E.  970) 
v.  Pingree     Nat.    Bank     (L.R.A.1916C, 

1260,  —  Utah,  — .  151  Pac.  558) 
Lewis  and  Clark  County,  Re  (L.R.A.1916D, 

628,  —  Mont.  — ,  155  Pac.  268) 
Lewisburg  &   N.   R.   Co.  v.   Hinds    (L.R.A. 

1916E,  420,  134  Tenn.  293,  183  S. 

W.  985) 
Tillr..an  v. 

Lewiston,  A.  &  W.  Street  R.  Co.,  Elie  v. 
Lexington    Mill    &    Elevator    Co.,    United 

States  v. 
Leyden,   Societa   Unione   Fratellanza   Itali- 

ana  v. 

Leyland  &  Co.,  Hanlon  v. 
Lhpta  v.  Oppenheimer    (L.R.A.1915E,  1102, 

247  Pa.  280,  93  Atl.  476) 
Libby,  Holbrook  v. 
Liberty    Trust  Co.  v.  Tilton   (L.R.A.1915B, 

144,  217  Mass.  402,  105  N.  E.  605) 
Lien  Co.  v.  Schultze  (213  N.  Y.  9).    See  Tax 

Lien  Co.  v.  Schultze. 
Life  Assur.  Soc.  v.  Railroad  Co.  (212  N.  Y. 

360).    See  Equitable  L.  Assur.  Soc. 

v.  Union  Pacific  R.  Co. 
Ligett,  Bolen  v. 
Liggett  &  Myers  Tobacco    Co.    v.    Cannon 

(L.R.A.1916A,  940,  132  Tenn.  419, 

178  S.  W.  1009) 
Liggett   Co.   v.   Wilson    (L.R.A.1917A,    205. 

224  Mass.  456,  113  N.  E.  184) 
Light   &   Traction   Co.    v.    King    (187    Ab 

619).      See    Montgomery    Light    & 

Traction  Co.  v.  King. 
Lilienthal,  McDongald  v.  ' 
Lillard,  Render  v. 
Lillie,  Dow  v. 
Lillienkamp  v.  Rippetoe   (L.R.A.1916B,  881, 

-  Tenn.  — ,  179  S.  W.  628) 
Lilligren  v.  Burns  International  Detective 

Agency  (L.R.A.1917B,  679,  —  Minn. 

— ,  160  N.  W.  203) 
Lilly,  Bonnycastle  v. 
Limbach  v.  Bolin  (L.R.A.1916D,  1059,  —  Ky. 

— ,  183  S.  W.  495) 
Lime  Co.  v.  Leary   (203  N.  Y.  469).     See 

Rockland-Rockport     Lime     Co.     v. 

Leary. 

Lincoln,  Sinclair  v. 
Lincoln    Safe    Deposit    Co.    v.    New    York 

(L.R.A.1915F,  1009,  210  N.  Y.  34, 

103  X.  E.  768) 
Linde  v.  Packard  (—  X.  D.  — ).    See  State 

ex  rel.  Linde  v.  Packard. 
Lindsley  v.  Patterson  (L.R.A.1915F,  680,  - 

Mo.  — ,  177  S.  W.  826) 
Lindstrom  v.  Mutual  Steamship  Co.  (L.R.A. 

1916D,  935,  —  Minn.  — ,  156  X.  W. 

669) 
Linnane  v.  JEtna  Brewing  Co.  (L.R.A.1917D, 

77,  91  Conn.  158,  99  Atl.  507) 
Lipkin,  State  v. 


488 


TABLE  OF  CASES. 


Lipps  v.  Milwaukee  Electric  Railway  &  L. 

Co.   (L.R.A.1917B,  334,  —  Wis.  — , 

159  N.  W.  916) 
Lisle  v.  Anderson     (L.R.A.1917A,    128,    — 

Okla.  — ,  159  Pac.  278) 
Litchfield  v.  Henson  Oil  Co.   (L.R.A.1917A, 

54,  —  Okla.  — ,  157  Pac.  137) 
Lithographing  Co.  v.  Grocery  Co.   (144  Ga. 

514).      See    Edwards    &    Deutsch 

Lithographing  Co.  v.  Vidalia  Gro- 
cery Co. 

Little,  Security  Mut.  L.  Ins.  Co.  v. 
Little  Rock  Chamber  of  Commerce,  Gregg  v. 
Little   Rock   R.    &   E.    Co.    v.    Leader   Co. 

(L.R.A.1917C,   374,   125   Ark.   418, 

188  S.  W.  1182) 
Litz  v.  Rowe  (L.R.A.1916B,  799,  —  Va.  — , 

86  S.  E.  155) 

Lively,  Guaranty  State  Bank  &  T.  Co.  v. 
Livengood   v.   Ball    (L.R.A.1917C,    905,    — 

Okla.  —  162  Pac.  768) 
Livermore  Falls  Water  Dist.,  Woodard  v. 
Liverpool  &  L.  &  G.  Ins.  Co.  v.  Board  of 

Assessors  (L.R.A.1915C,  903,  221  U. 

S.  346,  55  L.  ed.  762,  31  Sup.  Ct. 

Rep.  550) 
Livery  Co.  v.  Kane  ( —  Va.  — ).    See  Dixon 

Livery  Co.  v.  Kane. 
Livingston,  Livingston  Waterworks  v. 
Livingston      Waterworks      v.      Livingston 

(L.R.A.1917D,   1074,  —   Mont.   — , 

162  Pac.  381) 
Loan  &  Trust  Co.  v.  Jester  (180  Ind.  357). 

See  Tippecanoe  Loan  &  Trust  Co. 

v.  Jester. 
v.  Planck  ( —  Neb.  — ).     See  Farmers' 

Loan  &  T.  Co.  v.  Planck. 
v.  Probate    Ct.    of    Hennepin    County 

(129  Minn.  442).     See  State  ex  rel. 

Minnesota  Loan  &  T.  Co.  v.  Pro- 
bate Ct.  of  Hennepin  County. 
Loan  Co.  v.  Gawley    ( —  Wash.  — ).     See 

Cissna  Loan  Co.  v.  Gawley. 
Lobato,  Territory  v. 
Lobsitz,  Cummings  v. 
Loch,  Carver-Shadbolt  Co.  v. 
Locke    v.    Murdoch    (L.R.A.1917B,    267,    20 

N.  M.  522,  151  Pac.  298) 
Lockwood    v.    United    States    Steel    Corp. 

(L.R.A.1915C,  471,  209  N.  Y.  375, 

103  N.  E.  697) 
Locomotive   Co.  v.   Wholesale   Grocery   Co. 

( —  Mass.  — ).    See  American  Loco- 
motive Co.  v.  National  Wholesale 

Grocery  Co. 
Loeffler  v.  Sheppard  &  Enoch  Pratt  Hospital 

(L.R.A.1917D,  967,  —  Md.  — ,  100 

Atl.   301) 
Loewe  v.  Savings  Bank   (L.R.A.1917B,  938, 

236  Fed.  444) 
Loftus,  Douglass  v. 
Logan,  Bannon  v. 

v.  Empire    Dist.    Electric    Co.    (L.R.A. 

1917E,  258,  99  Kan.  381,  161  Pac. 

659) 
Loganville    Bkg.    Co.    v.    Forrester    (L.R.A. 

1915D,   1195,  —   Ga.   — ,   84   S.   E. 

961) 
Logging  Co.  v.  Casualty  Co.  ( —  Wash.  -r-). 

See    May    Creek    Logging    Co.    v. 

Pacific  Coast  Casualty  Co. 
Logue,  First  Nat.  Bank  v. 
Lonergan,  Mackey  v. 


Long,  Bailey  v. 
Kitchen  v. 
v.  Long  (L.R.A.1917C, .  159,  —  Minn. 

— ,  160  N.  W.  687) 
v.  Pacific  R.  &  Nav.  Co.  (L.R.A.1915F, 

1151,  —  Or.  — ,  144  Pac.  462) 
State  ex  rel.  Lanng  v. 
Long  Beach,  Chaf  or  v. 
Loon,  State  v. 
Loose  v.  Larsen  (L.R.A.1917B,  1166,  —  Nev. 

— ,  161  Pac.  514) 
Lord  v.  Denver  (L.R.A.1915B,  306,  —  Colo. 

— ,  143  Pac.  284) 

Lorenzino  v.  Board  of  County  Comrs.    See 
State  ex  rel.  Lorenzino  v.  Board  of 
County  Comrs. 
Los  Angeles  Gas  &  Electric  Corp.,  Pinney  & 

Boyle  Co.  v. 
Louden  v.  Cincinnati  (L.R.A.1915E,  356,  - 

Ohio  St.  — ,  106  N.  E.  970) 
Louisiana  &  N.  W.  R.  Co.  v.  Athens  Lum- 
ber Co.   (L.R.A.1915B,  856,  134  La. 
788,  64  So.  714) 
Louisiana  Home  Teleph.  Co.,  General  Acci. 

F.  &  L.  Assur.  Corp.  v. 
Louisiana  R.  &  Nav.  Co.,  Barber  v. 
Basey  v. 

v.  Baton  Rouge  Brickyard  (L.R.A. 
1917A,  402,  136  La.  833,  67  So. 
922) 

Louisiana  State  Bd.  of  Agri.  &  Immig.  v. 
Tanzmann    (L.R.A.1917C,    894,    - 
La.  — ,  73  So.  854) 
Louisiana  W.  R.  Co.,  Barnett  v. 
Flash  v. 
v.  Hehemann     (L.R.A.1915C,    747,    161 

Ky.  523,  171  S.  W.  165) 
Inter-Southern  L.  Ins.  Co.  v. 
Louisville  &  I.  R.  Co.  v.  Kraft  (L.R.A.1916E, 

263,  156  Ky.  66,  160  S.  W.  803) 
Louisville  &  N.  R.  Co.  v.  Allen  (L.R.A.1915C, 

20,  —  Fla.  — ,  65  So.  8) 
v.  Ashley    (L.R.A.1916E,  763,   169  Ky. 

330,  183  S.  W.  921) 
v.  Comley    (L.R.A.1917C,  978,  173  Ky. 

469,  191  S.  W.  96) 
v.  Common  ,/ealth     (L.R.A.1917B,     544, 

171  Ky.  355,  188  S.  W.  394) 
v.  Cooper  "(L.R.A.1915E.   336,   164   Ky. 

489,  175  S.  W.  1034) 
v.  Dougherty  (L.R.A.1916E,  4G4,  —  Ky. 

— ,  185  S.  W.  114) 
v.  Caddie    (L.R.A.1915D,  705,   102   Ky. 

205,  172  S.  W.  514) 
Gosney  v. 
v.  Johnson   (L.R.A.1916D,  514,  168  Ky. 

351,  182  S.  W.  214) 
v.  Lawson  (L.R.A.1917B,  1161,  161  Ky. 

S9,  170  S.  W.  198) 
v.  Marlin  (L.R.A.1917A,  417,  135  Tenn. 

435,  186  S.  W.  595) 
v.  Maxwell    (L.R.A.1915E.   CO.',.   -2:17    O. 
S.  94,  59  L.  ed.  853,  P.U.R.1915C, 
300,  35  Sup.  Ct.  Rep.  494) 
Railroad  Commission  v. 
v.     Russellville     Home     Teleph.     Co. 
(L.R.A.1915E,  138,  163  Ky.  415,  173 
S.  W.   1105) 
Smith  v. 
Todd  v. 

v.  Williams  (L.R.A.1915E,  613,  165  Ky. 
386,  176  S.  W.  1186) 


TABLE  OF  CASES. 


489 


Louisville  R.  Co.,  Chreste  v. 

v.  Dott  (L.R.A.1915C,  681,  161  Ky.  759, 

171  S.  W.  438) 

Louisville    Trust    Co.    v.    Snively    (L.R.A. 
1915D,  153,  162  Ky.  461,  172  S.  W. 
911) 
Louisville  Water  Co.  v.  Lally  (L.R.A.1916D, 

300,  168  Ky.  348,  182  S.  W.  186) 
Lounsberry,  Armstead  v. 
Lovato  v.  Catron   (L.R.A.1915E,  451,  —  N. 

M.  — ,  148  Pac.  490) 
Love,  Re   (L.R.A.1915E,  109,  42  Okla.  478, 

142  Pac.  305) 
v.  Love.     See  Love,  Re. 
v.  Smith.     See   State  ex  rel.   Love  v. 

Smith. 

Lovejoy  v.  Denver  &  R.  G.  R.  Co.  (L.R.A. 
1915E,  888,  —  Colo.  — ,  146  Pac. 
263) 

Loveland,  Mazey  v. 
Lovella   Ditch   Reservoir   &  I.   Co.,   Grover 

Irrig.  &  Land  Co.  v. 

Low  v.  R.  P.  K.  Pressed  Metal  Co.  (L.R.A. 
1917D,  291,  91  Conn.  91,  99  Atl. 
1) 

Lowe,  Ritter  Lumber  Co.  v. 
Sofge  v. 
v.  Southern  R.  Co.     See  Woodward  v. 

Southern  R.  Co. 
Lowenfeld,  Halsey  v. 
Lowman    &    Co.    v.    Ballard    (L.R.A.1915D, 

427,  168  N.  C.  16,  84  S.  E.  21) 
Lowrance  v.   Eller    (L.R.A.1916E,   696,   169 

N.  C.  211,  85  S.  E.  291) 
Loyal    Order    of    Moose   v.   Kenny    (L.R.A. 
1917C,  469,  —  Ala.  — ,  73  So.  519) 
Lucid  v.  du  Pont  de  Nemours  Powder  Co. 
(L.R.A.1917E,  182,  118  C.  C.  A.  61, 
199  Fed.  377) 

Luden   v.    Enterprise   Lumber   Co.    (L.R.A. 

1917C,  485,  —  Ga.  — ,  91  S.  E.  102) 

Ludke  v.  Burck  (L.R.A.1915D,  .968,  160  Wis. 

440,  152  N.  W.  190) 
Lufkin  v.    Harvey    (L.R.A.1916B,    1111,   — 

Minn.  — ,  154  N.  W.  1097) 
Luiz,  Diepenbrock  v. 
Luke,  Boston  Safe  Deposit  &  T.  Co.  v. 
Lukens,  Pueblo  v. 
Lumber  Co.  v.  Boyd  (—  Va.  — ) .    See  Ritter 

Lumber  Co.  v.  Boyd. 
v.  Industrial  Com.  (154  Wis.  114).    See 
Mellen    Lumber    Co.    v.    Industrial 
Com. 
v.  Johnson  (29  N.  D.  113).    See  Moreau 

Lumber  Co.  v.  Johnson, 
v.  Lowe  (75  W.  Va.  714).     See  Ritter 

Lumber  Co.  v.  Lowe. 
v.  Morawetz     (127    Minn.    277).      See 
Thompson-McDonald  Lumber  Co.  v. 
Morawetz. 
v.  Norton  ( — Miss. — ).    See  Crenshaw- 

Gary  Lumber  Co.  v.  Norton, 
v.  Railway  Co.  (92  Ohio  St.  206).     See 
Doppes   Sons   Lumber   Co.   v.   Cin- 
cinnati, N.  0.  &  T.  P.  R.  Co. 
v.  Raymond  Light  &  W.  Co.  (92  Wash. 
330).      See   Raymond   Lumber   Co. 
v.  Raymond  Light  &  W.  Co. 
v.  Stowell   (—  Wash.  — ).     See  Lamb 
Davis  Lumber  Co.  v.  Stowell. 


Lumber  Co.  v.  Thompson  ( —  C.  C.  A.  — ) . 

See   Caaur   d'Alene   Lumber  Co.   v. 

Thompson. 
v.  Wells    (—    La.    — ).      See    Victoria 

Lumber  Co.  v.  Wells. 
Lumber    Dealers    Asso.    v.    United    States 

(234    U.    S.    600).      See    Eastern 

States     Retail     Lumber     Dealers' 

Asso.  v.  United  States. 
Lummus  v.  Firemen's  Fund  Ins.  Co.  (L.R.A. 

1915D,  239,  167  N.  C.  654,  83  S.  E. 


Lundy,  Clinchfield  Fuel  Co.  v. 

L 'Union  Lafayette,  Maheu  v. 

Lusk   v.   Eddington    (L.R.A.1917A,   536,  — 

Okla.  — ,  159  Pac.  491) 
Sheat  v. 
Lusky    v.    Keiser    (L.R.A.1915C,    400,    128 

Tenn.  705,  164  S.  W.  777) 
Luthey  v.  Joyce  (L.R.A.1916E,  —  Minn.  — , 

157  N.  W.  708) 
Lutz,  Heller  v. 
Lyman    v.    Lyman    (L.R.A.1916E,    643,    90 

Conn.  399,  97  Atl.  312) 
Lynch  v.  Boston  &  M.  R.  Co.  (L.R.A.1917E, 
819,  226  Mass.  522,  116  N.  E:  248) 
v.  Brennan      (L.R.A.1916E,     269,     131 

Minn.  136,  154  N.  W.  795) 
v.  Davis  (L.R.A.1917F,  566,  —  W.  Va. 

— ,  92  S.  E.  427) 

v.  Ninemire  Packing  Co.   (L.R.A.1917E, 
178,  63  Wash.  423,  115  Pac.  838) 
State  ex  rel.  Hammond  v. 
Lynn  v.  Goodwin  (L.R.A.1915E,  588,  —  Cal. 

— ,  148  Pac.  927) 
v.  Seby    (L.R.A.1916E,    788,   29   N.    D. 

420,  151  N.  W.  31) 
Lyon  v.  Baldwin  (L.R.A.1917C,  148,  —  Mich. 

— ,  160  N.  W.  428) 
v.  Rhode  Island  Co.  (L.R.A.1916A,  983, 

—  R.  I.  — ,  94  Atl.  893) 
Lyons  v.  Walsh  (L.R.A.1917F/680,  —  Conn. 
— ,  101  Atl.  488) 


M. 


Mabee,  McDonald  v. 

McAdow  v.  Kansas  City  W.  R.  Co.  (L.R.A. 

1917B,  1158,  96  Kan.  423,  151  Pac. 

1113) 
v.  Kansas  City  W.  R.  Co.  (L.R.A.1917E, 

539,  100  Kan.   309,  164  Pac.  177) 
McAfee    v.     Commonwealth     (L.R.A.1917C, 

377,  173  Ky.  83,  190  S.  W.  671) 
McAllister,  Re  (L.R.A.1917C,  504,  —  Minn. 

— ,  160  N.  W.  1016) 
Mechling  v. 
McArdle,  Ruppert  v. 
Macario    v.    Alaska    Gastineau    Min.    Co. 

(L.R.A.1917E,  1152,  —  Wash.   — , 

165  Pac.  73) 
McBride    v.    United    States.      See    Eastern 

States     Retail     Lumber     Dealers* 

Asso.  v.  United   States. 
McCafferty,  State  ex  rel.  West  v. 
McCamant  v.  Olcott   (L.R.A.1916E,  706,  — 

Or.  — ,  156  Pac.  1034) 
McCarthy  v.   Bangor  &  A.  R.  Co.    (L.R.A. 

1915B,  140,  112  Me.  1,  90  Atl.  490) 
v.  Leeds    (L.R.A.1916E,    1212,    -  -    Me. 

— ,  98  Atl.  72) 


490 


TABLE  OF  CASES. 


McCartney  v.  Badovinac  (L.R.A.1917A,  1146, 

—  Colo.  — ,  160  Pac.  190) 
McCaw,  Toon  v. 
McClary,  Friedberg  v. 
McClenathan,  Levine  v. 
McClendon    v.    Hot    Springs    (L/R.A.1917F, 

535,  —  Ark.  — ,  195  S.  W.  686) 
McClintic,  People  v. 
McCloud,  Corduan  v. 
McCook  Irrig.  &  Water  Power  Co.  v.  Burt- 

less    (L.R.A.1915D,    1205,  —   Neb. 

— ,   P.U.R.1915C,   587,   152   N.   W. 

334) 

McCook  Waterworks  Co.,  Wood  v. 
McCormack  v.  Williams  (L.R.A.1917E,  535, 

88  N.  J.  L.  170,  95  Atl.  978) 
McCormick  v.  Chicago  &  N.  W.  R.  Co.  (— 

Neb.  — ).     See  Davison  v.  Chicago 

&  X.  W.  R.  Co. 
v.  State    (L.R.A.1916F,    382,  —   Tenn. 

— ,  186  S.  W.  95) 
McCoy    v.    Flynn    (L.R.A.1915D,    1064,    — 

Iowa,  — ,  151  N.  W.  465) 
V.  Handlin  (L.R.A.1915E,  858,  —  S.  D. 

— ,  153  N.  W.  361) 
v.  Michigan    Screw    Co.    (L.R.A.1916A, 

323,  180  Mich.  454,  147  N.  W.  572) 
MacCrellish,  Re  (L.R.A.1915A,  443,  167  Cal. 

711,  141  Pac.  257) 
McCurdy  v.  Bennett.    See  State  ex  rel.  Mc- 

\  Curdy  v.  Bennett. 

McCurley,  Brandau  v. 
McCurnin,  Dodson  v. 
McCutchen,  Younker  v. 
McDaniel   v.   Putnam    (L.R.A.1917E,    1100, 

100  Kan.  550,  164  Pac.  1167) 
Wallace  v. 
v.  Wetzel    (L.R.A.1916E,  1140,  264  111. 

212,  106  N.  E.  209) 
McDermitt,  Marshall  v. 
McDevitt  v.  Stokes  (L.R.A.1917D,  1100,  174 

Ky.  515,  192  S.  W.  681) 
McDole   v.   Thurm    (L.R.A.1917B,   1150,   — 

111.  — ,  114  N.  E.  542) 
McDonald,  Ex  parte   (L.R.A.1915B,  988,  49 

Mont.  454,  143  Pac.  947) 
v.  Columbian  Nat.  L.  Ins.  Co.   (L.R.A. 

1916F,    1244,    --    Pa.    — ,    97    Atl. 

1086) 
v.  Finseth  (L.R.A.1916D,  149,  32  N.  D. 

400,  155  N.  W.  863) 
Galbrait h  v. 
v.  Lee  (L.R.A.1916B,  915,  246  Pa.  253, 

92  Atl.  135) 
v.  Mabee   (L.R.A.1917F.  458,  243  U.  S. 

90,  61  L.  ed.  608,  37  Sup.  Ct.  Rep. 

343) 
McDonough,    Ex, parte    (L.R.A.1916C,    693, 

170  Cal.  230,  149  Pac.  566) 
McDougald.  Citizens'  Trust  Co.  v. 

T.    Lilienthal     (L.R.A.1917F,    267,    • 

Cal.  — ,  164  Pac.  387) 
McDougle   v.   State    ( L.R.A. 1917E,   930,  — 

Tex.    Crim.    Rep.    — ,    194    S.    W. 

944) 
MacDowell,  Re   (L.R.A.1916E.  1246,  217  N. 

Y.  454.  112  X.  E.  177) 
McEwen,  Hughes  v. 

v.  Keary  (L.R.A.1916B.  1063,  178  Mich. 

6.   144  X.  W.   524) 
McFarland  v.  Mayo    (L.R.A.1917C,  901,  — 

Okla.  — ,  162  Pac.  753) 


McFarlane  v.  Winters  (L.R.A.1916D,  6J3,  •- 

Utah,  — ,  155  Pac.  437) 
McGaw,  Frey  v. 
McGinnis    v.     Hydraulic    Press    Brick    Co. 

(L.R.A.1915F,    583,    261    Mo.    287, 

169  S.  W.  30) 
v.  Marlborough- Hudson  Gas  Co.  (L.R.A. 

1915D,   1080,   220    Mass.    575,   108 

N.   E.   364) 
v.  Studebaker  Corp.  (L.R.A.1916B,  868, 

75  Or.  519,  146  Pac.  825) 
McGivern,  New  England  Cement  Gun  Co.  v. 
McGrath    v.    Northern    P.    R.    Co.    (L.R.A. 

1915D,    644,    121    Minn.    258,    141 

N.  W.  164) 
McGuire   v.   Chicago   &   A.   R.    Co.    (L.R.A. 

1915F,  888,  —  Mo.  — ,  178  S.  W. 

79) 
Machine  Co.  v.  Brown  (119  Va.  813).     See 

United    Cigarette    Machine    Co.   v. 

Brown. 

v.  Fryar    (132   Tenn.    612).     See   Bur- 
roughs Adding  Mach.  Co.  v.  Fryar. 
Mclnnis  v.   New  Orleans  &   N.  E.   R. '  Co. 

(L.R.A.1915E,    682,    --    Miss.,—, 

P.U.R.1915D,  418,  68  So.  481) 
Mclntire,  Muskogee  Electric  Traction  Co.  v. 
Mclntosh,  Re   (L.R.A.1915D,  603,  211  N.  Y. 

265,  105  N.  E.  414) 
Mclntyre  Co.,  Scott  v. 
Mclsaac   v.    McMurray    (L.R.A.1916B,    769, 

—  N.  H.  — ,  93  Atl.  115) 
Mackall   v.    Pocock    (L.R.A.1917C,   390,   — 

Minn.  — ,  161  N.  W.  228) 
McKee   v.   Hughes    (L.R.A.1916D,    391,   133 

Tenn.  455,  181  S.  W.  930) 
Thompson  v. 
McKelway,  Re   (L.R.A.1917E,  1143,  221  N. 

Y.   15,   116  N.  E.   348) 
McKenna,    Hamilton   v. 

Ressell  v. 

McKenney,  Everest  v. 
Mackenzie  v.  Hare   (L.R.A.1916D,  127,  165 

Cal.  776,  134  Pac.  713) 
Mackey  v.  Lonergan  (L.R.A.1916F,  1098,  221 

Mass.    296,   108  N.  E.   1062) 
McKie    v.    McKie    (L.R.A.1915D,    1126,    — 

Ark.  — ,  172  S.  W.  891) 
McKinney  v.  Adams   (L.R.A.1915D,  442,  - 

Fla.  — ,  66  So.  988) 
McKinnon,   Diehl   v. 

v.  State  ex  rel.  Davis  (L.R.A.1916D,  90, 

—  Fla.  — ,  70  So.  557) 
McKinnon,  C.  &  Co.  v.  Caulk  (L.R.A.1915C, 

396,  167  X.  C.  411,  83 'S.  E.  559) 
McKnight,  El  Paso  Brick  Co.  v. 

v.  Minneapolis    Street    R.    Co.    (L.R.A. 

1916D,   1164,   127    Minn.    207,    149 

N.  W.  131) 
McKown,  Crow  v. 
MacLaren,  Morrison  v. 
McLaughlin  v.   Graves.     See   State  ex  rel. 

McLaughlin   v.    Graves, 
v.  United    R.    Co.    (L.R.A.1915E,   1205, 

-  Cal.  — ,  147  Pac.  14!1i 
v.  Woodmen     of    the    World     (L.R.A. 

1915B,  756,  —  Xeb.  — ,  149  X.  W. 

112) 

McLaurin,  Western  U.  Teleg.  Co.  v. 
McLeod    v.    State    (L.R.A.1916B,    1124,    — 

Tex.  Crim.  Rep.  — ,  180  S.  W.  117) 


TABLE  OF  CASES. 


491 


McMahon,   Re    (L.R.A.1917D,   778,   —   Cal. 

— ,  163  Pac.  669) 
v.  Owsley   (L.R.A.1916F,  1208,  260  111. 

43,  102  X.  E.  1010) 
McMillan     v.     American     Suburban     Corp. 

(L.R.A.1917B,    401,    —    Tenn.    — , 

188  S.  W.  615) 
McMillon,   French  v. 
McMorries,  Lee  v. 
McMurray,  Mclsaac  v. 
McMurren,  Guthrie  v. 
McNabb,  Southern  R.  Co.  v. 
McNamara     v.     McNamara     (L.R.A.1916B, 

1272,  —  Xeb.  — ,  154  X.  W.  858) 
McNary,  Hagan  v. 
McNeal,  Francis  v. 
McNichols,  Pulitzer  Pub.  Co.  v. 
McNicol,  Re    (L.R.A.1916A,  306,  215  Mass. 

497.   102   X.  E.   697) 
McNulty,  Nelson  v. 
Macpherson    v.    Buick    Motor    Co.    (L.R.A. 

1916F,    696.    217    X.    Y.    382,    111 

X.  E.  1050) 
McStay,  Wheeler  v. 
McWilliams  v.  Kentucky  Heating  Co. 

(L.R.A.1916A,  1224,  —  Ky.  — ,  179 

S.  W.  24) 

Mississippi  Central  R.  Co.  v. 
Macy  v.  Roedenbeck   (L.R.A.1916C,  12,  227 

Fed.  346) 
Madden,  Re   (L.R.A.1916D,  100Q,  222  Mass. 

487,  111  X.  E.  379) 
Eisentraut  v. 
v.  Madden   (L.R.A.1916E,  892.  169  Ky. 

367.  183  S.  W.  931) 
Maddy  v.  Prevulsky   (L.R.A.1917C,  335,  — 

Iowa.  — ,  160  X.  W.  7621) 
Madison  Ave.  Bldg.  Co.,  Reformed  Protes- 
tant Dutch  Church  v. 
Madson    v.    Christenson.     See   Christenson, 

Re. 
Maercker  v.  Milwaukee  (L.R.A.1915F,  1196, 

151  Wis.  324,  139  X.  W.  199) 
Magarity,   Model   Heating  Co.  v. 
Magill,  Stevenson  v. 
Maheu  v.  L'Union  Lafayette   (L.R.A.1917C, 

625,  —  Me.  — ,  98  Atl.  821) 
Mahoney   v.    Gamble-Desmond    Co.    (L.R.A. 

1916E,  110,  90  Conn.  255,  96  Atl. 

1025) 
Mahoney   Land  Co.  v.   Cayuga   Invest.  Co. 

(L.R.A.1916C,    939,    —    Wash.    — , 

153  Pac.  308) 
Maine  C.  R.  Co.,  Crosby  v. 

v.  National    Surety    Co.    (L.R.A.1916A, 

881,  113  Me.  465,  94  Atl.  929) 
Rogers   v. 

Maine  Farmers'  Mut.  F.  Ins.  Co.,  Gould  v. 
Major,  Wade  v. 
Malchow    v.    Leoti    (L.R.A.1915F,    568,    95 

Kan.  787,  149  Pac.  687) 
Malmo  v.  Washington  Rendering  &  F.  Co. 

(L.R.A.1917C.   440,   79   Wash.   534, 

140   Pac.   569) 
Malone,  Coffman  v. 

v.  Jones    (L.R.A.1915A.    328,    91    Kan. 

815.   139   Pac.   387) 
Maloney,  Maryland  Casualty  Co.  v. 
Manchester,  Re  (L.R.A.1917D.  629,  163  Pac. 

358 .  —  Cal.  — ) 

v.  Woltmann.     See  Manchester,  Re. 
Manchester  Street  R.  Co.,  Guevin  v. 


Manciet,  National  Sales  Co.  v. 

Mandler   v.    Starks    (L.R.A.1916E,   213,   35 

Okla.   809,  131   Pac.  912) 
Mangold    &    Glandt    Bank    v.     Utterback 

(L.R.A.1917B,  364,  —  Okla.  — ,  160 

Pac.  713) 
Mangrum  v.  Law  Union  &  Rock  Ins.  Co. 

(L.R.A.1916F,  440,  —  Cal.  — ,  157 

Pac.   239) 
Mangum    v.    Todd     (L.R.A.1915A,    382,    — 

Okla.  — ,  141  Pac.  266) 
Mangus,  Borton  v. 
Mann  v.  Glastonbury  Knitting  Co.   (L.R.A. 

1916D,   86,   90   Conn.   116,   96   Atl. 

368) 
Manning  v.  St.  Paul  Gaslight  Co.    (L.R.A. 

1915E,    1022,    129    Minn.    55,    151 

X.  W.  423) 
Manos   v.   Detroit   United    R.   Co.    (L.R.A. 

1917C,  689,  168  Mich.  155,  130  X. 

W.   664) 

Mansfield,  Palmer  v. 
Manufacturing  Co.  v.  Anderson  ( —  Mo.  — ) . 

See    State   ex    rel.   American   Mfg. 

Co.   v.    Anderson. 
v.   Beauchamp    (231    U.    S.   320).-     See 

Sturges  &  Burn  Mfg.  Co.  v.  Beau- 
champ. 
v.  Carr  ( —  Iowa,  — ).     See  Dart  Mfg. 

Co.  v.  Carr. 

v.  Drug  Co.  (—  Miss.  — ).     See  Ameri- 
can Mfg.  Co.  v.  Crescent  Drug  Co. 
v.  Havolic    (—  Wis.  — ).     See   Federal 

Rubber  Mfg.  Co.  v.   Havolic. 
v.  Stanton  (188  Mich.  237).    See  Mish- 

awaka   Woolen  Mfg.   Co.   v.   Stan- 
ton. 
v.  Western  Steel  &  I.  Works  (227  Fed. 

588).     See  Hall  Mfg.  Co.  v.  West- 
ern Steel   &   I.  Works. 
Manville  v.  King-Richardson  Co.     See  Ely 

v.   King-Richardson  Co. 
Maple  v.  Hiser  (L.R.A.1915A,  1129,  —  Ohio 

St.  —    106  X.  E.   37) 
Mara  vela  s,  Klein  v. 
Marble  &  Tile  Co.  v.  Williams  (128  Minn. 

514).     See  Xorthwestern  Marble  & 

Tile  Co.  v.  Williams. 
Marianna  Electric  Co.,  Hunt  v. 
Marietta  Torpedo  Co.,  Merrill  v. 
Marion  Hotel  Co.,  Urquhart  v. 
Market    Nat.    Bank    v.    Raspberry    (L.R.A. 

1916E,  79,  34  Okla.  243,  124  Pac. 

758) 
Marks    v.    Anchor    Savings    Bank    (L.R.A. 

1916E,   906,   252   Pa.   304,   97   Atl. 

399) 

Marlborough-Hudson  Gas  Co.,  MacGinnis  v. 
Marlin,  Louisville  &  N.  R.  Co.  v. 
Marlow    v.    Ringer    (L.R.A.1917D,    619,   — 

W.  Va.  — ,  91  S.  E.  386) 
Marquet  v.  JEtna  L.  Ins.  Co.  (L.R.A.1915B, 

749,  —  Tenn.  — ,  159   S.  W.  733) 
Marrast,  Waples  v. 
Marron,   Re    (L.R.A.1917B,   378,  —  N.    M. 

— ,  160  Pac.  391) 
Marsdale  v.  Thames  Towboat  Co.    See  Ken- 

nerson  v.  Thames  Towboat  Co. 
Marshak  v.  Marshak  (L.R.A.1915E,  161,  — 

Ark.  — ,   170   S.   W.   567) 
Marshall,  Foy-Proctor  Co.  v. 


492 


TABLE  OF  CASES. 


Marshall  v.  Gordon   (L.R.A.1917F,  279,  243 
U.  S.  521,  61  L.  ed.  881,  37  Sup. 
Ct.  Rep.  448) 
v.  Kansas  City   (L.R.A.1915F,  1025,  95 

Kan.   548,   148   Pac.   637) 
v.    McDermitt    (L.R.A.1917C,    883,    — 

W.   Va.  — ,  90   S.   E.   830) 
v.  State    (L.R.A.1915A,    526,    —    Tex, 

Crim.  Rep.  — ,  166  S.  W.  722) 
Marshall    &    Co.    v.    Kirschbraun    &    Sons 
(L.R.A.1917E,   788,    100  Neb.   876, 
161  N.  W.  577) 

Martin   v.    Atchison,    T.    &   S.    F.    R.    Co. 
(L.R.A.1915B,    134,    92    Kan.    595, 
141  Pac.  599) 
v.  Camp   (L.R.A.1917F,  402,  219  N.  Y. 

170,  114  N.  E.  46) 
Farmers'  Security  Bank  v. 
Fidelity  &  C.  Co.  v. 
Fidelity  Trust  Co.  v. 
Johnson  v. 
v.  Superior  Court.     See  State  ex  rel. 

Martin   v.   Superior  Court. 
Martinez  v.  Vigil  (L.R.A.1915B,  291,  —  N. 

M.  — ,  142  Pac.  920) 
Martinson,   Matz   v. 
Martyn  v.   Olson    (L.R.A.1915B,  681,  —  N. 

D.  — ,  148  N.  W.  834) 
Marvel  v.  Jonah   (L.R.A.1915B,  206,  —  N. 

J.  — ,  90  Atl.  1004) 
Marx,   Re    (L.R.A.1917F,    234,   —   Cal.   — , 

164  Pac.  640) 
Maryland  Casualty  Co.,  Brassil  v. 

v.  Cherry  vale  Gas,  L.  &  P.  Co.  (L.R.A. 
1917C,  487,  99  Kan.  563,  162  Pac. 
313) 

Davies  v. 
v.  Maloney  (L.R.A.1916A,  519,  —  Ark. 

— ,  178  S.  W.  387) 
v.  Peppard  (L.R.A.1916E,  597,  —  Okla. 

— ,  157  Pac.  106) 
Welch  v. 

Maryland  E.  R.  Co.,  State  use  of  Cox  v. 
Maryland  Motor  Car  Ins.  Co.,  Cottingham  v. 
Maryland  Realty  Co.,  Byrne  v. 
Mason,  Chesapeake  &  0.  R.  Co.  v. 
Card  v. 
Jacquith  v. 
Nashville   v. 

Massachusetts  Bonding  &  Ins.  Co.,  Miller  v. 
Masters,    Rainier   v. 
Mather  v.  Field  &  Co.     See  People  ex  rel. 

Mather  v.  Field  &  Co. 

Mathison    v.    Minneapolis    Street    R.     Co. 
(L.R.A.1916D,  412,  126  Minn.  286, 
148  N.  W.  71) 
Matson  v.  Michael  (L.R.A.1915D,  1,  81  Kan. 

360,   105   Pac.   537) 
Matthews    v.    Mires    ( —    Minn.    — ).      See 

Mires,  Re. 

v.  St.  Louis,  I.  M.  &  S.  R.  Co..(L.R.A. 
1916E,  1194,  —  Ark.  — ,  185  S.  W. 
461) 

Thomas  v. 

Matups,  Chicago,  R.  I.  &  P.  R.  Co.  v. 
Matz  v.  Martinson  (L.R.A.1915B,  1121,  127 

Minn.   262,   149   X.   W.   370) 
Matzger    v.    Arcade    Bldg.    &    Realty    Co. 
(L.R.A.1915A,    288,    —   Wash.    — , 
141   Pac.  900) 
Maupin,  Talley  v. 
Mausert,  State  v. 


Maxwell,  Louisville  &  N.  R.  Co.  v. 

Maxwell  Motor  Co.,  Weaver  v. 

May  v.  Illinois  C.  R.  Co.  (L.R.A.1915A,  781. 

—  Tenn.  — ,  167  S.  W.  477) 
Wright  v. 

May    Creek   Logging   Co.   v.   Pacific   Coast 

Casualty  Co.  (L.R.A.1915C,  155,  — 

Wash.  — ,  144  Pac.  67) 
Mayo,  McFarland  v. 
Ma2ey  v.    Loveland    (L.R.A.1916F,   279,  — 

Minn.  — ,  158  N.  W.  44) 
Woolfson  v. 
Meador,  Whitley  v. 
Meaher  v.  Mitchell    (L.R.A.1915C,  467,  112 

Me.   416,   92  Atl.   492) 
Mechanics   &    Traders'    Ins.    Co.    v.    Boyce 

(L.R.A.1917E,  328,  —  Miss.  — ,  74 

So.  821) 

Mechanics'   State   Bank,   Fees  v. 
Mechling  v.  McAllister  ( —  Minn.  — ).    See 

McAllister,  Re. 
Mecklenburg  Mfg.  Co.,  Raleigh,  C.  &  S.  R. 

Co.  v. 
Medical  Co.  v.  Osborne  ( —  Iowa,  — ).    See 

Rawleigh   Medical   Co.   v.   Osborne. 
Medley,  Chicago,  R.  I.  &  P.  R.  Co.  v. 
Meek  v.  Fox    (L.R.A.1916D,  1194,  118  Va. 

774,  88  S.   E.   161) 
Meginnes  v.  Copeland    (L.R.A.1917E,  1060, 

—  Iowa,  — ,  160  N.  W.  50) 
Mehegan  v.   Boyne   City,   G.  &   A.   R.   Co. 

(L.R.A.1915E,  1170,  178  Mich.  694, 

141  N.   W.   905) 
Mehlinger,  Feeney  v. 

Melitch  v.  United  Rys.  &  Electric  Co.  (121 
Md.  457).  See  State  usfe  of  Melitcb 
v.  United  Rys.  &  Electric  Co. 

Mellen  Lumber  Co.  v.  Industrial  Com. 
(L.R.A.1916A,  374,  154  Wis.  114, 

142  N.  W.  187) 

Mellor,  Oceanic  Steam  Nav.  Co.  v. 
Melton  v.  Com.   (L.R.A.1915B,  689,  —  Ky. 

_,  170  S.  W.  37) 
Melville,  Re   (L.R.A.1916C,  98,  245  Pa.  318, 

91  Atl.  679) 
v.  Roliwage     (L.R.A.1917B.     133,     171 

Ky.  607,  188  S.  W.  638) 
Memphis   v.    State    ex   rel.    Ryals    (L.R.A. 

1916B,   1151,  --   Tenn.   — .   P.U.R 

1916A,  825,   179   S.   W.  631) 
Memphis  &  A.  City  Packet  Co.  v.  Agnew 

(L.R.A.1916A,  640,  132  Tenn.  265, 

177    S.    W.    949) 
Memphis  Street  R.  Co.  v.  Rapid  Transit  Co. 

(L.R.A.1916B,   1143,   —   Tenn.    — . 

P.U.R.1916A.  834,  179  S.  W.  G35) 
v.  Stratton      (L.R.A.1915E,     704.     13J 

Tenn.   620,   176    S.   W.    105) 
Menar  v.    Sanders    (L.R.A.3917E.  422,    169 

Ky.   285,   183    S.   W.   949) 
Menasha    Wooden    Ware    Co.,    Minneapolis 

St.  P.  &  S.  Ste.  M.  R.  Co.  v. 
Menedelson,  People  v. 
Mendota  Coal  &  Coke  Co.,  Packwood  v. 
Mendota  Coal  Co.,  King  v. 
Mengel  Box  Co.  v.  Sea    (L.R.A.1916D,  108, 

167  Ky.  193,  ISO  S.  W.  347) 
Meramec  Quarry  Co.,  Hunicke  v. 
Mercantile  Co.  v.  Insurance  Co.   (49  Mont. 

430).      See   Valley    Mercantile   Co. 

v.  St.  Paul  F.  &  M.  Ins.  Co. 
Merchants  &  M.  Sav.  Bank,  Parrish  v. 


TABLE  OF  CASES. 


493 


Merchants'  &  P.  Dist.  Teleg.  Co.,  O'ConneU  | 

v. 
Merchants   &   Planters'   Bank   v.   Brigman 

(L.R.A.1917E,  825,  —  S.  C.  — ,  91 

S.   E.   332) 
Merchants'  Cotton  Press  &  S.  Co.  v.  Miller 

(L.R.A.1916F,   1137,   —  Tenn.   — , 

186  S.  W.  87) 
Merchants'    Legal    Stamp    Co.    v.    Murphy 

(L.R.A.1915D,  520,  220  Mass.  281, 

107  N.  E.  968) 
Meridian    v.    Crook    (L.R.A.1916A,   482,   — 

Miss.   — ,   69    So.    182) 
Meridian   Life   Ins.   Co.  v.   Milam    (L.R.A. 

1917B,  103,  172  Ky.  75,  188  S.  W. 

879) 
Merrill    v.    Hodson    (L.R.A.1915B,    481.    88 

Conn.  314,  91  Atl.  533) 
v.  Marietta  Torpedo  Co.  (L.R.A.1917F, 

1043,  —  W.  Va.  — ,  92  S.  E    112) 
Merritt  v.  Cravens    (L.R.A.1917F,  935,  168 

Ky.  155,  181  S.  W.  970) 
Merten,  Sioux  City  Foundry  &  Mfg.  Co.  v. 
Merton   v.    Puffer    (L.R.A.1917A,    443,    157 

Wis.  576,  147  N.  W.  993) 
Metcalf  v.  District  Court  (—  Mont.  — ) .    See 

State   ex   rel.   Metcalf   v.   District 

Court. 
v.  State    (L.R.A.1916E,    595,   —   Okla. 

— ,  156  Pac.  305) 
Metropolitan  Bldg.  Co.,  Beatty  v. 
Metropolitan  Casualty  Ins.  Co.,  Neill  v. 
Metropolitan   Invest.   Co.,   Dibbert  v. 
Metropolitan  L.  Ins.  Co.  v.  Nelson   (L.R.A. 

1916F,  457,  170  Ky.  674,  186  S.  W. 

520) 

Metzler,  Coon  v. 
Mewhinney,  State  v. 
Meyer,    Re    (L.R.A.1915C.    615,   209    N.    Y. 

386,   103   N.   E.   713) 
v.  Hodge  (L.R.A.1916E,  1207,  —  Wash. 

— ,  157   Pac.  42)  . 
Moriarity  v. 
Michael,  Finch  Bros.  v. 
Matson  v. 
State  v. 

Michal,  Soper  v. 
Michigan  C.  R.  Co.,  Guastelo  v. 

Mollica  v. 

Michigan  Screw  Co.,  McCoy  v. 
Michigan  Sugar  Co.,  Hopkins  v. 
Mid-Continent  Oil  Development  Co.,  Lavery 

v. 
Middleby,  Re    (L.R.A.1915F,  1041,  249   Pa. 

203.  94  Atl.   820) 
Midland  Savings  &  L.  Co.  v.  Beats  (L.R.A. 

1916D,  745,  —  Okla.  — ,  150  Pac. 

868] 
Midland  Valley  R.  Co.  v.  Fulgham   (L.R.A. 

1917E,    1,   104   C.    C.    A.   151,   181 

Fed.  91) 
v.  Toomer  (L.R.A.1917D,  344,  —  Okla. 

— .  162  Pac.  1127) 
Mier,  Evatt  v. 
Mikeska,  Atwood  v. 
Milan,  Meridian  Life  Ins.  Co.  v. 
Miles    v.    Cheyenne    (L.R.A.1917D,   258,   96 

Xeb.  -703.  148  N.  W.  959) 
Miles  City,  Milligan  v. 
Miller,  Re   (L.R.A.1915C,  736,  —  Iowa,  — , 

149  N.  W.  227) 


Miller,  Re  (L.R.A.1915D,  856,  90  Kan.  819, 

136  Pac.  255) 
v.  American  Steel  &  Wire  Co.   (L.R.A. 

1916E,  510,  90  Conn.  349,  97  Atl. 

345) 
v.  Gillespie  (L.R.A.1917E,  774,  —  Mich. 

— ,  163  N.  W.  22) 
v.  Harvey  (L.R.A.1917F,  559,  221  N.  Y. 

54,  116  N.  E.  781) 
v.  Keaton    (L.R.A.1915C,  690,  260  Mo. 

708,  168  S.  W.  1140) 
v.  Massachusetts  Bonding  &  Ins.   Co 

(L.R.A.1915D,    615,    247    Pa.    182, 

93  Atl.  320) 

Merchants'  Cotton  Press  &  S.  Co.  v. 
v.  Miller  (L.R.A.1915A,  671,  91  Kan.  1, 

136  Pac.  953) 
v.  Miller  (L.R.A.1915D,  852,  —  Vt.  — , 

92  Atl.  9) 
Milwaukee  v. 
Muskogee  v. 
People  v. 
v.  Public  Service  R.  Co.   (L.R.A.I015C. 

604.  85  N.  J.  L.  631,  92  Atl.  343) 
v.  Sire  (L.R.A.lfll6D,  1211,  140  C.  C.  A. 

118,  224  Fed.  424) 
State  v. 
v.   State    (L.R.A.1015A,    1088,   9   Okla. 

Crim.  Rep.   255,   131   Pac.   717) 
v.    State    (L.R.A.1917D,   383,   —   Okla. 

Crim.  Rep.  — ,  163  Pac.  131) 
Steele,  H.  &  M.  Co.  v. 
Sutherland  v. 
v.  Toles  (L.R.A.1915C,  595,  —  Mich.  — , 

150  N.  W.  118) 
Wilberding  v. 
v.  Wilson  (L.R.A.1915F.  829,  236  U.  S. 

373,  59  L.  ed.  628,  35  Sup.  Ct.  Rep. 

342) 
Miller  Bros.  Grocery  Co.,  Re   (L.R.A.1916B, 

1099,   135   C.   C.   A.   521,   219   Fed. 

851) 
Miller  Levee  District,  St.  Louis  S.  W.  R.  Co. 

v. 
Milligan   v.   Miles   City    (L.R.A.1916C,  395, 

—  Mont.  — .  153  Pac.  276) 
Milliken  v.  Travelers'  Ins.  Co.  (L.R.A.1916A, 

337,  216  Mass.  293,  103  N.  E.  898) 
Millikin,  Bradshaw  v. 
Milling  &  Grain  Co.  v."  Runkles    (118  Md. 

371).     See  Mount  Airy  Milling  & 

Grain  Co.  v.  Runkles. 
Milling  Co.  v.  Allen  &  Wheeler  Co.  (208  Fed. 

513).      See    Hanover    Star    Milling 

Co.  v.  Allen  &  Wheeler  Co. 
v.  Kansas  Postal  Teleg.-Cable  Co.   ( — 

Kan.  — ).    See  Shawnee  Milling  Co. 

v.  Kansas  Postal  Teleg.-Cable  Co. 
1  Mills,  Peet  v. 
'  Milner  v.  Gatlin  (L.R.A.1916B,  977,  143  Ga. 

816,  85  S.  E.  1045) 
Milton,  Hemenway  v. 
Milwaukee  v.  Althoff  (L.R.A.1916A,  327,  156 

Wis.  68,  145  N.  W.  238) 
Bernstein  v. 
Maercker  v. 
v.  Miller  (L.R.A.1916A,  1,  154  Wis.  652, 

144  X.  W.  188) 

Milwaukee  Electric  R.  &  L.  Co.,  Lipps  v. 
v.    Railroad    Com.     (L.R.A.1915F,    744, 

153  Wis.  592,  142  X.  W.  491) 


494 


TABLE  OF  CASES. 


Milwaukee  Mechanics'  Ins.  Co.  v.  Ramsey 

(L.R.A.1916A,  556,  —  Or.  — ,  149 

Pac.  542) 

Mims,  Knights  of  Phythias  v. 
Mineral  Land  Invest.  Co.  v.  Bishop  Iron  Co. 

(L.R.A.1917D,    900,    -       Minn..  — , 

159  X.  W.  966) 
Mineral  Park  Land  Co.  v.  Howard  (L.R.A. 

1916F,  1,  —  Cal.  — ,  156  Pac.  458) 
Mining  &   Mill.  Co.   v.   Otterson    (16   Ariz. 

305).     See  Tube  City  Min.  &  Mill. 

Co.  v.  Otterson. 
Mining  &  Smelting  Co.  v.  Public  Utilities 

Commission   (26  Idaho,  391).     See 

Federal    Min.    &    Smelting    Co.    v. 

Public   Utilities   Commission. 
Mining  Co.  v.  De  York  ( —  Okla. — ).    See 

Folsom-Morris    Coal    Min.    Co.    v. 

De  York. 
v.  District  Court    (—  Minn.  — ).     See 

State  ex   rel.  Adriatic  Min.  Co.  v. 

District  Court. 

v.  Hall  (—  Okla.  — ).     See  Cabin  Val- 
ley Min.  Co.  v.  Hall, 
v.  Imperator-Quilp  Co.   ( —  Wash.  — ). 

See  Golden  Eagle  Min.  Co.  v.  Im- 
perator-Quilp  Co. 
v.  Tyberg  ( —  C.  C.  A.  — ).    See  Pioneer 

Min.   Co.   v.  Tyberg. 
Minneapolis,  Ackeret  v. 

Bainbridge  v. 
Minneapolis   &   St.   L.   R.   Co.  v.  Bombolis 

(L.R.A.1917A,   86,   241   U.    S.   211, 

60   L.    ed.   961,    36    Sup.    Ct.   Rep. 

595) 
Minneapolis    Iron    Store    Co.    v.    Branum 

(L.R.A.1917E,   298,   36   N.   D.   355, 

162  X.  W.  543) 
Minneapolis,  St.   P.  &  'S.   Ste.   M.   R.  Co., 

Christopherson  v. 
Heath  V. 
Le  Beau  v. 
v.  Menasha  Wooden  Ware  Co.   (L.R.A. 

1915F.   732,  159  Wis.   130,   150  X. 

W.  411) 
Rebillard  v. 
v.  State  ex  rel.  McCue.  See  Xorthern 

P.  R.  Co.  v.  State  ex  rel.  McCue. 
Minneapolis,  St.  P.  R.  &  D.  Elec.  T.  Co., 

Grimes  v. 
Minneapolis  Street  R.  Co.,  McKnight  v. 

Mathison  v. 
Minneapolis   Threshing   Mach.   Co.,   Heitsch 

v. 
v.  Roberts   County    (L.R.A.1915D,  886, 

—  S.  D.  — ,  149  X.  W.  163) 
Minner  v.  Great  Western  Acci.  Asso.  (L.R.A. 

1917D,  738,  90  Kan.  575,  162  Pac. 

1160) 
Minnesota,  D.  &  P.  R.  Co.  v.  Way  (L.R.A. 

1915B,  925,  —  S.  D.  — ,  148  N.  W. 

858) 

Minnesota,  D.  &  W.  R.  Co.,  Brennan  v. 
Minnesota  Loan  &  T.  Co.  v.  Probate  Court. 

See  State  ex  rel.  Minnesota  Loan 

&  T.  Co.  v.  Probate  Court. 
Minnesota  Mut.  L.  Ins.  Co.  v.  Tagus  State 

Bank   (L.R.A. 1917 A,  519,  34  N.  D. 

566,  158  X.  W.  1063) 
Minnich,  Com.  v. 
Mintz  v.  Soule   (L.R.A.1916B,  15,  182  Mich. 

564,  148  X.  W.  769) 


Mires,  Re   (L.R.A.1917B,  676,  —  Minn.  — , 

160  N.  W.  187) 
Matthews  v. 
Misamore    v.    Berglin    (L.R.A.1916F,    1024, 

—  Ala.  — .  72  So.  347) 
Mishawaka    Wcolen    Mfg.    Co.    v.    Stanton 
(L.R.A.1917B,  651,   188  Mich.   237, 
154  X.  W.  48) 
Missio   v.   Williams    (L.R.A.1915A,   500,  — 

Tenn.  — ,  167  S.  W.  473) 
Mississippi  C.  R.  Co.  v.  Hattiesburg  Trac- 
tion Co.  (L.R.A.1915D,  843,  —  -Miss. 
— ,  67  So.  897) 
v.    McWilliams    (L.R.A.1917B,  515,   — 

Miss.  — ,'  72  So.  !)2:>< 
Mississippi  Levee,  Jones  v. 
Mississippi   R.    Com.    v.   Illinois    C.    R.    Co. 
(L.R.A.1!)17D,    907,    —    Mi^s.    — , 
73  So.  878) 
Mississippi  River  Power  Co.,  Watson  v. 

Wissmath  Packing  Co.  v. 
Missouri  &  N.  A.  R.  Co.,  Bellamy  v. 
Missouri  Athletic  Club,  State  ex  inf.  Harvey 

v. 

Missouri,  K.  &  T.  R.  Co.  v.  Ashinger  f L.R.A. 
1917D.  1180,  —  Okla.  — .  162  Pac. 
814) 
v.    Bradshaw     (L.R.A.1917F,    1013,    37 

Okla.  317.  132  Pac.  327) 
v.  Ellis   (L.R.A.1916E,  100,  —  Okla.—, 

156  Pac.  226) 

v.  Harris  ( L.R.A.  1915E,  942,  234  U.  S. 
412,   58   L.   ed.    1377,   34   Sup.   Ct. 
Rep.   790. 
Ray  v. 
State  v. 

Missouri,  0.  &  G.  R.  Co.,  Wilhelm  v. 
Missouri  P.  R.  Co.,  Anderson  v. 
Bumstead  v. 
Rail  Grain  Co.  v. 
v.   Sproul    (L.R.A.1917C,   772,  99   Kan. 

608.  162  Pac.  293) 
Mitchell  v.  Abernathy  (L.R.A.1917C,  6,  194 

Ala.   608,  69   So.   824) 
Crow  v. 
v.  Hopper   (L.R.A.1915B,  1013,  —  Ark. 

— ,  170  S.  W.  231) 
Keen  v. 
v.  Langley  (L.R.A.1916C,  1134.  143  Ga. 

827,  85  S.  E.  1050. 
Meaher  v. 
v.    State    (L.R.A.1916C,    580,    --    Tex. 

Crim  Rep.  — ,  180  S.  W.  115) 
Mitchell  Bros.  Co.,  Doyle  v. 
Moberg  v.  Scott    (L.R.A.1917D.   732.  —  S. 

D.  — .  161  X.  W.  998) 

Mobile  &  0.  R.  Co.  v.  Greenwald  (L.R.A. 
1917B,  924,  104  Miss.  417,  61  So. 
426) 

Guaranty  Trust  Co.  v. 
Mobile  Infirmary  Asso.,  Tucker  v. 
Model    Heating    Co.    v.    Magarity     (L.R.A. 
1915B,  665,  2  Boyce  (Del.)  459,  81 
Atl.  394) 

Modern  Brotherhood  of  A.  v.  Bailey  (L.R.A. 
1916A,  551,  —  Okla.  — .  150  Pac. 
673) 

Modern  Woodman  of  America,  Bosler  v. 
Brown  v. 

v.  Ghromley      (L.R.A.1915B,     728,     — 
Okla.  — ,  139  Pac.  306) 


TABLE  OF  CASES. 


495 


Modern   Woodmen    of   America    v.    Headle 
(L.R.A.1915A,   580,  —  Vt.   — ,  90 
Atl.  893) 
Hines  v. 
Keith  v. 
Page  v. 
Ridgeway  v. 
Moffett,  Hood  v. 
Moha  v.  Hudson  Boxing  Club  (L.R.A.1917B, 

1238,  —  Wis.  — ,  160  N.  W.  266) 
Mohall  Teleph.  Co.,  Jacobson  v. 
Moll,  Calahan  v. 

Mollica  v.  Michigan  C.  R.  Co.  (L.R.A.1917F, 
118,  170  Mich.  96,  135  N.  W.  927) 
Mollier,  State  v. 
Mollohan   v.    Cavender    (L.R.A.1917D,   248, 

75  W.  Va.  36,  83  S.  E.  78) 
Monarch  Refrigerating  Co.,  Hobbs  v. 
Monfort,  State  ex  rel.  Willis  v. 
Monidah  Trust,  Conway  v. 
Montenegro-Riehm     Music     Co.     v;    Beuris 
(L.R.A.1916C,  557,  160  Ky.  557,  169 
S.  W.  986) 

Montgomery,  Johns  v. 

Montgomery  Light  &  Traction  Co.  v.  King 
(L.R.A.1915F,   491,    187    Ala.    619, 
65  So.  998) 
Moody,  vSkagit  State  Bank  v. 

Tennessee  Coal,  I.  &  R.  Co.  v. 
Moon,  Daboll  v. 
Moon  Lake  Ice  Co.,  Ramlow  v. 
Moore  v.  JEtna  L.  Ins.   Co.    (L.R.A.1915D, 

264,  —  Or.  — ,  146  Pac.  151) 
Henschke  v. 
v.  Keystone   Driller  Co.    (L.R.A.1917D, 

940,  —  Idaho,  — ,  163  Pac.  1114) 
Preston  v. 
Roberson  v. 
v.    Rowlett    (L.R.A.1916C,   89,    269    111. 

88,  109  N.  E.  682) 
Winston  v. 
Moorhead,  Best  v. 
Moosbrugger,  Hulley  v. 
Mooy  v.  Gallagher    (L.R.A.1916C,  1040,  36 

R.  I.  405,  90  Atl.  663) 
Morawetz,  Thompson-McDonald  Lumber  Co. 

v. 

More,  Santa  Barbara  County  v. 
Moreau    Lumber    Co.    v.    Johnson    (L.R.A. 
1915F.  1132,  29  N.  D.  113,  150  N. 
W.  563) 
Morecraft  v.  Allen    (L.R.A.1915B,  1,  78  N. 

J.  L.  729,  75  Atl.  920) 
Moree,  Black  v. 

Morehead,  State  ex  rel.  Wooldridge  v. 
Moreland    v.    People's    Bank    (L.R.A.1917F, 

263,  —  Miss.  — .  74  So.  828) 
v.   State    (L.R.A.1917A,    140,   125   Ark. 

24,  188  S.  W.  1)  i 

Morgan   v.    American    C.    Ins.    Co.    (L.R.A. 
1917D,  1049,  —  W.  Va.  — ,  92  S.  E. 
84) 
v.  Bartlett    (L.R.A.1915D,    300,   —   W. 

Va.  — ,  83  S.  E.  1001) 
Bertram  v. 
Caples  v. 
Hildreth  v. 
v.  Salmon  (L.R.A.1915B,  407,  —  X.  M. 

— .  135  Pac.  553) 

v.  United  States  Mortg.  &  T.  Co. 
(L.R.A.1915D.  741,  208  X.  Y.  218, 
101  X.  E.  871) 


Morgan's  Louisiana  &  T.  R.  &  S.  S.  Co., 

Guidry  v. 
Moriarity  v.  Meyer  (L.R.A.1916E,  1165,  — 

N.  M.  — ,  157  Pac.  652) 
Moroder  v.  Fox  (L.R.A.1917B,  238,  155  Wis. 

503.  143  X.  W.  1040) 
Morong  v.  Spofford   (L.R.A.1915B,  387,  218 

Mass.  50,  105  N.  E.  454) 
Morris,  Howland  v. 

State  v. 

Morris  County  Traction  Co.,  Summit  v. 
Morrisey  v.  Williams  (L.R.A.1915D,  792,  — 

W.  Va.  — ,  82  S.  E.  509) 
Morrison  v.    MacLaren    (L.R.A.1915E,   469, 

160  Wis.  621,  152  X.  W.  475) 
Morrison  &  Sons  Co.,  State  ex  rel.  Corpora- 
tion Com.  v. 

Morrow  v.  Adams.     See  Adams,  Re. 
Mortgage   &   Invest.   Co.  v.   Giacomini    (55 

Colo.  540).    See  Colorado  Mortg.  & 

Invest.  Co.  v.  Giacomini. 
Morton  v.  Allen  (L.R.A.1916B,  11,  180  Ala. 

279,  60  So.  866) 

Morton  County,  Northern  Pacific  R.  Co.  v. 
Moseley   v.    Taylor    (L.R.A.1917E,   875,   — 

X.  C.  — ,  91  S.  E.  1035) 
Mosing,  Van  Eman  v. 
Moss   v.   Campbells    Creek    R.    Co.    (L.R.A. 

1915C,  1183,  —  W.  Va.  — ,  83  S.  E. 

721) 
v.  State   (L.R.A.1915D,  361,  131  Tenn. 

94,  173  S.  W.  859) 
Mosso    v.   Stanton   Co.    (L.R.A.1916A,    943, 

75  Wash.  220,  134  Pac.  941) 
Mother's  Assistance  Fund  v.  Powell.     See 

Com.    ex    rel.    Mother's   Assistance 

Fund  v.  Powell. 
Motion   Picture   Patents    Co.    v.   Universal 

Film  Mfg.  Co.  (L.R.A.1917E,  1187, 

243   U.   S.   502,   61  L.   ed.   871,   37 

Sup.  Ct.  Rep.  416) 
Motlow    v.    State    (L.R.A.1916F,    177,    125 

Tenn.  547.  145  S.  W.  177) 
Motsenbocker   v.   Shawnee    Gas    &   E.    Co. 

(L.R.A.1916B,    910,    —    Okla.    -^, 

152  Pac.  82) 
Mott  v.  Hull   (L.R.A.1916B,  1184,  —  Okla. 

— ,  152  Pac.  92) 
Mott  Iron  Works  v.  Arnold    (L.R.A.1915D, 

1028.  35  R.  I.  456,  87  Atl.  17) 
Moulden,  Parlin  &  0.  Implement  Co.  v. 
Mountain  Railway  Constr.  Co.,  Pointer  v. 
Mountain  Timber  Co.,  State  v. 
Mount  Airy  Milling  &  Grain  Co.  v.  Runkles 

(L.R.A.1915E,  373,  118  Md.  371,  84 

Atl.  533) 
Mo  Yaen  v.  State    (L.R.A.1917D,  1014,  18 

Ariz.  491,  163  Pac.  135) 
Moyer,  Benson  Hospital  Asso.  v. 

Tryon  v. 
Moynihan,  Re  (L.R.A.1916D,  1127,  —  Iowa, 

— ,  151  X.  W.  504) 
Mueller,  People  v. 
Mulchanock  v.  Whitehall  Cement  Mfg.  Co. 

(L.R.A.1917A,   1015,    253    Pa.   262, 

98  Atl.  554) 
Mullen    v.    Otter    Tail    Power    Co.    (L.R.A. 

1916D,  447,  130  Minn.  386,  153  X. 

W.  746) 

Mullin,  Seaboard  Air  Line  R.  Co.  v. 
Munday  v.  Southern  R.  Co.    See  Woodward. 

v.  Southern  R.  Co. 


496 


TABLE  OF  CASES. 


Munding    v.    Industrial    Commission.      See 
State  ex  rel.  Munding  v.  Industri- 
al Commission. 
Hunger,  Focks  v. 
Municipal  Excavator  Co.,  Southern  Surety 

v. 

Munn  &  Co.  v.  Americana  Co.  (L.R.A.1916D, 

116,  83  N.  J.  Eq.  309,  91  Atl.  87) 

Munroe  v.  United  States  (L.R.A.1915B,  980, 

—  C.  C.  A.  — ,  216  Fed.  107) 
Munson  v.  De  Tamble  Motors  Co.   (L.R.A. 
1915A,  881,  88  Conn.  415,  91  Atl. 
531) 

Murchison,  Farrell  v. 
Murdoch,  Locke  v. 

Murphy    v.    Continental    Ins.    Co.    (L.R.A. 
1917B,  934,  —  Iowa,  — ,  157  N.  W. 
855) 
v.  Hofman  Co.   (L.R.A.1916A,  634,  215 

N.  Y.  185,  109  N.  E.  101) 
v.  Hohne  (L.R.A.1917F,  594,  —  Fla.  — , 

74  So.  973) 
Lewinn  v. 

Merchants'  Legal  Stamp  Co.  v. 
v.    National    Travelers'    Benefit    Asso. 
(L.R.A.1917C,    338,    —    Iowa,    — , 
161  N.  W.  57) 
v.  Nett  (L.R.A.1915E,  797,  —  Mont.  — , 

149  Pac.  713) 

v.  Pere  Marquette  R.  Co.  (L.R.A.1915C, 

536,  —  Mich.  — ,  150  N.  W.   122) 

v.  Wolfer.    See  State  ex  rel.  Murphy  v. 

Wolfer. 
v.  Yonkers    (L.R.A.1915F,  598,  213  N. 

Y.  124,  107  N.  E.  267) 
.  Murray,  Andre  v. 

v.  Public  Utilities  Commission  (L.R.A. 
1916F,  756,  27  Idaho,  603,  150  Pac. 
47) 

Roller  v. 
v.    Thompson    (L.R.A.1917B,    1172,   — 

Tenn.  — ,  188  S.  W.  578) 
Murrey,  Ketler  v. 

Music  Co.  v.  Beuris  (160  Ky.  557).  See 
Montenegro-Riehm  Music  Co.  v. 
Beuris. 

Music  House  v.  Douglass   (90  Wash.  683). 
See  Eilers  Music  House  v.   Doug- 
lass. 
Musicians'  Protective  Union,  Local  No.  198, 

Rhodes  Bros.  Co.  v. 
Muskogee  v.  Hancock  (L.R.A.1916F,  897,  — 

Okla.  — ,  158  Pac.  622) 
v.   Miller    (L.R.A.1915D,  243,  —  Okla. 

— ,  145  Pac.   782) 
Muskogee  County,  Western  C.  &  G.  Ins.  Co. 

v. 

Muskogee  Electric  Traction  Co.  v.  Mclntire 
(L.R.A.1916C,    351,   37    Okla.    684, 
133  Pac.  213) 
Muskogee  Pipe  Line  Co.,  First  Nat.  Bank 

v. 

Mutual  Ben.  L.  Ins.  Co.  v.  Chattanooga  Sav. 
Bank  (L.R.A.1916A,  669,  —  Okla. 
— ,  150  Pac.  190) 

Mutual  L.  Ins.  Co.  v.  Board,  Armstrong  & 
Co.  (L.R.A.1915F,  979,  115  Va.  836, 
80  S.  E.  565) 
v.  Dibrell  (L.R.A.1917E,  554,  137  Tenn. 

528.  194  S.  W.  581) 
v.  Stephens.  (L.R.A.1917C,  809,  214  X. 
Y.  488,  108  X.  E.  856) 


Mutual  Steamship  Co.,  Lindstrom  v. 
Myatt-Dicks  Motor  Co.,  Wilkerson  v. 
Myers,  Benjamin  Rose  Institute  v. 
Carey  v. 
v.  Denver  &  R.  G.  R.  Co.  (L.R.A.1917D, 

287,  —  Colo.  — ,  157  Pac.  196) 
Howe  v. 
Jackson  v. 
v.   State    (L.R.A.1915C,   302,   111   Ark. 

399,  163  S.  W.  1177) 
v.  Steele  (L.R.A.1917C,  4,  98  Kan.  577, 

158  Pac.  660) 
Myler,  Re   (L.R.A.1917A,  448,  —  Minn.  — , 

158  N.  W.  395) 

Mylius  v.  Cargill  (L.R.A.1915B,  154,  —  N. 
M.  — ,  142  Pac.  918) 


N. 


Nabors  v.  Producers'  Oil  Co.  (L.R.A.1917D, 

1115,  140  La.  985,  74  So.  527) 
Nadel   v.    Weber   Bros.    Shoe    Co.    (L.R.A. 
1916D,    1230,    —    Fla.    — ,    70    So. 
20) 

Nagle,  State  v. 
Nahser   v.    Chicago    (L.R.A.1916D,    95,   271 

111.  288,  111  N.  E.  119) 
Nance,  Fouts  v. 

Nashua    River    Paper    Co.   v.    Hammermill 
Paper  Co.    (L.R.A.1916D.  691,  223 
Mass.  8,   111  N.  E.   678) 
Nashville  v.  Burns  (L.R.A.1915D,  1108,  131 

Tenn.  281,  174  S.  W.   1111) 
v.  Mason   (L.R.A.1917D,  914,  —  Tenn. 

— ,  192  S.  W.  915) 
Saulman   v. 

Nashville,   C.  &  St.  L.   R.  Co.,  Howard  v. 
v.  Hubble   (L.R.A.1015E,  1132,  140  Ga. 

368,  78  S.  E.  919) 

Nashville  Interurban  R.  Co.,  Hogan  v. 
National   Advertising    &   A.   Co.,    Green   v. 
National  American,  Sluder  v. 
National  Bank  v.   Cazort  &   McGehee   Co. 
(123    Ark.    605).      See    First    Nat. 
Bank  v.   Cazort  &  McGehee. 
Newbern  v. 
v.  Smith    (L.R.A.1915B,    1116,    —    Ga. 

— ,  83  S.  E.  526) 

National  Bank  of  Commerce  v.  Bossemeyer 
(L.R.A.1917E,  374,  —  Neb.  — ,  1G2 
N.  W.  503) 
v.  First  Nat.  Bank   (L.R.A.1916E,  537, 

—  Okla.   — ,   152   Pac.   596). 
Johnson  v. 
National  Banner  Pub.  Co.,  Fourth  Nat.  Bank 

v. 

National  F.  Ins.  Co.  v.  Dennison  (L.R.A. 
1916F,  992,  —  Ohio  St.  — ,  113 
N.  E.  260) 

National  Life  Ins.  Co.,  Dawson  v. 
Duvall  v. 
v.  Hale  (L.R.A.1916E,  721,  —  Okla.  — , 

154  Pac.  536) 
National  Sales  Co.  v.  Manciet  (L.R.A.1917D, 

485,  162  Pac.  1055) 
National  Surety  Co.,  American  Sav.  Bank 

&  T.  Co.  v. 
Maine    C.    R.    Co.    v. 
v.  United  States  use  of  Pittsburgh  & 

B.  Co.    (L.R.A.1917A,   336,   143    C. 

C.  A.    09,    228    Fed.    577) 
Wisconsin   Brick    Co.    v. 


TABLE  OF  CASES 


497 


National  Travelers'  Benefit  Asso.,  Murphy  v. 
National  Union  F.  Ins.  Co.,  JEtna  L.  Ins. 

Co.  v. 

v.  Alexander    ( —   Ky.    — ).      See    Na- 
tional Union  F.  Ins.  Co.  v.  Crutch- 
tield. 
v.  Crutchfield    (L.R.A.1915B,    1094,    — 

Ky.  — ,  170  S.  W.  187) 
v.  School  District  No.  55  (L.R.A.1916D, 

238,  —  Ark.  — ,  182  S.  W.  547) 
National  Wholesale  Grocery  Co.,  American 

Locomotive   Co.   v. 

Natural  Gas  Co.  v.  Lee  (115  Ark.  288).    See 

Arkansas  Natural  Gas  Co.  v.  Lee. 

Navigation  Co.  v.  Mellor   (233  U.  S.  718). 

See    Oceanic    Steam    Nav.    Co.    v. 

Mellor. 

Neal,  Davis  v. 

Neas  v.  Whitener-London  Realty  Co. 
(L.R.A.1916A,  525,  —  Ark.  — ,  178 
S.  W.  390) 

Nebraska  Seed  Co.,  Harsh  v. 
Neely  v.  Tennessee,  G.  &  A.  R.  Co.  (L.R.A. 
1916F,    819,   —   Ga.   — ,   89    S.    E. 
325) 

Negaunee   Nat.   Bank  v.   Le   Beau    (L.R.A. 
1917D,  852,  —  Mich.  — ,  161  N.  W. 
974) 
Neiberg  v.  Cohen  (L.R.A.1915C,  483,  —  Vt. 

— ,   92   Atl.   214) 

Neill    v.    Metropolitan    Casualty    Ins.    Co. 
(L.R.A.1916E,    825,    —    Tenn.    — , 
185  S.  W.  701) 
0.  K.  Transfer  &  S.  Co.  v. 
Neill    Co.    v.    Rumpf    (L.R.A.1917C,    1199, 

148  Ky.  810,  147  S.  W.  910) 
Nekoosa-Edwards   Paper   Co.   v.   Industrial 
Com.   (L.R.A.1916A,  348,  154  Wis. 
105,   141  N.  W.   1013) 
Nelson   v.   Eichoff    (L.R.A.1916F,    1063,   — 

Okla.  — ,  158  Pac.  370) 
Farmer's  Nat.  Bank  v. 
v.  McNulty  (L.R.A.1917C,  431,  —  Minn. 

— ,  160  N.  W.  795) 
Metropolitan  L.  Ins.  Co.  v. 
Nesbit  v.  Giblin  (L.R.A.1915D,  477,  96  Neb. 

369,  148  N.  W.  138) 
Nett,  Murphy  v. 
Nettleton  v.   Cook   (L.R.A.1917D,   1194,  — 

Idaho,  — ,  163  Pac.   300) 
Neubrand  v.   Kraft    (L.R.A.1915D,  691,  — 

Iowa,  — ,  151  N.  W.  455) 
Neuman    v.    Knights    of    Pythias     (L.R.A. 
1916C,   1051,  —  Miss.   — ,   70   So. 
241) 

Nevada,  Callahan  v. 
Nevada-California-Oregon  R.  Co.,  Burrus  v. 

Levy  v. 

Nevich  v.  Delaware,  L.  &  W.  R.  Co.  (L.R.A. 
1917  E.    847,   —  N.   J.   L.   — ,   100 
Atl.  234) 
New  v.  Smith    (L.R.A.1915F,  771,  94  Kan. 

6,  145  Pac.  880) 
Wilson  v. 

New  Amsterdam   Casualty  Co.  v.  Johnson 
(L.R.A.1916B.    1018,    91    Ohio    St. 
155,   110  N.   E.   475) 
'Rathman  v. 

Newark  v.  Dold.    See  Maple  v.  Hiser. 
Newbern    v.    National   Bank    (L.R.A.1917B, 

1019,   234   Fed.   209) 
Weil,   Roth   &   Co.  v. 

L.R.A.  Tri.  Index  1915-17.^32. 


Newburyport,   Kelleher  v. 
New  Dells  Lumber  Co.,  Venn  en  v. 
New  England  Casualty  Co.,  Hires  v. 
New  England  Cement  Gun  Co.  v.  McGivern 
(L.R.A.1916C,  986,  218   Mass.   198, 

105  N.  E.  885) 

New  England  Order  of  Protection  v.  Syl- 
vester (L.R.A.1917C,  925,  —  Me 
— ,  99  Atl.  655) 

New  Haven,  Pope  v. 

Newkirk  Creamery  &  Ice  Co.,  Huster  v. 

Newman,  Re  (L.R.A.1916C,  1145,  222  Mass. 
563,  111  N.  E.  359) 

New  Orleans  v.  Sanford  (L.R.A.1916A,  1228, 

—  La.  — ,  69  So.  35) 
v.  Toca    (L.R.A.1917E,  761,  —  La.  — , 
75   So.  238) 

New   Orleans  &   N.  E.  R.   Co.,  Mclnnis  v. 

New   Orleans,   G.   N.   R.   Co.,  Patterson  v. 

New  Orleans,  K.  &  Light  Co.,  Bofill  v. 

Newport,  Campbell  County  v. 

Newsome,  Columbus  R.  Co.  v. 

New  Ulm,  Frasch  v. 

New    York,    Re     (L.R.A.1916A,    1290,    215 

N.  Y.  109,  109  N.  E.  104) 
Gaines  v. 
Lincoln  Safe  Deposit  Co.  v. 

New  York  C.  &  H.  R.  R.  Co.,  Armstrong  Co. 

v. 
v.  Buffalo    (L.R.A.1917A,    472,    218    N. 

Y.  259,  112  N.  E.  721) 
v.  Central   Massachusetts   Electric    Co. 
(L.R.A.1915B,   822,   219    Mass.    85, 

106  N.  E.  566) 
Kelliher  v. 

New  York,  C.  &  St.  L.  R.  Co.,  Ransom  v. 
New  York  C.  R.  Co.  v.  White  (L.R.A.1917D, 
1.  243  U.  S.  188.  61  L.  ed.  C67,  37 
Sup.  Ct.  Rep.  247) 
New  York  L.  Ins.  Co.,  Johnson  v. 
New  York,  N.  H.  &  H.  R.  Co.,  Howell  v. 
St.  Martin  v'. 
v.  Vizvari    (L.R.A.1915C,   9,   126   C.   C. 

A.    632.   210   Fed.   118) 
New  York,  0.  &  W.  R.  Co.  v.  State  Bd.  of 
Tax    Comrs.      See    People    ex    rel. 
New  York,  O.  &  W.  R.  Co.  v.  State 
Bd.  of  Tax  Comrs. 
New  York,  P.  &  N.  R.  Co.  v.  Peninsular 
Produce    Exchange     (L.R.A.1917A, 
193,   240  U.  S.   34.  60  L.  ed.  511, 
36   Sup.   Ct.   Rep.   234) 
New  York  State  Railways,  State  Industrial 

Commission   v. 
New  York  Teleph.  Co.,  Hall  v. 
Niagara  F.   Ins.   Co.,   Hammond  v. 

Palmer  v. 
Nicholas   Building   Co.,   Smith  v. 
Nichols,    Brown    v. 
Burt   v. 
Deming  v. 
Nichols    &    Co.    v.    Thomas     (L.R.A.1916B, 

908,  —  Okla.  — .  151  Pac.  847) 
Nicholson  v.  Atchison,  T.  &  S.  F.  Hospital 
Asso.   (L.R.A.1016D.  1029,  97  Kan. 
480.  155  Pac.  920) 

v.  Atchison,  T.  &  S.  F.  R.  Co.  (L.R.A. 
l!)lf>E,  417,  95  Kan.   13,   147   Pac. 
1123) 
v.  Daffin    (L.R.A.1915E,    168,    142    Ga. 

729,  83  S.  E.  658) 
Ottumwa  v. 


498 


TABLE  OF  CASES. 


Nicholson  Pub.  Co.,  Flanagan  v. 

Nicolosi  v.  Clark  (L.R.A.1915F,  638,  —  Cal. 

— ,  147  Pac.  971) 

Ninemire  Packing  Co.,   Lynch  v. 
Nixon,  Cass  County  v. 
Nixon  Min.  Drill  Co.  v.  Burke  (L.R.A.1916C, 
411,  132  Tenn.  481,  178  S.  W.  1116) 
Nolte,  Reutkemeier  v. 
Noonan   v.   Foley    (L.R.A.1915F,   1036,   217 

Mass.  566,  105  N.  E.  558) 
Nooney  v.   Pacific   Exp.   Co.    (L.R.A.1915B, 
433,   125   C.   C.   A.   474,  208   Fed. 
274) 
Nordby  v.  Sorlie   (L.R.A.1917B,  753,  —  N. 

D.  — ,  160  N.  W.  70) 
Norf*    Hart  v. 

Norfolk  &  W.  R.  Co.,  Anania  v. 
Comisky  v. 
Turk  v. 
Norfolk  Southern  R.  Co.,  Ashby  v. 

v.  Chatman     (L.R.A.1917F,    1128,    244 
U.  S.  276,  61  L.  ed.  1131,  37  Sup. 
Ct.  Rep.  499) 
Huff  v. 
Ridge  v. 
State   v. 

Normal  School  v.  Charleston  (271  HI.  602). 
See  Eastern  Illinois  State  Normal 
School  v.  Charleston. 

Norris  v.   Boston   Music  Co.    (L.R.A.1917B, 
615,  129  Minn.  198,  151  N.  W.  971) 
Frankel  v. 
Johnson  v. 

North  Alaska  Salmon  Co.  v.  Pillsbury 
(L.R.A.1917E,  642,  —  Cal.  — ,  162 
Pac.  93) 

North    America    Acci.    Ins.   Co.,   Parker   v. 
North  American  Teleg.  Co.,  Northern  Pacific 

R.  Co.  v. 

Northampton,    Wasser    v. 
North  British  &  M.  Ins.  Co.,  Salomon  v. 
North  Coast  F.  Ins.  Co.,  Rasmusson  v. 
Northern  Express  Co.,  Sunderland  v. 
Northern  P.  R.  Co.,  Anderson  v. 
Clark,  v. 
Cooke   v. 
Fogarty  v. 
Hanson  v. 
Imler    v. 
McGrath  v. 
v.  Morton    County    (L.R.A.1916E,    404, 

32  X.  D.  627,  156  N.  W.  226) 
v.  North  American  Teleg.  Co.    (L.R.A. 

1916E,  572,  230  Fed.  347) 
Olson   v. 
Peek  v. 
Reeve  v. 
v.  Richland  County   (L.R.A.1915A,  129, 

—  X.  D.  — ,  148  N.  W.  545) 
Rose  v. 
Soules  v. 

v.  State  ex  rel.  McCue  (L.R.A.1917F, 
1148.  236  U.  S.  585,  59  L.  ed.  735, 
P.U.R.1915C,  277,  35  Sup.  Ct.  Rep. 
429) 

v.  .United    States    (L.R.A.1917A,    1198, 
129    C.   C.   A.   514,   213   Fed.   162) 
Wall  v. 
Wile  v. 
Wilson  v. 

North   Pacific   S.   S.   Co.,   Clark  v. 
North  River  Ins.   Co.,  O'Brien  v. 


Northrup    Nat.    Bank,    Acme    Coal    Co.    v. 
Northup  v.  Reese  (L.R.A.1915F,  554,  —  Fla. 

— ,  67  So.  136) 
Northwestern  Iron  Co.  v.   Industrial  Com. 

(L.R.A.1916A,    366,    154    Wis.    97, 

142   X.   W.   271) 
Northwestern      Jobbers'      Credit      Bureau, 

Brandenburg  v. 
Northwestern  Marble  &  Tile  Co.  v.  Williams 

(L.R.A.1915D,  1077,  128  Minn.  514, 

151  N.  W.  419) 

Northwestern  Mut.  L.  Ins.  Co.,  Hicks  v. 
Northwestern  Trust   Co.,   Green   v. 

Simmons  v. 
Northwest  Loan  &  T.  Co.,  Creditors'  Claim 

&  A.  Co.  v. 
Northwest  Steel  Co.  v.  School  Dist.  No.  1ft 

(L.R.A.1915F,  629,  —  Or.  — ,   148 

Pac.  1134) 
Northwest  Thresher  Co.  v.  Herding  (L.R.A. 

1916F,    837,    126    Minn.    184,    148 

N.  W.  57) 
Norton,  Crenshaw-Gary  Lumber  Co.  v. 

Oklahoma   Nat.   L.  Ins.   Co.  v. 
Norvell,  State  v. 
Nunn  v.  Ehlert  (L.R.A.1915B,  87,  218  M 

471,  106  X.  E.  163) 
Nunnemaker  v.  Booten  ( —  W.  Va.  — ).    See 

Booten  v.  Pinson. 
Nunnery   v.    Bailey    (L.R.A.1917F,   548,  — 

Okla.  — ,  166  Pac.  82) 
Nye,  Jones  v. 
Nygaard,  State  ex  rel.  Bundy  v. 

0. 

O'Brien,  Fisher  v. 

v.  North  River  Ins.   Co.    (L.R.A.1917C, 

722,    128   C.   C.   A.    618,   212    Fed. 

103) 
v.  Physicians'    Hospital    Asso.    (L.R.A. 

1917F,    741,   —   Ohio    St.   — ,   lift 

N.  E.  975) 

Ocean  Accident  &  G.  Co.  v.  Industrial  Acci- 
dent     Commission      (L.R.A.1917B, 

336,  —  Cal.  — ,  159  Pac.   1041) 
Ocean  Acci.  &  G.  Corp.,  Gillen  v. 
Oceanic  Steam  Nav.  Co.  v.  Mellor  (L.R.A. 

1916B,   637,   233  U.   S.   718,  58   L, 
.       ed.  1171,  34  Sup.  Ct.  Rep.  754) 
Ockennan  v.  Woodward  (L.R.A.1916A,  1005, 

165  Ky.  752.  178  S.  W.  1100) 
Ocklawaha    River    Farms    Co.    v.    Young 

(L.R.A.1917F,   337,  —   Fla.  — ,   74 

So.  644) 
O'Connell  v.   Merchants'  &  P.   Dist.   Teleg. 

Co.  (L.R.A.1916D,  508,  167  Ky.  4GS, 

180  S.  W.  845) 
O'Connor,    Re    (L.R.A.1916D,    179,    271    III. 

395,  111  X.  E.  272) 
Arnold  v. 
v.  Knights      &      Ladies      of     Security 

(L.R.A.1917B,    897,    —    Iowa,    — , 

158  X.  W.  761) 
O'Daniel  v.  Streeby    (L.R.A.1915F,  634,  77 

Wash.  414.  137  Pac.  1025) 
Odenbriet  v.  Utheim  (L.R.A.iniOD.  421,  — 

Minn.  — ,  154  X.  W.  741) 
Oelwein,  Irvine  v. 
Ogallah   Elevator   Co.   v.    Harrison    i L.R.A. 

1916D,  777,  97  Kan.  289,  154  Pac, 

1016) 


TABLE  OF  CASES. 


499 


O'Gara   v.   Dayton    (L.R.A.1917E,   574,   175 

Ky.  395,  194  S.  W.  380) 
O'Hara,  Stettler  v. 
Ohio  River  R.  Co.,  Briscoe  Home  Trustees  v. 

Dulin   v. 
Ohio  Valley  Electric  R.  Co.,  Perry  v. 

v.  Scott    (L.R.A.1917C,   1038,   172   Ky. 

183,  189  S.  W.  7) 
Oil  Co.  v.  Conner  (—  Okla.  — ).     See  Pu- 

laski  Oil  Co.  v.  Conner. 
O'Keefe,    Re    (L.R.A.1915A,   514,  —   Mont. 

— ,  142  Pac.  638) 
Oklahoma  City,  De  Long  v. 
Oklahoma  County,  Hopper  v. 
Oklahoma  F.  Ins.  Co.  v.  Fay  Mercantile  Co. 

(L.R.A.1916C,  779,  —  Okla.  — ,  153 

Pac.  127) 
Oklahoma  Nat.  L.  Ins.  Co.  v.  Norton  (L.R.A. 

1915E,  695,  —  Okla.  — ,  145  Pac. 

1138) 
Oklahoma  Portland  Cement  Co.  v.  Shepherd 

(L.R.A.1915E,  699,  —  Okla.  — ,  147 

Pac.  1031) 
Oklahoma  R.  Co.  v.  Thomas   (L.R.A.1917E, 

405,  —  Okla.  — ,  164  Pac.  120) 
Oklahoma  State  Bank,  Berry  v. 
0.   K.  Transfer  &  S.   Co.  v.  Neill    (L.R.A. 

1917A,  58,  —  Okla.  — ,  159  Pac. 

272) 

Olcott,  McCamant  v. 
Old,   White   v. 

Old  Colony  Trust  Co.,  State  v. 
Old  Dominion  Co.,  Hyams  v. 
Oldfield,  Re  (L.R.A.1916D,  1260,  —  Iowa, 

— ,  156  X.  W.  977) 

Olds  Co.,  Young  Men's  Christian  Asso.  v. 
Oleon  v.  Rosenbloom  (L.R.A.1915F,  968,  247 

Pa.    250,   93   Atl.   473) 
Olsen,  Dern  v. 

Hodgeman  v. 
Olson  v.  Carlson  (L.R.A.1915F,  13,  83  Wash. 

415,    145    Pac.    237) 
Johnson  v. 
Martyn  v. 
v.  Northern    P.    R.    Co.    (L.R.A.1915F, 

962.  126  Minn.  229,  148  N.  W.  67) 
Thornhill  v. 
Omaha,  Urbach  v. 
Omaha  &  Council  Bluffs  Street  R.  Co.,  Gross 

v. 
Omaha  Maternity  &  General  Hospital  Asso., 

Broz  v. 
O'Meara   v.   Russell    (L.R.A.1916E,   743,   90 

Wash.  557,  156  Pac.  550) 
O'Neal  v.  Harrison    (L.R.A.1915F,  1069,  96 

Kan.  339.  150  Pac.  551) 
O'Neil  v.  Carley  Heater  Co.    (L.R.A.1917A, 

349.  218  X.  Y.  414,  113  X.  E.  406) 
O'Neill  v.  Central  Leather  Co.  (L.E.A.1917A, 

27fi.  87  X.  J.  L.  552.  94  Atl.  789) 
Opinion  of  Justices,  Re  (L.R.A.1917B,  1119, 

—  Mass.  — .  108  X.  E.  807) 
Re   (L.R.A.1917D,  286,  —  N.  H.  — ,  99 

Atl.   999) 
Opocensy    v.    South    Omaha     (L.R.A.1917E, 

1170,  —  Xeb.  — ,  163  X.  W.  325) 
Oppenheimer,  Lhota  v. 
Orange,  Buchanan  v. 
Ordean  v.  Grannis   (L.R.A.1915B.  1149,  118 

Minn.  117,  136  X.  W.  575.  1026) 
Order  of  the  Herman  Sons,  Koenigstein  v. 
Oregon  Hassam  Pav.  Co.,  Hyland  v. 


Oregon   Short  Line  R.  Co.,  Tuder  v. 
Orpheum  Theatre  &  Realty  Co.,  Russo  v. 
Osage  County,  Clark  v. 
Osborne,  Rawleigh  Medical  Co.  v. 
Osceola  Consol.  Min.  Co.,  Conradsen  v. 
O'Shea  v.  Farmers'  Irrig.  Dist.     See  State 

ex   rel.   O'Shea    v.    Farmers'   Irrig. 

Dist. 

Oshkosh  Waterworks  Co.  v.  Railroad  Com- 
mission (L.R.A.1916F,  592,  161 

Wis.    122,    P.U.R.1915D,    336,    152 

X.  W.   859) 
Osteen   v.   South   Carolina   Cotton   Oil   Co. 

(L.R.A.1916B,    629,    —    S.    C.    — , 

86  S.  E.  202) 
v.  Southern  R.  Co.   (L.R.A.1916A,  565, 

101   S.   C.   532,   86   S.   E.  30) 
Oswego  Falls  Pulp  &  Paper  Co.  v.  Stecher 

Lithographic      Co.       (L.R.A.1916B, 

1257,  215  N.  Y.  98,  109  N.  E.  92) 
Otero  De  Burg  v.  Water  Supply  Co.     See 

State    ex    rel.    Otero    De    Burg   v. 

Water  Supply  Co. 
Otis,   American   Nat.  Ins.  Co.  v. 
Otis  Elevator  Co.,  Holt  v. 
Ott,  Archibald   v. 

Gooding  v. 
Ottenwess,  Rouse  v. 

Otterson,    Tube   City   Min.   &    Mill.   Co.   v. 
Otter  Tail  Power  Co.,  Mullen  v. 
Ottley,  Carlisle  v. 
Ottumwa   v.    Nicholson    (L.R.A.1916E,   983, 

161  Iowa.  473.  143  N.  W.  439) 
Owen,  Swofford  Bros.  Dry  Goods  Co.  v. 
Owens,  Fitzpatrick  v. 

Supreme  Tribe  of  Ben  Hur  v. 

v.  Way  (L.R.A.1915E,  399,  141  Ga.  796, 

82  S.  E.  132)      - 
Owosso  Carriage  &  S.  Co.  v.  Sweet  (L.R.A. 

1916B,  970,  —  Tex.  — ,  179  S.  W. 

257) 

Owsley,  McMahon  v. 
Oxweld   Acetylene    Co.  v.    Hughes    (L.R.A. 

1916B,   751,  126   Md.   437,  95  Atl. 

45) 

P. 

Pabst  v.  Ferch  (L.R.A.1915E,  822,  126 
Minn.  58,  147  X.  W.  714) 

Pabst  Brewing  Co.,  Flood  v. 

Pacholder  v.  Rosenheim  (L.R.A.1917D,  464, 
129  Md.  455.  99  Atl.  672) 

Pacific  Coast  Casualty  Co.,  May  Creek  Log- 
ging Co.  v. 
Salo  v. 

Pacific  Coast  Pipe  Co.,  Sherman  v. 

Pacific  Co.  v.  Burckard  (90  Wash.  221). 
See  Peerless  Pacific  Co.  v.  Burck- 
hard. 

v.  Industrial  Acci.  Commission  ( —  Cal. 
— ).      See   Southern    P.    Co.   v.   In- 
dustrial Acci.  Commission. 
v.  Pillsbury  (170  Cal.  782).    See  South- 
ern Pacific  Co.  v.  Pillsbury. 
v.  Spring  Valley  Water  Co.    (173  Cal. 
291).       See     Southern     P.    Co.    v. 
Spring  Valley  Water  Co. 

Pacific  Electric  R.  Co!,  Starck  v. 

Pacific  Exp.  Co.,  Nooney  v. 

Pacific  Monthly  Co.,  Putnam  v. 

Pacific  Mut.  L.  Ins.  Co.,  Algoe  v. 


500 


TABLE  OF  CASES. 


Pacific  R.  &  Nav.  Co.,  Long  v. 

Pack  v.  Prudential    Casualty    Co.    (L.R.A. 

1916E,  952,  —  Ky.  — ,  185  S.  W. 

496) 

Packard,  State  ex  rel.  Linde  v. 
Packard  Motor  Car  Co.,  Cook  v. 

Van  Gorder  v. 
Packet  Co.  v.  Agnew  (132  Tenn.  265).    See 

Memphis  &  A.  City  Packet  Co.  v. 

Agnew. 
Packing  Co.  v.  Mississippi  River  Power  Co. 

( —    Iowa>    — ).       See    Wissmath 

Packing    Co.    v.~  Mississippi  River 

Power  Co. 
Packwood    v.    Mendota    Coal    &    Coke    Co. 

(L.R.A.1915D,  911,    —    Wash.  — , 

146  Pac.  163) 
Padrick  v.  Great  Northern  R.  Co.   (L.R.A. 

1915F,  1,  128  Minn.  228,  150  N.  W. 

807) 
Paducah  Traction  Co.  v.  Weitlauf   (L.R.A. 

1917F,  353,  176  Ky.  82,  195  S.  W. 

99) 
Pagano  v.  Cerri  (L.R.A.1917A,  486,  93  Ohio 

St.  345,  112  N.  E.  1037) 
Page    v.    Modern    Woodmen    of    America 

(L.R.A.1916F,   438,    162    Wis.    259, 

156  N.  W.  137) 
Paine,  Hall  v. 
Paintsville,  Bayes  v. 
Palisades  Interstate  Park,  Re  (L.R.A.1916C; 

641,  216  N.  Y.  104,  110  N.  E.  260) 
Palmer  v.  Albuquerque  (L.R.A.1915A,  1106, 

-  N.  M.  — ,  142  Pac.  929) 
v.  Costello   (L.R.A.1915A,  193,  41  App. 

D.  C.  165) 
V.  King   (L.R.A.1916D,  278,  41  App.  D. 

C.  419) 
v.  Mansfield     (L.R.A.1916C,     677,     222 

Mass.  263,  110  N.  E.  283) 
v.  Niagara   F.    Ins.    Co.    (L.R.A.1917D, 

871,  —  N.  J.  Eq.  — ,  100  Atl.  225) 
Palm    Vacuum    Cleaner    Co.    v.    Bjornstad 

(L.R.A.1917C,    1012,   —   Minn.    — , 

161  N.  W.  215) 
Paper  Co.  v.  Industrial  Com.  (154  Wis.  105). 

See  Nekoosa-Edwards  Paper  Co.  v. 

Industrial  Com. 
v.  Paper  Co.  (223  Mass.  8).    See  Nashua 

River    Paper    Co.    v.    Hammermill 

Paper  Co. 

Papineau,  Carter  v. 
Paragould  Abstract  &  Real  Estate  Co.  v. 

Coffman    (L.R.A.1915B,    1006,    100 

Ark.  582,  140  S.  W.  730) 
Parish   v.   Yorkville    (L.R.A.1915A,  282,  96 

S.  C.  24,  79  S.  E.  635) 
Young  Men's  Christian  Asso.  v. 
Parish  Bd.  of  School  Directors,  Herold  v. 
Park    v.    Powledge    (L.K.A.1917C,    1001,   — 

Ala.  — ,  73  So.  483) 
Park  City,  Knoxville  v. 
Parke,  Davis  &  Co.,  La  Veck  v. 
Parker  v.  Dixon  (L.R.A.1916E,  534,  —  Minn. 

— ,  157  N.  W.  583) 
Duncan  v. 
Griffin  &  Son  v. 
v.  North  America  Acci.  Ins.  Co.  (L.R.A. 

1917D,  1174,  —  W.  Va.  — ,  92  S.  E. 

88) 
Polk  County  v. 


Parker   v.    State    (L.R.A.1916A,    1190,    132 

Tenn.   327,  178  S.  W.  438) 
State  v. 

v.  Treasurer     and     Receiver     General. 
See  Tyler  v.  Treasurer  and  Receiv- 
er General. 
Parker-Harris  Co.  v.  Tate  (L.R.A.1916F,  935, 

—  Tenn.  — ,  188  S.  W.  54) 
Parkerson,  Hyman  v. 
Parker  Washington  Co.,  Regan  v. 
Parks  v.  Yost  Pie  Co.  (L.R.A.1915C,  179,  93 

Kan.  334,  144  Pac.  202) 
Parlin    &    0.    Implement    Co.    v.    Moulden 
(L.R.A.1917B,  130,  142  C.  C.  A.  517, 
228  Fed.  Ill) 
Parman,  Smith  v. 
Parmenter   v.   Troup.      See    State    ex   rel. 

Parmenter  v.  Troup. 

Parrish    v.    Merchants    &    M.    Sav.    Bank 
(L.R.A.1917C,  548,  —  Va.  — ,  91  S. 
E.  135) 
v.  Parrish  (L.R.A.1915A,  576,  —  Va.  — , 

82  S.  E.  119) 
Parsons    v.    Evans    (L.R.A.1915D,    381,    - 

Okla.  — ,  145  Pac.  1122) 
v.  Uvalde    Electric    Light    Co.    (L.R.A. 
1916E,  960,  106  Tex.  212,  103  S.  W. 
1) 

Pasquotank  &  N.  R.  S.  B.  Co.,  Prichard  v. 
Patents  Co.  v.  Universal  Film  Mfg.  Co.  (243 
U.    S.   502).      See    Motion    Picture 
Patents  Co.  v.  Universal  Film  Mfg. 
Co. 
Patterson,  Ex  parte   (L.R.A.1915F,  541,  94 

Kan.  439.  146  Pac.  1009) 
v.  Blatti    (L.R.A.1916E,   896,  --   Minn. 

— ,  157  N.  W.  717) 
•    Hunter  v. 
Jones  v. 
v.  Kasper  (L.R.A.1915A,  1221,  —  Mich. 

— ,  148  N.  W.  690) 
Lindsley  v.  • 

v.  New  Orleans,  G.  N.  R.  Co.    (L.R.A. 

1917E,  210,  127  La.  44,  53  So.  406) 

v.  Peaslee-Gaulbert    Co.    (L.R.A.1917D, 

882,  174  Ky.  47,  191  S.  W.  670) 
St.  Louis,  I.  M.  &  S.  R.  Co.  v. 
v.  Wallace  (L.R.A.1915E,  662,  —  Okla. 

— ,  147  Pac.  1034) 

Patterson  Drug  Co.,  Queen  Ins.  Co.  v. 
Paul  v.  Atlantic  Coast  Line  R.  Co.   (L.R.A. 
1916B,  1079,  —  N.  C.  — ,  87  S.  E. 
66) 
v.  Stuckey  (L.R.A.1917B,  888,  —  Ark. 

— ,  189  S.  W.  676) 

Paving  Co.  v.  Clausen  (90  Wash.  450).    See 
State  ex  rel.  Washington  Pav.  Co. 
v.  Clausen, 
v.  St.  Paul  (—  Minn.  — ).     See  Barber 

Asphalt  Paving  Co.  v.  St.  Paul. 
Pawlak   v.    Hayes    (L.R.A.1017A.    392,    162 

Wis.  503,  156  X.  W.  464) 
Paxson,  Re  (L.R.A.1915C,  1009,  241  Pa.  452, 

88  Atl.  673) 
Paylor  v.  United  States  (L.R.A.1915D,  682, 

42  App.  D.  C.  428) 
Paytes  v.  State  (L.R.A.1917C,  954,  —  Tenn. 

— ,  191  S.  W.  975) 
Peabody  v.  Boston  (L.R.A.1915F,  1005,  220 

Mass.  376,  107  N.  E.  9f>2) 
v.  Calhoun.     See  Crawford    v.    Seattle 
R.  &  S.  R.  Co. 


TABLE  OF  CASES. 


501 


Peabody,  H.  &  Co.  v.  Calhoun.     See  Craw- 
ford v.  Seattle,  R.  &  S.  R.  Co. 
Peace,  Hawksley  v. 
Peacher   Mill    Co.,    Cumberland    Teleph.    & 

Teleg.  Co.  v. 
Pearce,  Chicago,  R.  I.  ,&  P.  R.  Co.  v. 

v.  Commercial    Teleph.    &    Teleg.    Co. 

!?3e  People  ex  rel.  Pearce  v.  Com- 
mercial  Teleph.   &   Teleg.   Co. 
Pearson    v.    Great    Southern    Lumber    Co. 

(L.R.A.1916F,  1247,  134  La.  117,  63 

So.  759) 
Riley  v. 
Pease,  Bills  v. 

Peaslee-Gaulbert  Co.,  Patterson  v. 
Peats  Co.,  Hammett  Co.  v. 
Peck,  State  v. 

Pecos  Valley  &  N.  E.  R.  Co.,  Price  v. 
Peek  v.  Northern  P.  R.  Co.    (L.R.A.1916B, 

835,  —  Mont.  — ,  152  Pac.  421)  . 
Peeler  v.  Railroad  Co.     See  People  ex  rel. 

Peeler  v.  Chicago  &  E.  I.  R.  Co. 
Peerless  Pacific   Co.   v.   Burckhard    (L.R.A. 

1917C,  353,  90  Wash.  221,  155  Pac. 

1037) 
Peet  v.  Mills   (L.R.A.1916A,  358,  76.  Wash. 

437,  136  Pac.  685) 
Pell,  Hoskins  v. 
Penas  v.  Cherveny    (L.R.A.1917E,  655,  135 

Minn.  427,  161  N.  W.  150) 
Pendar    v.    H.    &    B.    American  Mach.  Co. 

(L.R.A.1916A,   428,   35    R.    I.    321, 

87  Atl.  1) 

Pengilley,  Kansas  City  v. 
Peninsula  Produce  Exchange,  New  York,  P. 

&  N.  R.  Co.  v. 
Penn  v.  State   (L.R.A.1917E,  668,  —  Okla. 

Crim.  Rep.  — ,  164  Pac.  992) 
Pennington   v.   Fourth   Nat.   Bank    (L.R.A. 

1917F,  1159,  243  U.  S.  269,  61  L. 

ed.  713,  37  Sup.  Ct.  Rep.  282) 
Pennsylvania  Co.,  Darbrinsky  v. 
Pennsylvania  R.  Co.,  Hall  v. 
Hench  v. 
Roman  Catholic  Church  of  St.  Anthony 

v. 

Soriero  v. 

Standard  Combed  Thread  Co.  v. 
v.  Titus  (L.R.A.1916E,  1127,  216  N.  Y. 

17,  109  N.  E.  857. 
Penson  v.  Inland  Empire  Paper  Co.  (L.R.A. 

1915F,  15,  73  Wash.  338,  132  Pac. 

39) 
People,  Aalholm  v. 

v.  Brazee  (L.R.A.1916E,  1146,  183  Mich. 

259,  149  N.  W.  1053) 
ex  rel.  Webb  v.  California  Safe  Deposit 

&  T.  Co.  (L.R.A.1915A,  299,  —  Cal. 

— ,  141  Pac.  1181) 
ex   rel.   Fursman    v.    Chicago     (L.R.A. 

1917E,  1069,  278  111.  318,  116  N.  E. 

158) 
ex  rel.  Peeler  v.  Chicago  &  E.  I.  R.  Co. 

(L.R.A.1915B,  486,  262  111.  492,  104 

N.  E.  831) 
v.  Clair    (L.R.A.1917F,  766,  221  N.  Y. 

108,  116  N.  E.  868) 
v.  Cole    (L.R.A.1917C,   816,   219   N.   Y. 

98,  113  N.  E.  790) 
ex  rel.  Pearce  v.  Commercial  Teleph.  & 

Teleg.  Co.    (L.R.A.1917D,  704,  277 

111.  265,  115  N.  E.  379) 


People  v.  Crane   (L.R.A.1916D,  550,  214  N. 

Y.  154,  108  N.  E.  427) 
Damas  v. 
v.  De  Martini  (L.R.A.1915F,  601,  213  N. 

Y.  203,  107  N.  E.  501) 
use  of  Boulder,  De  Weese  v. 
v.  Duffy   (L.R.A.1915B,  103,  212  N.  Y. 

57,  105  N.  E.  839) 
on   Complaint   of   Pugliese   v.   Ekerold 

(L.R.A.1915D,  223,  211  N.  Y.  386, 

105  N.  E.  670) 
ex  rel.  Busching    v.    Ericsson     (L.R.A. 

1915D,  607,  263  111.  368,  105  N.  E. 

315) 
ex  rel.  Mather  v.  Field  &  Co.   (L.R.A. 

1915F,  937,  266  111.  609,  107  N.  E. 

864) 
ex  rel.  Gaskill  v.  Forest  Home  Cemetery 

Co.   (L.R.A.1917B,  946,  258  111.  36, 

101  N.  E.  219) 

v.  Forte  (L.R.A.1916B,  924,  269  111.  505, 

110  N.  E.  47) 
v.  Griswold   (L.R.A.1915D,  538,  213  N. 

Y.  92,  106  N.  E.  929) 
v.  Grunland  (L.R.A.1915E,  314,  —  Mich. 

— ,  153  N.  W.  4) 
v.  Grutz   (L.R.A.1915D,  229,  212  N.  Y. 

72,  105  N.  E.  843) 
v.  Guiton  (L.R.A.1915A,  757,  210  N.  Y. 

1,  103  N.  E.  773) 
v.  Kane    (L.R.A.1915F,  607,  213  N.  Y. 

260,  107  X..E.  655) 
Kenneally  v. 
v.  Lay  (L.R.A.1917B,  608,  —  Mich.  — , 

159  N.  W.  299) 
v.  McClintic  (L.R.A.1917C,  52,  —  Mich. 

— ,  160  N.  W.  461 ) 
v.  Mendelson     (L.R.A.1915C,    627,    264 

111.  453,  106  N.  E.  249) 
v.  Miller  (L.R.A.1917E,  797,  278  111.  490, 

116  N.  E.  131) 
v.  Mueller    (L.R.A.1915B,   788,  —  Cal. 

— ,  143  Pac.  748) 
v.  Perenchio      (L.R.A.1915A,     901,     — 

Mich.  — ,  148  N.  W.  205) 
Perry  v. 
ex    rel.    Dibelka    v.    Reinberg    (L.R.A. 

1915E,  401,  263  111.  536,  105  N.  E. 

715) 

Ryan  v. 
v.  Schmidt    (L.R.A.1916D,  519,  216  N. 

Y.  324,  110  N.  E.  945) 
v.  Shaw  (L.R.A.1915E,  87,  259  111.  544, 

102  N.  E.  1031) 

v.  Shilitano  (L.R.A.1916F,  1044,  218  N. 

Y.  161,  112  N.  E.  733) 
ex  rel.  Thrasher  v.  Smith  (L.R.A.1917B, 

1075,  275  111.  256,  114  N.  E.  31) 
ex    rel.    Empire    State    Dairy    Co.    v. 

Sohmer  (L.R.A.1917A,  48,  218  N.  Y. 

199,  112  N.  E.  755) 
ex  rel.  Harlem  River  &  P.  C.  R.  Co.  v. 

State  Bd.  of  Tax  Comrs.    (L.R.A. 

1916B,  1222,  215  N.  Y.  507,  109  N. 

E.  569) 
ex  rel.  New  York,  0.  &  W.  R.  Co.  v. 

State  Bd.   of  Tax  Comrs.    (L.R.A. 

1916B,   1225,   215   N.   Y.   434,   109 

N.  E.  547) 
v.  Thompson  (L.R.A.1915D,  236,  212  N. 

Y.  249,  106  N.  E.  78) 


502 


TABLE  OF  CASES. 


People    v.    Toland    (L.R.A.1916E,    336,    217 

N.  Y.  187,  111  N.  E.  760) 
v.  Union  Trust  Co.   (L.R.A.1915D,  450, 

255  111.  168,  99  N.  E.  377) 
v.  Weiner  (L.R.A.1916C,  775,  —  111.  — , 

110  N.  E.  870) 
People's  Bank  v.   Insurance   Co.   of   North 

America  (L.R.A.1917D,  868,  —  Ga. 

— ,  91  S.  E.  684) 
Moreland  v. 
People's  Coal  &  Ice  Co.  v.  District  Court. 

See  State  ex  rel.  People's  Coal  & 

Ice  Co.  v.  District  Court. 
People's  Furniture  Co.,  Lehmann  v. 
People's  Land  &  Mfg.  Co.  v.  Beyer  (L.R.A. 

1916B,  813,  —  Wis.  — ,  154  N.  W. 

382) 

People's  Nat.  Bank,  Edison  Electric  Illumi- 
nating Co.  v. 
People's  Trust  Co.  v.  Smith  (L.R.A.1916B, 

840,  215  N.  Y.  488,  109  N.  E.  561) 
Peppard,  Maryland  Casualty  Co.  v. 
Percival,   Re    (L.R.A.1917A,    1264,   139   La. 

938,  72  So.  467) 

Percival-Porter  Co.,  Cramblitt  v. 
Pere  Marquette  R.  Co.,  Murphy  v. 
Perenchio,  People  v. 
Perkins    v.    Brown    (L.R.A.1915F,    723,    — 

Tenn.  — ,  177  S.  W.  1158) 
v.  Galloway     (L.R.A.1916E,     1190,    — 

Ala.  — ,  69  So.  875) 
v.  Perkins  (L.R.A.1917B,  1028,  —  Mass. 

— ,  113  N.  E.  841) 
State  v. 
Perley  v.  Cambridge  (L.R.A.1915E,  432,  220 

Mass.  507,  108  N.  E.  494) 
Perotti,  Bogni  v. 
Perry  v.  Ohio  Valley  Electric  R.  Co.  (L.R.A. 

1916D,  962,  72  W.  Va.  282,  78  S.  E. 

692) 
v.  People   (L.R.A.1917D,  921,  —  Colo. 

— ,  163  Pac.  844) 
v.  Rochester    Lime    Co.    (L.R.A.1917B, 

1058,  219  N.  Y.  60,  113  N.  E.  529) 
v.  Seaboard   Air   Line   R.   Co.    (L.R.A. 

1916E,  478,  —  N.  C.  — ,  88  S.  E. 

156) 
v.  Young  (L.R.A.1917B,  385,  133  Tenn. 

522.  182  S.  W.  577) 
Persons  v.  Valley  City  (L.R.A.1916D,  -1079, 

26  N.  D.  342,  144  N.  W.  675) 
Petello    v.    Teutonia    F.    Ins.    Co.    (L.R.A. 

1915D,  812,  89  Conn.  175,  93  Atl. 

137) 

Petersburg  Fire  Brick  &  Tile  Co.  v.  Ameri- 
can Clay  Mach.  Co.    (L.R.A.1915B, 

536,  89  Ohio  St.  365.  106  X.  E.  33) 
Peterson,   Re    (L.R.A.1916A,  469,  —  Iowa, 

— ,  151  N.  W.  66) 
v.  United  Workmen  (L.R.A.1916F,  751, 

36  S.  D.  539,  156  N.  W.  70) 
Pettit  v.  Probate  Court.     See  State  ex  rel. 

Pettit  v.  Probate  Court. 
Pfaelzer,  Devine  v. 
Pfanschmidt,  Wall  v. 
Pfarr  v.  Standard  Oil  Co.  (L.R.A.1915C,  336, 

—  Iowa.  — ,  146  X.  W.  851) 
Pfrimmer,  Wright  v. 
Phelan  v.  Lacey  (L.R.A.1916B.  786.  —  Okla. 

— ,  151  Pac.  1070) 
Philadelphia,  Howard  v. 
Philadelphia  &  R.  Coal  &  I.  Co.,  Bagdon  v. 


Philadelphia,  B.  &  W.  R.  Co.  v.  Tucker 
(L.R.A.1915C,  39,  35  App.  D.  C. 
123) 

Vermillion  v. 

Philadelphia  Rapid  Transit  Co.,  Frega  v. 
Philips,  Lambert  v. 
Phillips  v.  Colvin  (L.R.A.1915E,  875,  —  Ark. 

— ,  169  S.  W.  316) 
v.  Gillis    (L.R.A.1917A,    680,    98    Kan. 

383,  158  Pac.  23) 
v.  Joy  Co.   (L.R.A.1916E,  690,  114  Me. 

403,  96  Atl.  727) 
United  Railways  &  E.  Co.  v. 
v.  Western  U.  Teleg.  Co.  (L.R.A.1917F, 

489,  —  Mo.  — ,  195  S.  W.  711) 
Phoenix  Assur.  Co.  v.  Eppstein  (L.R.A.1917F, 

540,  —  Fla.  —,75  So.  537) 
Phoenix    Ins.    Co.    v.    Banks    (L.R.A.1915A, 

860,  —  Ark.  — ,  169  S.  \V.  233) 
Physicians'  Hospital  Asso.,  O'Brien  v. 
Piedmont  Trust  Co.,  Woodruff  v. 
Pierce,  Attorney  General  ex  rel.  Burrill  v. 
v.  Boyer-Van  Kuran  Lumber  &  C.  Co. 
(L.R.A.1916D,  970,  —  Xeb.  — ,  156 
X.  W.  509) 
Calkins  v. 
Piercy  v.  Johnson  City  (L.R.A.1915F,  1029, 

130  Tenn.  231,  169  S.  W.  765) 
Pilcher  v.  Pilcher  (L.R.A.1915D,  902,  —  Va. 

— ,  84  S.  E.  667) 
Pillsbury,  Coronado  Beach  Co.  v. 
Great  Western  Power  Co.  v. 
Kruse  v. 

North  Alaska  Salmon  Co.  v. 
Southern  Pacific  Co.  v. 
Pilot  Mound  Twp.,  Koloen  v. 
Pingree,  Escamilla  v. 
Pingree  Nat.  Bank,  Lewis  v. 
Pinney  &  Boyle  Co.  v.  Los  Angeles  Gas  & 
Electric  Corp.  (L.R.A.1915C,  282,  — 
Cal.  — ,  141  Pac.  620) 
Pinson   v.   Boo  ten    ( —   W.    Va.    — ).      See 

Booten  v.  Pinson. 
Booten  v. 
v.  Young   (L.R.A.1917F,  621,  100  Kan. 

452,  164  Pac.  1102) 
Pioneer  Min.    Co.    v.    Tyberg  (L.R.A.1915B, 

442,  —  C.  C.  A.  — ,  215  Fed.  501) 
Pitcher  v.  Standish    (L.R.A.1917A,   105,  90 

Conn.  601,  98  Atl.  93) 
v.  Wolcott  School  Asso.    (L.R.A.1917E, 

1095,  —  Colo.  — ,  165  Pac.  608) 
Pittmans  &  D.  Co.,  Theisen  v. 
Pitts  v.  Pitts  (L.R.A.1917E,  1172,  —  Okla. 

— ,  164  Pac.  105) 

Pittsburg,  C.  C.  &  St.  L.  R.  Co.  v.  Kinney 
(L.R.A.1917D,  641,  —  Ohio  St.  — , 
115  X.  E.  505) 
v.  State    (L.R.A.1915D,    458,    180    Ind. 

245,  102  X.  E.  25) 

Pittsburgh,  Iron  City  Automobile  Co.  v. 
Planck,  Farmers'  Loan  &  T.  Co.  v. 
Plummer,  Industrial  Sav.  &  Loan  Co.  v. 
Plunkett,  Car  v. 
Delaney  v. 
Green  v. 
Hett  v. 

Poccardi  v.  Public  Service  Com.  (L.R.A. 
1916A,  299,  —  W.  Va.  — ,  84  S.  E. 
•24-2  i 

Pocock,  Mackall  v. 
Poetker,  United  States  Fidelity  &  G.  Co.  v. 


TABLE  OF  CASES. 


503 


Poindexter,  Hill  v. 

Pointer  v.  Mountain   Railway   Constr.  Co. 

(L.R.A.1917B,  1091,  —  Mo.  — ,  189 

S.  W.  805) 

Point  Pleasant,  Cheesebrew  v. 
Polk,  Broom  &  Son  v. 
Polk  County  v.  Parker  (L.R.A.1917B,  1176, 

-  Iowa,  — ,  160  N.  W.  320) 
Pollard,  State  v. 
Pomeroy  v.  Rutherford  (L.R.A.1916B,  1291, 

80  Wash.  43,  141  Pac.  178) 
Pond  v.  Harrison    (L.R.A.1916B,    1264,    96 

Kan.  542,  152  Pac.  655) 
Poole  v.  Camden  (L.R.A.1917E,  988,  —  W. 

Va.  — ,  92  S.  E.  454) 
Freeman  v. 
Kennedy  v. 
Pooler  v.  Sargent  Lumber  Co.  (L.R.A.1915F, 

1125,  —  Me.  — ,  94  Atl.  754) 
Pope,  Central  Georgia  Power  Co.  v. 
Futoransky  v. 
v.  New  Haven    (L.R.A.1917B,  1239,  — 

Conn.  — ,  99  Atl.  51) 
Poplar  Bluff,  Hays  v. 

Porizky  v.  Corless.     See  Saville  v.  Corless. 
Portland,  Baggage  &  Omnibus  Transfer  Co. 

v. 

Reiff  v. 
v.  Western  U.  Teleg.  Co.  (L.R.A.1915D, 

260,  —  Or.  — ,  146  Pac.  148) 
Portland  Gas  &  C.  Co.,  JEtna  L.  Ins.  Co.  v. 
v.  Giebisch   (L.R.A.1917E,  1092,  —  Or. 

— ,  165  Pac.  1004) 
Portland  Sav.  Bank,  Walker  v. 
Port  of  Seattle  v.  Superior  Court  ( —  Wash. 

— ).    See  State  ex  rel.  Port  of  Seat- 
tle v.  Superior  Court. 
Postal  Teleg.-Cable  Co.,  Corcoran  v. 

Gardner  v. 

Poteet,  Raleigh  County  Bank  v. 
Potter,  Re  (L.R.A.1916A,  637,  249  Pa.  158, 

94  Atl.  465) 
Zielinski  v. 
Potts  v.  Crudup  (L.R.A.1916B,  672,  —  Okla. 

— ,  150  Pac.  170) 
Powe,   State   v. 
Powell  v.  Berry  (L.R.A.1917A,  306,  145  Ga. 

696,  89  S.  E.  753) 
Com.  ex  rel.  Mother's  Assistance  Fund 

v. 
Power  Co.  v.  Pillsbury    ( —   Cal.   — ).     See 

Great  Western  Power  Co.  v.  Pills- 
bury. 
v.  Pope    (141   Ga.   186).     See   Central 

Georgia  Power  Co.  v.  Pope. 
Powers  v.  Cook  (L.R.A.1915F,  766,  —  Okla. 

— ,  149  Pac.  1121) 
v.  Journeymen  Bricklayers'  Union  No. 

S    (L.R.A.1915E,    1006,    130    Tenn. 

643,  172  S.  W.  284) 
Powledge,  Park  v. 
Pratt,  Birmingham  R.,  Light  &  Power  Co.  v. 

Consolidation  Coal  Co.  v. 
Prentiss  v.  Dittmer    (L.R.A.1917B,  191,  93 

Ohio  St.  314,  112  X.  E.  1021) 
Prest-0-Lite    Co.    v.    Heiden    (L.R.A.1915F, 

945,  219  Fed.  845) 
Preston   v.   Moore     (L.R.A.1916C,    578,    — 

Tenn.  — ,  180  S.  W.  320) 
Prevulsky,  Maddy  v. 
Price,  Re    (L.R.A.1917E,  544,  —  Minn.  — , 

162  N.  W.  454) 


Price  v.  Goldsboro  Twp.  (L.R.A.1917A,  992, 

—  X.  C.  — ,  8'J  S.  E.  1066) 
v.  Gunn  (L.R.A.1915C,  158,  —  Ark.  — , 

170  S.  W.  247) 

v.  Pecos  Valley  &  N.  E.  R.  Co.  (L.R.A. 
1915B,  827,  15  N.  M.  348,  110  Pac. 
565) 
v.  Salisbury      (L.R.A.1917D,     520,     41 

Okla.  416,  138  Pac.  1024) 
v.  United    States    (L.R.A.1915D,    1070, 

132  C.  C.  A.  1,  218  Fed.  149) 
Prichard  v.  Freeland  Oil  Co.   (L.R.A.1915D, 
1186,  —  W.  Va.  — ,  84  S.  E.  945) 
v.  Pasquotank  &  N.  R.  S.  B.  Co.  (L.R.A. 
1916A,  961,  —  N.  C.  — ,  86  S.  E. 
171) 

Prince,  State  v. 
Prineville,  Booth  v. 
Pritchard,  Coons  v. 
Probate  Ct.,  People  ex  rel.  Graff  v. 

State    ex   rel.    Minnesota   Loan    &    T. 

Co.  v. 

State  ex  rel.  Pettit  v. 
Produce  Co.  v.  Pulley  (—  Utah,  — ).     See 

Hughes  Produce  Co.  v.  Pulley. 
v.  Schreiner  ( —  Okla.  — ).     See  Farm- 
ers' Produce  Co.  v.  Schreiner. 
Producers'  Oil  Co.,  Nabors  v. 
Progressive  Wall  Paper  Corp.,  Re    (L.R.A. 

1916E,  563,  29  Fed.  489) 
Proutt,  Walton  v. 

Provident  Sav.  L.  Assur.  Soc.  v.  Kentucky 
(L.R.A.1916C,  572,  239  U.  S.  103, 
60  L.  ed.  167,  36  Sup.  Ct.  Rep.  34) 
Prudential  Casualty  Co.,  Pack  v. 
Prudential  Coal  Co.,  State  v. 
Prudential  Ins.  Co.,  Suravitz  v. 
Pruitt,  Hinkle  &  Edelen  v. 
Prussian  Nat.  Ins.  Co.  v.  Lawrence  (L.R.A. 

1915E,  489,  221  Fed.  931) 
Public  Service  Com.,  Benwood  v. 
Chesapeake  &  0.  R.  Co.  v. 
De  Constantin  v. 
Poccardi  v. 
Rose  v. 
Woodburn  v. 

Public  Service  Corp.,  Ballantine  &  Sons  v. 

Public   Service   Gas   Co.   v.   Public   Utility 

Commission    (L.R.A.1917B,  930,  — 

N.  J.  — ,  P.U.R.1915E,  251,  94  Atl. 

634) 

Public  Service  R.  Co.,  Miller  v. 
Public  Utilities  Commission,  Federal  Min.  & 

Smelting  Co.  v. 
Murray  v. 
Shafor  v. 
Public  Utility   Commission,  Public  Service 

Gas  Co.  v. 

Publishing  Co.,  Re  (240  Fed.  849).     See  In- 
dependent Pub.  Co. 

v.  Johnson  Realty  Co.  (—  W.  Va.  — ). 
See  Welch  Pub.  Co.  v.  Johnson 
Realty  Co. 

v.  McNichols   (—  Mo.  — ).     See  Pulit- 
zer Pub.  Co.  v.  McXichols. 
Pueblo    v.    Lukens    (L.R.A.1917E,    699,    — 

Colo.  — ,  164  Pac.  1164) 
Puffer,  Merton  v. 
Puget  Sound  Traction,  Light,  &  Power  Co., 

Rice  v. 
Stotts  v. 


504 


TABLE  OF  CASES. 


Pugh  v.  Crawford  (L.R.A.1917F,  345,  — 
Iowa,  — ,  156  N.  W.  892) 

Pulaski  Oil  Co.  v.  Conner  (L.R.A.1917C, 
1190,  —  Okla.  — ,  162  Pac.  464) 

Pulitzer  Pub.  Co.  v.  McNichols  (L.R.A.1916C, 
1148,  —  Mo.  — ,  181  S.  W.  1) 

Pulley,  Hughes  Produce  Co.  v. 

Pullman,  Hoyt  v. 

Pul'man  Co.,  Armstrong  v. 

Pulp  &  Paper  Co.  v.  Lithographic  Co.  (215 
X.  Y.  fS).  See  Oswego  Falls  Pulp 
&  Paper  Co.  v.  Stecher  Lithographic 
Co. 

Puritan  Cordage  Mills,  Samson  Cordage 
Works  v. 

Puritan  Trust  Co.,  Allen  v. 

Purity  Water  Co.,  Wagner  v. 

Purvis  v.  Shuman  (L.R.A.1917A,  121,  273 
111.  286,  112  N.  E.  679) 

Putnam,  McDaniel  v. 

v.  Pacific    Monthly    Co.    (L.R.A.1915F, 

782,  68  Or.  54,  136  Pac.  835) 
Trefry  v. 

Puyliese  v.  Ekerold.  See  People  on  Com- 
plaint of  Puyliese  v.  Ekerold. 

Pytus  v.  Smith  (L.R.A.1915A,  285,  —  Wash. 
— ,  141  Tac.  203) 

Q. 

Quaker  Realty  Co.  v.  Starkey  (L.R.A.1913D, 
176,  136  La.  28,  66  So.  386) 

Queen  Ins.  Co.  v.  Patterson  Drug  Co.  (L.R.A. 
1917D,  1091,  —  Fla.  — ,  74  So.  807) 

Queensborough  Land  Co.  v.  Cazeaux  (L.R.A. 
1916B,  1201,  136  La.  724,  67  So. 
641) 

Quereau  Co.,  Shultz  v. 
Talcott  v. 

Quilling,  Desha  Bank  &  T.  Co.  v. 

Quincy  Mut.  F.  Ins.  Co.  v.  International 
Trust  Co.  (L.R.A.1915B,  725,  217 
Mass.  370,  104  N.  E.  845) 


R. 


Radley  v.  Le  Ray  Paper  Co.  (L.R.A.1915E, 

1199,  214  N.  Y.  32,  108  N.  E.  86) 
Radney  v.  Ashland    (L.R.A.1917E,  366,  — 

Ala.  — ,  75  So.  25) 
Rae,  Hill  v. 
Ragan,  Sanders  v. 
Raich,  Truax  v. 

Railroad  Commission  v.  Alabama  6.  S.  R. 
Co.  (L.R.A.1915D,  98,  185  Ala.  354, 
64  So.  13) 

v.  Illinois  C.  R.  Co.  (—  Miss.  — ).    See 
Mississippi  R.  Com.  v.  Illinois  C.  R. 
Co. 
Louisville  &   N.   R.   Co.    (L.R.A.1915E, 

902,  140  Ga.  817,  80  S.  E.  327) 
Milwaukee  Electric  R.  &  Light  Co.  v. 
Oshkosh  Waterworks  Co.  v. 
Wisconsin  Teleph.  Co.  v. 
Railroad   Co.   v.   Allen    ( —   Fla.  — ).     See 

Louisville  &  N.  R.  Co.  v.  Allen, 
v.  Ashley    (169  Ky.  330).     See  Louis- 
ville &  N.  R.  Co.  v.  Ashley. 
v.     Ashton-Whyte-Skillicorn     Co.     ( — 
Utah,  — ).     See  Denver  &  R.  G.  R. 
Co.  v.  Ashton-Whyte-Skillicorn  Co. 


Railroad  Co.  v.  Bell  (—  Okla.  — ).  See  St. 
Louis  &  S.  F.  R.  Co.  v.  Bell. 

v.  Bombolis  (241  U.  S.  211).  See  Min- 
neapolis &  St.  L.  R.  Co.  v.  Bombolis. 

v.  BUddendorff  (—  Miss.  — ).  See  Gulf 
&  Ship  Island  R.  Co.  v.  Budden- 
dorff. 

v.  Buffalo  (218  N.  Y.  259).  See  New 
York  C.  &  H.  R.  R.  Co.  v.  Buffalo. 

v.  Chatman  (244  U.  S.  276).  See  Nor- 
folk S.  R.  Co.  v.  Chatman. 

v.  Cole  (—  Okla.  — ).  See  St.  Louis  & 
S.  F.  R.  Co.  v.  Cole. 

v.  Comley  (173  Ky.  469).  See  Louis- 
ville &  N.  R.  Co.  v.  Comley. 

v.  Commonwealth  (171  Ky.  355).  See 
Louisville  &  N.  R.  Co.  v.  Common- 
wealth. 

v.  Cooper  (164  Ky.  489).  See  Louis- 
ville &  N.  R.  Co.  v.  Cooper. 

v.  Coronas  (230  Fed.  545).  See  Ameri- 
can R.  Co.  v.  Coronas. 

v.  Crawford  ( —  Miss.  — ).  See  Yazoo 
&  M.  V.  R.  Co.  v.  Crawford. 

v.  Creal  ( —  Ky.  — ).  See  Kentucky 
Highlands  R.  Co.  v.  Creal. 

v.  Dougherty  ( —  Ky. — ).  See  Louis- 
ville &  N.  R.  Co.  v.  Dougherty. 

v.  Doyle  ( —  Colo.  — ).  See  Denver  & 
R.  G.  R.  Co.  v.  Doyle. 

v.  Dreyfus  (42  Okla.  401).  See  St. 
Louis  &  S.  F.  R.  Co.  v.  Dreyfus. 

v.  Electric  Co.  (219  Mass.  85).  See 
New  York,  C.  &  H.  R.  R.  Co.  v. 
Central  Massachusetts  Electric  Co. 

v.  Fitts  (40  Okla.  685).  See  St.  Louis 
&  S.  F.  R.  Co.  v.  Fitts. 

v.  Fulgham  (181  Fed.  91).  See  Mid- 
land Valley  R.  Co.  v.  Fulgham. 

v.  Caddie  (162  Ky.  205).  See  Louis- 
ville &  N.  R.  Co.  v.  Caddie. 

v.  Gelvin   (238  Fed.  14).     See  Chicago, 

B.  &  Q.  R.  Co.  v.  Gelvin. 

v.  George  (233  U.  S.  354).  See  Tennes- 
see C.  I.  &  R.  Co.  v.  George. 

v.  Goode  (4*2  Okla.  784).  See  St.  Lou- 
is &  S.  F.  R.  Co.  v.  Goode. 

v.  Grace  ( —  Wyo.  — ).  See  Union  P. 
R.  Co.  v.  Grace. 

v.  Greenwald  (104  Miss.  417).  See  Mo- 
bile &  0.  R.  Co.  v.  Greenwald. 

v.  Hawkins  ( —  Miss.  — ).     See  Illinois 

C.  R.  Co.  v.  Hawkins. 

v.  Hinds  (134  Tcnn.  293).  See  Lewis- 
bursj  &  N.  R.  Co.  v.  Hinds. 

v.  Holcombe  (—  Okla.  — ).  See  Ft. 
Smith  &  W.  R.  Co.  v.  Holcombe. 

v.  Hooker  (233  U.  S.  97).  See  Boston 
&  M.  R.  Co.  v.  Hooker.  - 

v.  Johnson  (168  Ky.  351).  See  Louis- 
ville &  N.  R.  Co.  v.  Johnson. 

v.  Kane  (124  Md.  231).  See  Baltimore 
&  O.  R.  Co.  v.  Kane. 

v.  Kitchens  (142  Ga.  677).  See  Colum- 
bus R.  Co.  v.  Kitchens. 

v.  Kraft  (156  Ky.  66).  See  Louisville 
&  I.  R.  Co.  v.  Kraft. 

Y.  Lawson  (161  Ky.  39).  See  Louis- 
ville &  N.  R.  Co.  v.  Lawson. 

v.  Lumber  Co.  (134  La.  788).  See  Lou- 
isir.ua  &  N.  W.  R.  Co.  v.  Athens 
Lumber  Co. 


TABLE  OF  CASES. 


505 


Railroad  Co.  v.  McWilliams   ( —  Miss.  — ). 
See  Mississippi  Central  R.   Co.  v. 
McWilliams. 
v.  Manufacturing  Co.   (166  N.  C.  168). 
See  Raleigh,  C.  &  S.  R.  Co.  v.  Meck- 
lenburg Mfg.  Co. 
v.  Marlin  (135  Tenn.  435).      See  Louis- 
ville &  N.  R.  Co.  v.  Marlin. 
v.  Maxwell  (237  U.  S.  94).     See  Louis- 
ville &  N.  R.  Co.  v.  Maxwell. 

v.  Moody  ( —  Ala.  — ).  See  Tennessee 
Coal,  I.  &  R.  Co.  v.  Moody. 

v.  Newsome  ( —  Ga.  — ).  See  Columbus 
R.  Co.  v.  Newsome. 

v.  Peninsula  Produce  Exchange  (240 
U.  S.  34).  See  New  York,  P.  &  N. 
R.  Co.  v.  Peninsula  Produce  Ex- 
change. 

v.  Rogers  (162  Ky.  535).  See  Illinois 
C.  R.  Co.  v.  Rogers. 

v.  Sanderson  (175  Ky.  11).  See  Illi- 
nois C.  R.  Co.  v.  Sanderson. 

v.  Sanford  (—  Okla.  — ).  See  St.  Lou- 
is &  S.  F.  R.  Co.  v.  Sanford. 

v.  Scott  ( —  Miss.  — ).  See  Yazoo  & 
M.  V.  R.  Co.  v.  Scott. 

v.  Seran  (—  Okla.—).  See  Fort  Smith 
&  W.  R.  Co.  v.  Seran. 

v.  State  (238  U.  S.  491).  See  Chicago, 
M.  &  St.  P.  R.  Co.  v.  State. 

v.  State  Bd.  of  Tax  Comrs.  (215  N.  Y. 
507).  See  People  ex  rel.  Harlem 
River  &  P.  C.  R.  Co.  v.  State  Bd. 
of  Tax  Comrs. 

v.  Steinberg  (—  Ohio  St.  — ).  See  Erie 
R.  Co.  v.  Steinberg. 

v.  Stephenson  (43  Okla.  676).  See  St. 
Louis  &  S.  F.  R.  Co.  v.  Stephen- 
son. 

v.  Surety  Co.  (113  Me.  465).  See 
Maine  C.  R.  Co.  v.  National  Sure- 
ty Co. 

v.  Telephone  Co.  (163  Ky.  415).  See 
Louisville  &  N.  R.  Co.  v.  Russell- 
vine  Home  Teleph.  Co. 

V.  Titus  (216  N.  Y.  17).  See  Pennsyl- 
vania R.  Co.  v.  Titus. 

v.  Toomer  (—  Okla.  — ).  See  Midland 
Valley  R.  Co.  v.  Toomer. 

v.  Traction  Co.  ( —  Miss.  — ).  See  Mis- 
sissippi C.  R.  Co.  v.  Hattiesburg 
Traction  Co. 

v.  Trust  Co.  (123  C.  C.  A.  72).  Sec 
Havana  C.  R.  Co.  v.  Central  Trust 
Co. 

V.  Trust  Co.  (198  N.  Y.  422).  See 
Havana  C.  R.  Co.  v.  Knickerbocker 
Trust  Co. 

v.  Tucker  (35  App.  D.  C.  123).  See 
Philadelphia,  B.  &  W.  R.  Co.  v. 
Tucker. 

v.  United  States  (127  C.  C.  A.  61).  See 
Spokane  &  I.  E.  R.  Co.  v.  United 
States. 

v.  Vizvari  (126  C.  C.  A.  632).  See  New 
York,  N.  H.  &  H.  R.  Co.  v.  Vizvari. 

v.  Welshman  (229  Fed.  82).  See  Dela- 
ware, L.  &  W.  R.  Co.  v.  Welshman. 

v.  White  (243  U.  S.  188).  See  New 
York  C.  R.  Co.  v.  White. 

v.  Whitley  (237  U.  S.  487).  See  Spo- 
kane &  I.  E.  R.  Co.  v.  Whitley. 


Railroad  Co.  v.  Williams  (165  Ky.  386). 
See  Louisville  &  N.  R.  Co.  v.  Wil- 
liams. 

v.  Young  (118  C.  C.  A.  465).  See  Cen- 
tral R.  Co.  v.  Young. 

Railway  &  Electric  Co.  v.  Leader  Co.  (125 
Ark.  418).  See  Little  Rock  R.  & 
E.  Co.  v.  Leader  Co. 

Railway  &  Light  Co.  v.  Railroad  Com.  (153 
Wis.  592).  See  Milwaukee  Electric 
R.  &  Light  Co.  v.  Railroad  Com. 
v.  Vangilder  (132  Tenn.  487).  See 
Knoxville  R.  &  Light  Co.  v.  Van- 
gilder. 

Railway  &  Nav.  Co.  v.  Baton  Rouge  Brick- 
yard (136  La.  833).  See  Louisiana 
R.  &  Nav.  Co.  v.  Baton  Rouge 
Brickyard. 

Railway  Co.  v.  Arey  (—  Tex.  — ).  See  St. 
Louis  S.  W.  R.  Co.  v.  Arey. 

v.  Ashinger  ( —  Okla.  — ).  See  Mis- 
souri, K.  &  T.  R.  Co.  v.  Ashinger. 

v.  Austin  ( —  Okla.  — ).  See*  Chicago, 
R.  I.  &  P.  R.  Co.  v.  Austin. 

v.  Bailey  (—  Ga.  — ).  See  Southern  R. 
Co.  v.  Bailey. 

v.  Bates  (—  Ala.  — ).  See  Southern  R. 
Co.  v.  Bates. 

v.  Bellamy  (113  Ark.  384).  See  St. 
Louis.  I.  M.  &  S.  R.  Co.  v.  Bellamy. 

v.  Blackshear  (—  Tex.  — ).  See  Trini- 
ty &  B.  V.  R.  Co.  v.  Blackshear. 

v.  Blackwell  (244  U.  S.  310).  See  Sea- 
board Air  Line  R.  Co.  v.  Black- 
well. 

v.  Bradshaw  (37  Okla.  317).  See  Mis- 
souri, K.  &  T.  R.  Co.  v.  Bradshaw. 

v.  Buckhannon  River  Coal  &  Coke  Co. 
(—  W.  Va.  — ).  See  Coal  &  Coke 
R.  Co.  v.  Buckhannon  River  Coal 
&  Coke  Co. 

v.  Cantrell  (—  Okla.  — ).  See  St. 
Louis,  I.  M.  &  S.  R.  Co.  v.  Can- 
trell. 

v.  Capital  Trust  Co.  (242  U.  S.  144). 
See  Great  Northern  R.  Co.  v.  Capi- 
tal Trust  Co. 

v.  Clark  (235  U.  S.  669).  See  Arizona 
&.N.  M.  R.  Co.  v.  Clark. 

v.  Covington  (235  U.  S.  537).  See 
South  Covington  &  C.  Street  R.  Co. 
v.  Covington. 

v.  Craft  (115  Ark.  483).  See  St.  Louis, 
I.  M.  &  S.  R.  Co.  v.  Craft. 

v.  De  Vore  (43  Okla.  534).  See  Chica- 
go, R.  I.  &  P.  R.  Co.  v.  De  Vore. 

v.  Dott  (161  Ky.  759).  See  Louisville 
R.  Co.  v.  Dott. 

V.  Eastham  (—  Ky.  — ).  See  Cincin- 
nati, N.  O.  &  T.  P.  R.  Co.  v.  East- 
ham. 

v.  Ellis  ( —  Okla.  — ).  See  Missouri, 
K.  &  T.  R.  Co.  v.  Ellis. 

v.  Fidelity  &  D.  Co.  (—  Minn.  — ).  See 
Duluth  Street  R.  Co.  v.  Fidelity  & 
D.  Co. 

v.  Friend    (159  Ky.  778).     See  Chesa- 
»  peake  &  0.  R.  Co.  v.  Friend. 

v.  Fugatt  (—  Okla.  — ).  See  Kansas 
City,  M.  &  0.  R.  Co.  v.  Fugatt. 

v.  Galvin  (—  Okla.  — ).  See  Chicago, 
R.  I.  &  P.  R.  Co.  v.  Galvin. 


506 


TABLE  OF  CASES. 


Railway  Co.  v.  Gosnell  (—  S.  C.  — ).  See 
Charleston  &  W.  C.  R.  Co.  v.  Gos- 
nell. 

.  v.  Griffin  (106  Tex.  477).  See  St.  Louis 
S.  W.  R.  Co.  v.  Griffin. 

v.  Harman  (—  C.  C.  A.  — ).  See  Great 
Northern  R.  Co.  v.  Harman. 

v.  Harris  (234  U.  S.  412).  See  Mis- 
souri, K.  &  T..R.  Co.  v.  Harris. 

v.  Hatchett  (174  Ky.  463).  See  South- 
ern R.  Co.  v.  Hatchett. 

v.  Horton  (233  U.  S.  492).  See  Sea- 
board A.  L.  R.  Co.  v.  Horton. 

v.  Hubble  (140  Ga.  368).  See  Nash- 
ville, C.  &  St.  L.  R.  Co.  v.  Hubble. 

v.  Humphreys  (107  Ark.  330).  See  Chi- 
cago, R.  I.  &  P.  R.  Co.  v.  Hum- 
phreys. 

v.  Industrial  Board  (273  111.  528).  See 
Chicago,  R.  I.  &  P.  R.  Co.  v.  In- 
dustrial Board. 

v.  Jackson  ( —  Ark.  — ).  See  St.  Louis, 
I.  M.  &  S.  R.  Co.  v.  Jackson. 

v.  Kelly  (241  U.  S.  485).  See  Chesa- 
peake &  O.  R.  Co.  v.  Kelly. 

v.  Kendall  (—  Ark.  — ).  See  St.  Louis 
S.  W.  R.  Co.  v.  Kendall. 

v.  Kinney  (—  Ohio  St.  — ).  See  Pitts- 
burgh, C.  C.  &  St.  L.  R.  Co.  v. 
Kinney. 

v.  McNabb  (—  Tenn.  — ).  See  South- 
ern R.  Co.  v.  McNabb. 

v.  Mason  (169  Ky.  699).  See  Chesa- 
peake &  0.  R.  Co.  v.  Alason. 

v.  Matukas  (—  Okla.  — ).  See  Chica- 
go, R.  I.  &  P.  R.  Co.  v.  Matukas. 

v.  Medley  (—  Okla.  — ).  See  Chicago, 
R.  I:  &  P.  R.  Co.  v.  Medley. 

v.  Miller  Levee  District  (123  C.  C.  A. 
88).  See  St.  Louis  S.  W.  R.  Co. 
v.  Miller  Levee  District. 

v.  Morton  County  (32  N.  D.  627).  See 
Northern  Pacific  R.  Co.  v.  Morton 
County. 

v.  Mullin.  (—  Fla.  — ).  See  Seaboard 
Air  Line  R.  Co.  v.  Mullin. 

V.  Patterson  (—  Ark.  — ).  See  St. 
Louis,  I.  M.  &  S.  R.  Co.  v.  Patter- 
son. 

v.  Pearce  ( —  Ark.  — ).  See  Chicago, 
R.  I.  &  P.  R.  Co.  v.  Pearce. 

v.  Public  Service  Commission.  (75  W. 
Va.  100).  See  Chesapeake  &  O.  R. 
Co.  v.  Public  Service  Commission. 

v.  Rankin  (241  U.  S.  319).  See  Cincin- 
nati, N.  O.  &  T.  P.  R.  Co.  v.  Ran- 
kin. 

v.  Rapid  Transit  Co.  ( —  Tenn.  — ). 
See  Memphis  Street  R.  Co.  v.  Rap- 
id Transit  Co. 

v.  Richland  County  (—  N.  D.  — ).  See 
Northern  P.  R.  Co.  v.  Richland 
County. 

v.  Richter  (20  N.  M.  278).  See  Atchi- 
son,  T.  &  S.  F.  R.  Co.  v.  Richter. 

V.  Roddy  (132  Tenn.  568).  See  Cin- 
cinnati, N.  O.  &  T.  P.  R.  Co.  v. 
Roddy. 

v.  Schuler  ( —  Ind.  — ).  See  Cleveland, 
C.  C.  &  St.  L.  R.  Co.  v.  Schuler. 

v.  Scott  (172  Ky.  183).  See  Ohio  Val- 
ley Electric  R.  Co.  v.  Scott. 


Railway  Co.  v.  Shewalter  (128  Tenn.  363). 

See  Carolina,  C.  &  O.  R.  Co.  v.  She- 
waiter. 
v.  Sproul  (99  Kan.  608).    See  Missouri 

P.  R.  Co.  v.  Sproul. 
v.  Stannard  (99  Kan.  720).      See  Atchi- 

son,  T.  &  S.  F.  R.  Co.  v.  Stannard. 
v.  State    (—  Okla.  — ).     See   Chicago, 

R.  I.  &  P.  R.  Co.  v.  State. 
v.   State    (180    Ind.   245).      See   Pitts- 
burgh, C.   C.   &   St.   L.   R.   Co.   v. 

State. 
v.  State  (—  Tenn.  — ).     See  Southern 

R.  Co.  v.  State. 
v.  State  ex  rel.  McCue  (236  U.  S.  585). 

See  Minneapolis,  St.  P.  &  S.  Ste. 

M.  R.  Co.  v.  McCue. 
v.  State  ex  rel.  McCue  (236  U.  S.  585). 

See  Northern   P.  R.   Co.   v.   State 

ex  rel.  McCue. 
v.  State  Bd.  of  Tax  Comrs.  (215  N.  Y. 

434).      See    People    ex    rel.    New 

York,  O.  &  W.  R.  Co.  v.  State  Bd. 

of  Tax  Comrs. 
v.  Steel   (—  Ark.  — ).     See  St.  Louis, 

I.  M.  &  S.  R.  Co.  v.  Steel. 
v.  Stone  (34  Okla.  364).     See  Chicago, 

R.  I.  &  P.  R.  Co.  v.  Stone. 
v.  Stratton  (131  Tenn.  620).    See  Mem- 
phis Street  R.  Co.  v.  Stratton. 
v.  Tackitt   (167  Ky.  756).     See  Sandy 

Valley  &  E.  R.  Co.  v.  Tackitt. 
v.  Tapley"  (—  Ga.  — ).     See  Georgia  & 

F.  R.  Co.  v.  Tapley. 
v.  Telegraph  Co.   (230  Fed.  347).     See 

Northern   Pacific   R.   Co.   v.   North 

American  Teleg.  Co. 
v.  Thomas  (—  Okla.  — ).     See  Oklaho- 
ma R.  Co.  v.  Thomas. 
v.  Tukey  (—  Ark.  — ).     See  St.  Louis, 

I.  M.  &  S.  R.  Co.  v.  Tukey. 
v.  United  States    (129  C.  C.  A.  514). 

See  Northern  P.  R.  Co.  v.  United 

States. 
v.  United  States  (—  C.  C.  A.  — ).    See 

Great   Northern   R.   Co.   v.   United 

States. 

v.  Vaughan  (118  Va.  692).     See  South- 
ern R.  Co.  v.  Vaughan. 
v.  Vosburg  (238  U.  S.  56).    See  Atchi- 

son,  T.  &  S.  F.  R.  Co.  v.  Vosburg. 
v.  Watkins  ( —  Ark.  — ).     See  Chicago, 

R.  I.  &  P.  R.  Co.  v.  Watkins. 
v.  Way  (—  S.  D.  — ).     See  Minnesota, 

D.  &  P.  R.  Co.  v.  Way. 
v.  Wooden  Ware  Co.    (159  Wis.  130). 

See  Minneapolis,   St.   P.   &  S.   Ste. 

M.    R.    Co.    v.    Menasha    Wooden 

Ware  Co. 
Railway,  Light,  &  Power  Co.  v.  Pratt   ( — 

Ala.    — ).       See    Birmingham    R., 

Light  &  Power  Co.  v.  Pratt. 
Railway  Mail  Asso.  v.  Dent   (L.R.A.1915A, 

314,  —  C.  C.  A.  — ,  213  Fed.  981) 
Railways  &  Electric  Co.  v.  Phillips  (—  Md. 

— ).      See   United   Railways   &    E. 

Co.  v.  Phillips. 
Rainey  v.  Grace  &  Co.  (L.R.A.1916A,  1149, 

132  C.  C.  A.  509,  216  Fed.  449) 
Rainier  v.  Masters    (L.R.A.1016E,  1175,  — 

Or.  — ,  154  Pac.  426) 


TABLE  OF  CASES. 


507 


Rains  v.  Weiler  (L.R.A.1917F,  571,  —  Kan. 

— ,  166  Pac.  235) 
Raleigh,  C.  &  S.  R.  Co.  v.  Mecklenburg  Mfg. 

Co.   (L.R.A.1916A,  1079,  166  N.  C. 

168,  82  S.  E.  5) 

Raleigh  Coal  &  Coke  Co.,  Humphreys  v. 
Raleigh    County    Bank    v.    Poteet    (L.R.A. 

1915B,  928,  —  W.  Va.  — ,  82  S.  E. 

332) 
Rail  Grain  Co.  v.  Missouri  P.  R.  Co.  (L.R.A. 

1916C,  429,  94  Kan.  446,  146  Pac. 

1180) 
Ramlow    v.    Moon    Lake    lea    Co.    (L.R.A. 

1916F,  955,  —  Mich.  — ,  158  N.  W. 

1027) 
Rammage   v.   Kendall    (L.R.A.1916C,   1295, 

—  Ky.  — ,  181  S.  W.  631) 
Rampon  v.  Washington  Water  Power  Co. 

(L.R.A.1917C,    998,    —    Wash.    — , 

162  P.ac.  514) 

Ramsey,  Milwaukee  Mechanics'  Ins.  Co.  v. 
Ramstad  v.  Carr  (L.R.A.1916B,  1160,  31  N. 

D.  504,.  154  N.  W.  195) 
Randall,  Turner  v.  . 

Rankin,  Cincinnati,  N.  0.  &  T.  P.  R.  Co.  v. 
Ransom  v.  New  York,  C.  &  St.  L.  R.  Co. 

(L.R.A.1916E,  704,  —  Ohio  St.  — , 

112  N.  E.  586) 
Van  Ness  v. 
v.    Wickstrom    (L.R.A.1916A,    588,    84 

Wash.  419.  146  Pac.  1041) 
Rapid  Transit  Co.,  Memphis  Street  R.  Co.  v. 
Rasmusson  v.   Dubuque  F.    %   M.  Ins.   Co. 

See  Rasmusson  v.  North  Coast  F. 

Ins.  Co. 
V.  North    Coast    F.    Ins.    Co.     (L.R.A. 

1915C,  1179.  —  Wash.  — ,  145  Pac. 

610) 

Raspberry,  Market  Nat.  Bank  v. 
Rast  v.  Van  Deman  &  L.  Co.  (L.R.A.1917A, 

421,  240  U.  S.  342,  60  L.  ed.  679, 

36  Sup.  Ct.  Rep.  370) 
Ratchford  v.  Cayuga  County  Cold  Storage 

&   W.   Co.    (L.R.A.1916E,   615,  217 

N.  Y.  565,  112  N.  E.  447) 
Ratcliffe,  Re  (L.R.A.1917C,  188,  139  La.  996, 

72  So.  713) 
Rathman  v.  New  Amsterdam  Casualty  Co. 

(L.R.A.1915E,  980,  —  Mich.  — ,  152 

N.  W.  983) 

Rathskeller  Co.,  United  Iron  Works  v. 
Raub  v.  Lehigh  Valley  R.  Co.  (L.R.A.1915F, 

838,  —  N.  J.  — ,  94  Atl.  567) 
Rawleigh   Medical   Co.   v.    Osborne    (L.R.A. 

1917B,  803,  —  Iowa,  — ,  158  N.  W. 

566) 

Stewart  v. 
Rawson,  Rusmisell  v. 

Ruth  v. 
Ray  v.  Missouri,  K.   &   T.  R.  Co.    (L.R.A. 

1916D,  1046,  96  Kan.   8,  149  Pac. 

397) 

Rayburn,  State  v. 
Raymond   v.   Leishman    (L.R.A.1915A,   400, 

243  Pa.  64,  89  Atl.  791) 
Raymond  Light  &  W.  Co.,  Raymond  Lum- 
ber Co.  v. 
Raymond  Lumber  Co.  v.  Raymond  Light  & 

W.  Co.  (L.R.A.1917C,  574,  92  Wash. 

330,    P.U.R.1916F,    437,    159    Pac. 

133) 


Rayner  v.  Sligh  Furniture  Co.  (L.R.A.1916A, 

22,  180  Mich.  168,  146  N.  W.  665) 
Reader    v.    Farriss    (L.R.A.1916D,    672,    — 

Okla.  — ,  153  Pac.  678) 
Realty  Co.  v.  Schinasi  (215  N.  Y.  495).    See 

Acme  Realty  Co.  v.  Schinasi. 
v.  Starkey   (136 'La.  28).     See  Quaker 

Realty  Co.  v.  Starkey. 
Rebillard  v.  Minneapolis,  St.  P.  &  S.  Ste.  M. 

R.  Co.   (L.R.A.1915B,  953,  —  C.  C. 

A.  — ,  216  Fed.  503) 
Record  v.  Ellia  (L.R.A.1916E,  654,  97  Kan. 

754,  156  Pac.  712) 
Redick,  Homan  v. 
Reed,  Anderson  v. 

Smith  v. 
Reese  v.  Abeles  (L.R.A.1917E,  747,  100  Kan.    ' 

518,  164  Pac.  1080) 
Northup  v. 
Reeve  v.  Northern  P.  R.  Co.   (L.R.A.1915C, 

37,  —  Wash.  — ,  144  Pac.  63) 
Reeves,  Chatfield  Co.  v. 
Reeves  &  Co.  v.  Russell  (L.R.A.1915D,  1149, 

28  N.  D.  265,  148  N.  W.  654) 
Refining  Co.  v.  Hayne   (138  La.  555).     See 

Gulf  Refining  Co.  v.  Hayne. 
v.  Lathrop  ( —  Okla.  — ).    See  Colonial 

Refining  Co.  v.  Lathrop. 
Reformed  Protestant  Dutch  Church  v.  Madi- 
son  Ave.   Bldg.   Co.    (L.R.A.1915F, 

651,  214  N.  Y.  268,  108  N.  E.  444) 
Regan  v.   Parker  Washington   Co.    (L.R.A. 

1915F,  810,  123  C.  C.  A.  648,  205 

Fed.  692) 
Rehmel    v.    Board    of    Supervisors    (L.R.A. 

1916B,  897,  —  Iowa,  — ,  154  N.  W. 

596) 

Reib,  Grigsby  v. 
Reid,  Re   (L.R.A.1916F,  394,  —  App.  D.  C. 

— ) 
Reiff  v.  Armour  &  Co.  (L.R.A.1915A,  1201, 

79  Wash.  48,  139  Pac.  633) 
Bausbach  v. 
v.  Portland    (L.R.A.1915D,  772,  71  Or. 

421,  141  Pac.  167,  142  Pac.  827) 
Reilly  v.  Connable    (L.R.A.1916A,  954,  214 

N.  Y.  586,  108  N,  E.  853) 
Reinberg,  People  ex  rel.  Dibelka  v. 
Reineke,  State  v. 
Reithel,   Re    (L.R.A.1916A.   304,  222   Mass. 

163,  109  N.  E.  951) 
Reliable  Mut.  Hail  Ins.  Co.  v.  Rogers  (L.R.A. 

1«17B,  350,  —  Okla.  — ,  160  Pac. 

914) 
Removich   v.   Bambrick  Bros.   Construction 

Co.   (L.R.A.1917E,  233,  264  Mo.  43, 

173  S.  W.  686) 
Render  v.  Lillard   (L.R.A.1917B,    1061,    — 

Okla.  — ,  160  Pac.  705) 
Renschler  v.   State   ex  rel.   Hogan    (L.R.A. 

1915D,  501,  —  Ohio  St.  — ,  107  N. 

E.  758) 
Republic  Iron  &  Steel  Co.  v.  Self   (L.R.A. 

1915F,  516,  —  Ala.  — ,  68  So.  328) 
Ressell  v.  McKenna.     See  Hamilton  v.  Mc- 

Kenna. 
Reutkemeier  v.  Nolte  (L.R.A.1917D,  273,  — 

Jovva,  — ,  161  N.  W.  290) 
Revelle,  Cox  v. 
Reynolds    v.    Day     (L.R.A.1916A,    432,    79 

Wash.  499,  140  Pac.  681) 


508 


TABLE  OF  CASES. 


Reynolds  v.  Garber-Buick  Co.  (L.R.A.1915C, 

36-2,  —  Mich.  — ,  149  X.  W.  985) 
v.   Sevier    (L.R.A.1915E,   593,   165   Ky. 

158,  176  S.  W.  961) 
Rhad  v.  Duquesne  Light  Co.   (L.R.A.1917D, 

864,  255  Pa.  409,   100  Atl.  262) 
Rhode  Island  Co.,  Cam-popiano  v. 
Gagnon  v. 
Greene  v. 
Lyon  v. 

Rhodes   Bros.   Co.  v.  Musicians'  Protective 
Union,  Local  No.  198  (L.R.A.1915E, 
1037,  —  R.  I.  — ,  92  Atl.  641) 
Rice  v.   Harrington    (L.R.A.1916E,   356,  — 

R.  I.  — ,  94  Atl.  736) 
v.  Klette    (L.R.A.1917B,    45,    149    Ky. 

787,  149   S.  W.   1019) 
v.  Puget     Sound     Traction,     Light    & 
Power   Co.    (L.RJL1915A,   797,  — 
Wash.  — ,  141  Pac.  191) 
Richards    v.    District    School    Bd.    (L.R.A. 
1916C,  789,  —  Or.  — ,  153  Pac.  482) 
Rowe  v. 

v.  Washington    Terminal    Co.     (L.R.A. 
1915A,  887,  233   U.   S.  546,  58  L. 
ed.  1088,  34  Sup.  Ct.  Rep.  654) 
v.  Whisman  (36  S.  D.  260).    See  State 

ex  rel.  Richards  v.  Whisman. 
Richardson,  Holman  v. 
Shaefier  v. 
State  v. 

Richland  County,  Northern  P.  R.  Co.  v. 
Richmond,  Com.  v. 
Richter,  Atchison,  T.  &  S.  F.  R.  Co.  v. 

v.  Granite  Mfg.  Co.  (L.R.A.1916A,  504, 

—  Tex.  — ,  174  S.  W.  284) 
Ricks,  State  v. 

Ridge  v.  Norfolk  S.  R.   Co.    (L.R.A.1917E, 

215,  167  X.  C.  510,  83  S.  E.  762) 
Tebeau  v. 
Ridge    Ave.    Bank,    Farmers'    &    M.    Nat. 

Bank  v. 
Ridgeway  v.  Modern  Woodmen  of  America 

(L.R.A.1917A,   1062,   98   Kan.   240, 

157  Pac.  1191) 
Ridout,  Duvall  v. 
Rieger  &  Co.  v.  Knight  (L.R.A.1916E,  1277, 

—  Md.  — ,  97  Atl.  358) 
Ries,  State  ex  rel.  Coburn  v. 

Riggle  v.  Brodigan.    See  State  ex  rel.  Riggle 

v.  Brodigan. 
v.Lens    (L.R.A.1915A,  150,  —  Or.  — , 

142  Pac.  346) 
Riley  v.  JEtna  Ins.  Co.   (JL.R.A.1917E,  983, 

—  W.  Va.  — ,  92  S.  E.  417) 
Biddle  v. 

v.  Pearson   (L.R.A.1916D,  7,  120  Minn. 

210,  139  X.  W.  361) 
v.  State    (L.R.A.1915A,   1041,  —  Miss. 

— ,  65  So.  882) 
Ringer,  Marlow  v. 
Rippetoe,  Lillienkamp  v. 
Risting   v.   Sparboe    (L.R.A.1917E,   318,  — 

IOW&)  _,  162  N.  W.  592) 
Ritchey,  Commonwealth  v. 
Ritchie,  Hill  v. 
Rittenhouse,  Smith  v. 
Ritter  Lumber  Co.,  Boyd  v. 

v.  Lowe  (L.R.A.1916E,  718,  75  W.  Va. 

714,  84  S.  E.  566) 
Ritzmann  v.  Campbell   (L.R.A.1916E,  1251, 

—  Ohio  St.  — ,  112  X.  E.  591) 


|  Riverside   Heights   Orange   Growers'   Asso., 

Stebler  v. 
Riverside  Irrigation  Co.  v.  Cadwell  (L.R.A. 

1916F,  724,  —  X.  M.  — ,  158  Pac. 

644) 
Robertson,  Ex  parte   (L.R.A.1915E,  691',  — 

Xev.  — ,  149  Pac.  182) 
v.  Moore  (L.R.A.1915D,  496,  168  X.  C. 

388,  84  S.  E.  351) 
Roberts  v.  Bennett   (L.R.A.1916C,  1098,  — 

Ky.  — ,  179  S.  W.  605) 
Conrad  v. 
Lamb  v. 
v.  Roberts  (L.R.A.1917C,  1140,  —  Minn. 

— ,  161  N.  W.  148) 
Roberts     County,     Minneapolis     Threshing 

Mach.  Co.  v. 
Robertson  v.  Freebury  (L.R.A.1916B,  883,  — 

Wash.  — ,  152  Pac.  5) 
Robinovitz  v.  Hamill  (L.R.A.1915D,  981,  — 

Okla.  — ,  14"4Pac.  1024) 
Robinson  v.  Baltimore  &  0.  R.  Co.  (L.R.A. 

1915D,  510,  40  App.  D.  C.  169) 
v.  Brotherhood    of   Railroad    Trainmen 

(L.R.A.1917E,  995,  —  W.  Va.  — ,  92 

S.  E.  730) 

Lee  Line  Steamers  v. 
v.  Robinson   (L.R.A.1915B,  1071,  —  N. 

J.  — ,  92  Atl.  94) 
v.  Robinson      (L.R.A.1916B,     919,     — 

Wash.  — ,  151  Pac.  1128) 
v.  Southern  R.  Co.  (L.R.A.1915B,  621> 

40  App.  D.  C.  549) 
v.  State  (L.R.A.1915E,  1215,  —  Fla.  — , 

68  So.  649) 
Robinson  &  Co.  v.  Douglas  County  (L.R.A. 

1915C,  922,  88  Xeb.  363,  129  X.  W. 

548) 

Robinson  Constr.  Co.,  Baltimore  v. 
Robison  v.  Fishback  (L.R.A.1917B,  1179,  175 

Ind.  132,  93  X.  E.  666) 
Rochester  v.  Gutberlett    (L.R.A.1915D,  209, 

211  X.  Y.  309,  105  X.  E.  548) 
Rochester  Lime  Co.,  Perry  v. 
Rock  v.  Ekern  (L.R.A.1916D,  459,  162  Wis. 

291,  156  X.  W.  197) 
v.  Travelers'     Ins.     Co.     (L.R.A.1916E, 

1196,  —  Cal.  — .  156  Pac.  1029) 
Rockland-Rockport     Lime     Co.     v.     Leary 

(L.R.A.1916F,  352,  203  X.  Y.  469, 

97  N.  E.  43) 
Rocky  Mount,  Hines  v. 
Roddy,  Cincinnati,  N.  0.  &  T.  P.  R.  Co.  Y. 
v.  United  Mine  Workers  (L.R.A.1915D, 

789,  41  Okla.  621,  139  Pac.  126) 
Roden   v.   Williams    (L.R.A.1917A,   415,   — 

Xeb.  — ,  158  N.  W.  360) 
Roebling's  Sons  Co.  v.  Southern  Power  Co. 

(L.R.A.1915B,   900,   —   Ga.   — ,   83 

S.  E.  138) 
Roebuck   v.    Atchison,   T.   &    S.   F.   R.    Co 

(L.R.A.1917E,    741,    99    Kan.    544, 

162  Pac.  1153) 
Roedenbeck,  Macy  v. 
Roemer    v.    Schmidt    Brewing    Co.    (L.R.A. 

1916E,  771,  —  Minn.  — ,  157  X.  W. 

640) 
Rogers,  Re  (L.R.A.1917A,  16S,  245  Pa.  206, 

91  Atl.  351) 
v.  Atlantic,  G.  &  P.  Co.   (L.R.A.1916A, 

787,  213  X.  Y.  246,  107  X.  E.  661) 


TABLE  OF  CASES. 


509 


Rogers  v.  Fancy  Farm  Teleph.  Co.  (L.R.A. 

1916D,  186,  160  Ky.  841,  170  S.  W. 

178) 

Illinois  C.  R.  Co.  v. 
Irwin  v. 
v.  Maine  C.  R.  Co.   (L.R.A.1915F,  1184, 

—  Me.  — ,  94  Ath  758) 
Reliable  Mut.  Hail  Ins.  Co.  v. 
v.  Rogers  (L.R.A.1915A,  1137,  93  Kan. 

114,  143  Pac.  410) 
v.  State    (L.R.A.1915B,    1125,  —   Neb. 

— ,  149  N.  W.  318) 
State  v. 
Rohan  v.  Johnson   (L.R.A.1916E,  64,  —  N. 

D.  — ,  156  N.  W.  936) 

Roller  v.  Murray  (L.R.A.1915F,  984,  71  W. 

Va.  161,  76  S.  E.  172) 
Rollwage,  Melville  v. 
Romana  v.  Boston  Elevated  R.  Co.  (L.R.A. 

1915A,  510,  218  Mass.  76,  105  N. 

E.  598) 

Roman  Catholic  Church  of  St.  Anthony  v. 
Pennsylvania  R.  Co.  (L.R.A.1915E, 
623,  125  C.  C.  A.  620,  207  Fed. 
897) 

Roofing  &  Ceiling  Co.  v.  Gaspard   ( —  Ohio 
St.  _).    See  Cleveland  Metal  Roof- 
ing &  Ceiling  Co.  v.  Gaspard. 
Roquette,  Sunshine  Cloak  &  Suit  Co.  v. 
Rose,  Burton  v. 
Hall  v. 
v.  Northern    P.    R.    Co.    (L.R.A.1915B, 

166,  —  Wash.  — ,  143  Pac.  145) 
v.  Public    Service    Commission    (L.R.A. 
1915B,  358,  —  W.  Va.  — ,  83  S.  E. 
85) 

Sackett  v. 
State  v. 

Rosenbloom,  Oleon  v. 
Rosenheim,  Pacholder  v. 

Safe  Deposit  &  Trust  Co.  v. 
Rosenstock,  Whipple  v. 
Rosenthal  v.  Insurance  Co.  of  N.  A.  (L.R.A. 
1915B,  361,   158  Wis.  550,  149  N. 
W.  155) 

Rosignol,  Bell  v. 
Ross  v.  Erickson  Constr.  Co.  (L.R.A.1916F, 

319,  89  Wash.  634,  155  Pac.  153) 
v.  Kohler    (L.R.A.1915D,  621,   163  Ky. 

583,  174  S.  W.  36) 
v.  Sanderson     (L.R.A.1917C,     879,     — 

Okla.  — ,  162  Pac.  709) 
v.  Sisters  of  Charity  of  The  Incarnate 
Word  (L.R.A.1917F,  260,  —  La.  — , 
75  So.  425) 

Rossman    v.    Georgia    Railway    &    P.    Co. 
(L.R.A.1917C,  483,  —  Ga.  — ,  91  S. 
E.  90) 
State  v. 
Rostad  v.  Thorsen    (L.R.A.1917D,  1170,  — 

Or.  — ,  163  Pac.  423) 
Roswell  v.  Bateman   (L.R.A.1917D,  365,  20 

X.  M.  77,  146  Pac.  950) 
Rott  v.  Goehring  (L.R.A.1916E,  1086,  —  N. 

D.  — .  157  N.  W.  294) 
Rouse  v.  Ottenwess   (L.R.A.1915B,  148,  126 

C.  C.  A.  90,  208  Fed.  881) 
Rowe,  Litz  v. 

v.  Richards    (L.R.A.1915E,  1069,  32  S. 

D.  66.  142  X.  W.  664) 

v.  Richards    (L.R.A.1915E.   1075,  —  S. 
D.  — ,  151  N.  W.  1001) 


Rowland,  Hobbs  v. 

Rowlett,  Moore  v. 

Royal  Arcanum  v.  Green  (L.R.A.1916A,  771, 

237  U.  S.  531,  59  L.  ed.  1089,  35 

Sup.  Ct.  Rep.  724)' 
v.  Vitzthum     (L.R.A.1917A,     179,     128 

Md.  523,  97  Atl.  923) 
Royal  Casualty  Co.,  Sykes  v. 
Royal  League,  Anderson  v. 
R.  P.  K.  Pressed  Metal  Co.,  Low  v. 
Rubber  Co.  v.  Benedict  (215  X.  Y.  18).    See 

General  Rubber  Co.  v.  Benedict, 
v.  Engineering  Co.  (—  Wash.  — ).    See 

United  States  Rubber  Co.  v.  Wash- 
ington Engineering  Co. 
v.  Johnson  (133  Tenn.  562).    See  Coop- 
er Rubber  Co.  v.  Johnson. 
Rubin,  Granite  Building  Corp.  v. 
Ruge  v.  Ruge  (L.R.A.1917F,  721,  —  Wash. 

— ,  165  Pac.  1063) 
v.  Webb  Press  Co.    (L.R.A.1916F,  446, 

—  Fla.  — ,  71  So.  627) 
Ruh,  Com.  ex  rel.  Atty.  Gen.  v. 
Rumetsch  v.  Wanamaker  (L.R.A.1916C, 

1243,  216  X.  Y.  379,  110  X.  E.  760) 
Rumpf,  Neill  Co.  v. 

Runkles,  Mount  Airy  Milling  &  Grain  Co.  v. 
Runyan  v.  Culver  (L.R.A.1916F,  3,  168  Ky. 

45,  181  S.  W.  640) 
Rupp,  State  v. 
Ruppert,  Heitz  v. 

v.  McArdle  (L.R.A.1915C,  846,  42  App. 

D.  C.  392) 
Ruse  v.  State  (L.R.A.1917E,  726,  —  Ind.  — , 

115  N.  E.  778) 
Rusmisell    v.    Rawson.      See    Rusmisell    v. 

White  Oak  Stave  Co. 
v.  White  Oak  Stave  Co.   (L.R.A.1917F, 

453,  —  W.  Va.  — ,  92  S.  E.  672) 
Russell,  Griffin  v. 

v.  Lambert  (L.R.A.1915B,  20,  14  Idaho, 

284,  94  Pac.  54) 
O'Meara  v. 
Reeves  &  Co.  v. 
Russellville  Home  Teleph  Co.,  Louisville  & 

N.  R.  Co.  v. 
Russo   v.   Orpheum  Theatre   &   Realty   Co. 

(L.R.A.1915B,   1119,  —  La.  — ,  66 

So.  385) 

Ruston,  Union  Ice  &  Coal  'Co.  v. 
Ruth  v.  Rawson.     See  Rusmisell  v.  White 

Oak  Stave  Co. 
v.  Witherspoon-Englar       Co.       (L.R.A. 

1916E,  1201,  —  Kan.  — ,  157  Pac. 

403) 
Rutherford  v.  Holbert  (L.R.A.1915B,  221,  — 

Okla.  — ,  142  Pac.  1099) 
Pomeroy  v. 
Ryan  v.  Boston  Letter  Carriers'  Mut.  Ben. 

Asso.  (L.R.A.1916C,  1130,  222  Mass. 

237,  110  XT.  E.  281) 
v.  Humphries     (L.R.A.1915F,    1047,    — 

Okla.  — ,  150  Pac.  1106. 
v.  People    (L.R.A.1917F,   646,    60  Colo. 

425,  153  Pac.  756) 

S. 

Sackett  v.  Rose  (L.R.A.1916D,  820,  —  Okla. 

— ,  154  Pac.  1177) 
Saco  Grange,  Patrons  of  Husbandry,  No.  53, 

Graffam  v. 


510 


TABLE  OF  CASES. 


Safe  Deposit  &  T.  Co.  v.  Diamond  Coal  & 

Coke    Co.    (L.R.A.1917A,    596,    234 

Pa.   100,  83  Atl.  54) 
v.  Rosenhejm.    See  Pacholder  v.  Rosen- 

heim. 
Safe  Deposit  Co.  v.  New  York  (210  X.  Y. 

34).     See  Lincoln  Safe  Deposit  Co. 

v.  New  York. 
Safford  v.   Safford    (L.R.A.1916F,   526,   224 

Mass.  392,  113  N.  E.  181) 
Sagal  v.  Fylar  (L.R.A.1915E,  747,  89  Conn. 

293,  93  Atl.  1027) 
St.    Germain    v.    Bakery    &    Confectionery 

Workers'  International  Union,  No. 

9   (L.R.A.1917F,  824,  —  Wash.  — , 

166  Pac.  665) 
St.  Joseph  Water  Co.  v.  Eastin  (—  Mo.  — ). 

See  State  ex  rel.  St.  Joseph  Water 

Co.  v.  Eastin. 
v.  Geiger.    See  State  ex  rel.  St.  Joseph 

Water  Co.  v.  Geiger. 
St.  Louis,  Eyermann  v. 

v.  St.  Louis,  I.  M.  &  S.  R.  Co.  (L.R.A. 

1916D,  713,  266  Mo.  694,  182  S.  W. 

750) 
St.  Louis  &  S.  F.  R.  Co.  v.  Bell   (L.R.A. 

1917A,  543,  —  Okla.  — ,  159  Pac. 

336) 
v.  Cole  (L.R.A.1915F,  866,  —  Okla.  — , 

149  Pac.  872) 
v.  Dreyfus  (L.R.A.1915D,  547,  42  Okla. 

401,  141  Pac.  773) 
v.  Fitts    (L.R.A.1916C,    348,    40    Okla. 

685,  140  Pac.  144) 
v.  Goode   (L.R.A.1915E,  1141,  42  Okla. 

784,  142  Pac.  1185) 
Hale  v. 
Harrison  v. 
Hunt  v. 
v.  Sanford  (L.R.A.1916C,  400,  —  Okla. 

— ,  153  Pac.  650) 
v.  Stephenson  •  (L.R.A.1916E,    966,    43 

Okla.  676,  144  Pac.  387) 
St.  Louis  Club,  State  ex  inf.  Harbey  v. 
St.  Louis,  I.  M.   &  S.  R.   Co.  v.   Bellamy 

(L.R.A.1915D,  91,  113  Ark.  384,  169 

S.  W.  322) 
v.  Cantrell  (-L.R.A.1917D,  980,  —  Okla. 

— ,  164  Pac.  110) 
v.  Craft    (L.R.A.1916C,    817,    115   Ark. 

483,  171  S.  W.  1185) 
Hydrick  v. 
v.  Jackson   (L.R.A.1915E,  668,  —  Ark. 

— ,  177  S.  W.  33) 
Matthews  v. 
v.  Patterson.    See  St.  Louis,  I.  M.  &  S. 

R.  Co.  v.  Jackson. 
St.  Louis  v. 
Schaad  v. 
v.  Steel  (L.R.A.1915F,  1114,  —  Ark.  — , 

178  S.  W.  320) 
v.  Tukey  (L.R.A.1915E,  320,  —  Ark.  — , 

175  S.  W.  403) 
St.   Louis   Lodge    No.    9   v.    Koeln    (L.R.A. 

101 5C,  694,  —  Mo.  — ,  171   P.  W. 

320) 

St.  Louis  Min.  &  Mill.  Co.,  Somerville  v. 
St.  Louis  S.  W.  R.  Co.  v.  Arey  I  L.R.A. 1016B, 

Id,;.-),  —  Tex.  — ,  170  S.  W.  860) 
v.  Griffin   (L.R.A.1917B,  1108,  106  Tex. 

477.  171  S.  W.  703) 


St.  Louis  S.  W.  R.  Co.  v.  Kendall  (L.R.A. 
1915F,  8,  —  Ark.  — ,  169  S.  W. 
822) 

v.  Miller   Levee   District    (L.R.A.1916F, 

1181,  125  C.  C.  A.  88,  207  Fed.  338) 

St.  Martin  v.  New  York,  N.  H.  &  H.  R.  Co. 

(L.R.A.1916D,  1035,  89  Conn.  405, 

94  Atl.  279) 

St.  Nicholas  Church  v.  Kropp  (L.R.A.1917D, 
741,  135  Minn.  115,  160  X.  W.  500) 
St.  Paul,  Barber  Asphalt  Paving  Co.  v. 
Briglia  v. 
Byrne  v. 

v.  Chicago,  M.  &  St.  P.  R.  Co.  (—  Minn. 
— ).     See  State  ex  rel.  St.  Paul  v. 
Chicago,  M.  &  St.  P.  R.  Co. 
v.  Great  Northern  R.  Co.  (L.R.A.1017F, 

485,  —  Minn.  — ,  163  X.  W.  788) 
Hillstrom  v. 

St.  Paul  F.  &  M.  Ins.  Co.  v.  Beacham  (L.R.A. 
1916F,  1168,  128  Md.  414,  97  Atl. 
708) 

Christison  v. 
Valley  Mercantile  Co.  v. 
St.  Paul  Gaslight  Co.,  Manning  v. 
Sales  Co.  v.  Manciet  (—  Or.  — ).     See  Na- 
tional Sales  Co.  v.  Manciet. 
Salisbury,  Price  v. 
Sally  v.  Whitney  Co.  (L.R.A.1916D,  764,  — 

Wash.  — ,  154  Pac.  1089) 
Salmi  v.  Columbia  &  N.  R.  R.  Co.   (L.R.A. 
1915D,  834,  —  Or.  — ,  146  Pac.  819) 
Salmon,  Morgan  v. 

Salmon  Co.  v.  Pillsbury  (—  Cal.  — ).  See 
North  Alaska  Salmon  Co.  v.  Pills- 
bury. 

Salo  v.  Pacific  Coast  Casualty  Co.  (L.R.A. 
1917D,  613.  —  Wash.  — ,  163  Pac. 
384) 

Salomon  v.  North  British  &  M.  Inc.  Co. 
(L.R.A.1917C.  106,  215  X.  Y.  214, 
109  X.  E.  121) 

Salt  Lake  &  0.  R.  Co.,  Conway  v. 
Salt  Lake  City,  Warm  Springs  Co.  v. 
Samson  Cordage  Works  v.  Puritan  Cordage 
Mills    (L.R.A.1915F,    1107,    128    C. 
C.  A.  203.  211  Fed.  603) 
Samuels,  Hughes  v. 

Sanders  v.  Chesapeake  &  0.  R.  Co.  (L.R.A. 
1916F,  551,  169  Ky.  47,  183  S.  W. 
234) 

Menar  v. 
v.  Ragan    (L.R.A.1017B.  681.  —  X.   C. 

— .  90  S.  E.  777) 
State  v. 
v.  Wise    (L.R.A.1015B,  353,  —  W.  Va. 

— ,  83  S.  E.  77  i 

Sanders  Ice  Cream  Co.,  State  v. 
Sanderson,  Illinois  C.  R.  Co.  v. 

Ross  v. 

Sandoval,  Gulp  v. 
Sands  v.  Linch  (L.R.A.  1916E.  204.  122  Ark. 

03.  182  S.  W.  561) 
Linch  v. 

Sandusky  Portland  Cement  Co.  v.  Dixon 
Pure  Ice  Co.  (L.R.A.1915E,  1210, 
221  Fed.  200 ) 

Sandy  Valley  &  E.  R.  Co.  v.  Tackitt  (L.R.A. 
1016D.  445,  167  Ky.  756,  181  S.  W. 
840| 
Sanford,  New  Orleans  v. 

St.  Louis  &  S.  F.  R.  Co.  v. 
San  Pedro,  L.  A.  &  S.  L.  R.  Co.,  Griffin  T. 


TABLE  OF  CASES. 


511 


Santa    Barbara    County    v.    More    (L.R.A. 

1917F,  385,  —   Cal.   — ,   164   Pac. 

895) 

Sarbach,  Fidelity  &  D.  Co.  v. 
Sargent  Lumber  Co.,  Pooler  v. 
Saulman  v.  Nashville  (L.R.A.1915E,  316,  131 

Tenn.  427,  175  S.  W.  532) 
Sauset,  Tamm  v. 
Sauvage,  Re  (L.R.A.1917D,  426,  140  La.  619, 

73  So.  702) 

Savage,  Howard  Coal  Co.  v. 
Savannah  v.  Jordan  (L.R.A.1915C,  741,  142 

Ga.  409,  83  S.  E.  109) 
Saville    v.    Corless    (L.R.A.1916A,    651,    — 

Utah,  — ,  151  Pac.  51) 
Savings  &  Bkg.  Co.  v.  Walker  Bin  Co.  (— 

Ohio  St.  — ) .    See  Elyria  Savings  & 

Bkg.  Co.  v.  Walker  Bin.  Co. 
Savings  &  L.  Asso.  v.  Anthony  Wholesale 

Grocery    Co.    (—   Okla.    — ).      See 

Standard  Sav.  &  L.  Co.  v.  Anthony 

Wholesale  Grocery  Co. 
Savings  &  Loan  Co.  v.  Beats  ( —  Okla.  — ). 

See   Midland  Savings   &  Loan  Co. 

v.  Beats. 

v.  Plummer  (—  X.  J.  — ).  See  In- 
dustrial Sav.  &  Loan  Co.  v.  Plum- 
mer. 

Savings  Bank,  Loewe  v. 
Savings  L.  Assur.  Soc.  v.  Kentucky  (239  U. 

S.    103).      See    Provident    Sav.   L. 

Assur.  Soc.  v.  Kentucky. 
Sawyer  v.  Boston  &  M.  R.  Co.    See  Gage  v. 

Boston  &  M.  R.  Co. 
Ferebee  v. 
Lenderink-  v. 
State  v. 
v.  Wilkinson     (L.R.A.1915B,    295,    166 

N.  C.  497,  82  S.  E.  840) 
Sayre,  Alleman  v. 
Scanlan  v.  La  Coste   (L.R.A.1915F,  664,  — 

Colo.  — ,  149  Pac.  835) 
Schaad   v.   St.   Louis,   I.   M.   &   S.   R.    Co. 

(L.R.A.1917D,  481,  —  Ark.  — ,  193 

S.  W.  270) 
Schaller,  Humes  v. 
Schancupp,  Kilday  v. 
Schantz,  Valentino  v. 
Scheib,  Allen  v. 
Schell   v.    Du    Bois    (L.R.A.1917A,    710,   — 

Ohio  St.  — ,  113  N.  E.  664) 
Schenck  v.  School  District  No.  34   (L.R.A. 

1917D,  880,  100  Kan.  389,  164  Pac. 

169) 
Schenk  v.  Ann  Arbor  (L.R.A.1917F,  684,  — 

Mich.  — ,  163  X.  W.  109) 
Schieffelin   v.   Komfort    (L.R.A.1915D,   485, 

212  N.  Y.  520,  106  X.  E.  675) 
Schinasi,  Acme  Realty  Co.  v. 
Schlau   v.    Enzenbacher    (L.R.A.1915C,   576, 

265  111.  626,  107  N.  E.  107) 
Schlechter  v.  Felton   (L.R.A.1917A,  556,  — 

Minn.  — ,  158  N.  W.  813) 
Schmidt,  People  v. 
Schmidt  Brewing  Co.,  Halloran  v. 

Roemer  v. 
Schneider,  Hurt  v. 

v.  Shepherd      (L.R.A.1916F,      399,     — 

Mich.  — ,  158  N.  W.  182) 
Schneider   Wholesale   Wine    &   Liquor   Co., 

Diederich  v. 


School   Dist.   No.   2,   Waterman-Waterbury 

Co.  v. 

School  Dist.  No.  16,  Northwest  Steel  Co.  v. 
School  District  No.  34,  Schenck  v. 
School  District  No.  55,  National  Union  F. 

Ins.  Co.  v. 

School  Sisters  of  Notre  Dame  v.  Kusnitt 
(L.R.A.1916D,  792,  125  Md.  323,  93 
Atl.  928) 

Schoonover  v.  Baltimore  &  0.  R.  Co.  (L.R.A. 
1917F,  1,  69  W.  Va.  560,  73  S.  E. 
266) 

Schreiner,  Farmers'  Produce  Co.  v. 
Schreyer,  Lambrecht  v. 
Schroeder,  Lankford  v. 
Schroetke    v.    Jackson-Church    Co.    (L.R.A. 
1917D,  64,  —  Mich.  — ,  160  N.  W. 
383) 

Schuler,  Cleveland,  C.  C.  &  St.  L.  R.  Co.  v. 
Schull,  Kaw  Boiler  Works  v. 
Schultze,  Tax  Lien  Co.  v. 
Schwantes  v.  Atchison,  T.  &  S.  F.  R.  Co. 
See  Ireton  v.  Atchison,  T.  &  S.  F. 
R.  Co. 
Schwartz  v.  Black    (L.R.A.1915D,  898,  131 

Tenn.  360,  174  S.  W.  1146) 
Schwren  v.  Falls  (L.R.A.1916B,  1235,  —  N. 

C.  — ,  87  S.  E.  49) 
Scotillo  v.  Water  Supply  Co.    See  People  ex 

rel.  Scotillo  v.  Water  Supply  Co. 
Scott  v.  Couch  (271  111.  395).    See  O'Connor, 

Re. 
v.  Mclntyre  Co.   (L.R.A.1915D,  139,  93 

Kan.  508,  144  Pac.  1002) 
Mob  erg  v. 

Ohio  Valley  Electric  R.  Co.  v. 
State  v. 
v.  State   (L.R.A.1917F,  1107,  37  N.  D. 

90,  163  N.  W.  813) 
v.  Waggoner      (L.R.A.1916C,     491,     48 

Mont.  536,  139  Pac.  454) 
Yazoo  &  M.  V.  R.  Co.  v. 
Secular,  Frew  v. 
Scown  v.  Czarnecki  (L.R.A.1915B,  247,  264 

111.  305,  106  N.  E.  276) 
Scrimger,  American  Agri.  Chemical  Co.  v. 
Scriven  v.   Lebanon    (L.R.A.1917C,  460,  99 

Kan.  602,  162  Pac.  307) 
Sea,  Mengel  Box  Co.  v. 
Seaboard    Air    Line    R.    Co.    v.    Blackwell 
(L.R.A.1917F,  1184,  244  U.  S.  310, 
61   L.  ed.  1160,  37   Sup.  Ct.  Rep. 
640) 

Causey  v. 
Cave  v. 
Dooley  v. 

v.  Horton    (L.R.A.1915C,   1,   233  U.   S. 
492,   58   L.   ed.    1062,   34   Sup.   Ct. 
Rep.  635) 
v.  Mullin    (L.R.A.1916D,    982,   —   Fla. 

— ,  70  So.  467) 
Perry  v. 
Whitman  v. 
Williams  v. 
Seaman,   Re    (L.R.A.1917A,  40,  218  N.  \, 

77,  112  N.  E.  576) 
Kansas  City  v. 
Seattle,  Jacobs  v. 

v.  Superior  Court   ( —  Wash.  — ).     See 
State  ex  rel.  Port  of  Seattle  v.  Su- 
perior Court. 
Whittlesey  v. 


512 


TABLE  OF  CASES. 


Seattle  Brewing  &  M.  Co.,  Stratford,  The  v. 
Seattle,  R.  &  S.  R.  Co.,  Crawford  v. 
Seby,  Lynn  v. 

Second  Ave.  Invest.  Co.,  Glidden  v. 
Security  L.  Ins.  Co.  v.  Eades  (L.R.A.1917D, 
1198,  152  Ky.  577,  153  S.  W.  989) 
Security  Mut.  L.  Ins.  Co.,  Harris  v. 
•      v.  Little    (L.R.A.1917A,  475,   119  Ark. 

498,  178  S.  W.  418) 
Stanyan  v. 

Security  Trust  &  Sav.  Bank  v.  Gleichmann 
(L.R.A.1915F,  1203,  —  Okla.  — , 
150  Pac.  908) 

Security  Trust  Co.  v.  Edwards  (L.R.A. 
1917F,  273,  —  N.  J.  — ,  101  Atl. 
384) 

Sedlock  v.  Carr  Coal  Mining  &   Mfg.   Co. 
(L.R.A.1917B,    372,    98    Kan.    680, 
159  Pac.  9) 
Seeck  v.  Jakel    (L.R.A.1915A,   679,  —  Or. 

— ,  141  Pac.  211) 
Seitner  Dry  Goods  Co.,  Blair  v. 
Selden-Breck  Constr.  Co.,  Wright  v. 
Selengut,  State  v. 
Self,  Republic  Iron  &  Steel  Co.  v. 
Selma  Cotton  Mills,  Starling  v. 
Selwyn  &  Co.  v.  Waller  (L.R.A.1915B,  160, 

212  N.  Y.  507,  106  N.  E.  321) 
Seran,  Fort  Smith  &  W.  R.  Co.  v. 
Serio    v.   American     Brewing     Co.     (L.R.A. 

1917E,  516,  —  La.  — ,  74  So.  998) 
Settlemyer,  Woodle  v. 
Seufferlein,  Biggs  v. 

Seven     Cases    v.     United    States     (LJl.A. 
1916D,  164,  239  U.  S.  510,  60  L.  ed. 
411,  36  Sup.  Ct.  Rep.  190) 
Several  Parcels  of  Land,  State  v. 
Sevier,  Reynolds  v. 

Sewerage  and  Water  Board,  Forman  v. 
Sewer  Improvement   Dist.  No.  1  v.  Fiscus 
(L.R.A.1917D,  682,  —  Ark.  — ,  193 
S.  W.  521) 
Shackley  v.  Homer    (L.R.A.1915C,  993,  87 

Xeb.  146,  127  N.  W.  145) 
Chade  v.  Hayes  (L.R.A.1915D,  271,  —  S.  D. 

— ,  151  N.  W.  42) 
Shaeffer  v.   Richardson    (L.R.A.1915E,   186, 

125  Md.  88,  93  Atl.  391) 
Von  Arx  v. 

Shafer  v.  Tacoma  Eastern  R.  Co.  (L.R.A. 
1916F,  114,  —  Wash.  — ,  157  Pac. 
485) 

Shafor  v.  Public  Utilities  Commission 
(L.R.A.1917E,  1080,  94  Ohio  St. 
230,  113  N.  E.  809) 

Shanks  v.  Delaware,  L.  &  W.  R.  Co.  (L.R.A. 
1916C,  797,  239  U.  S.  556,  60  L.  ed. 
436,  36  Sup.  Ct.  Rep.  188) 
Sharp  v.  Sharp  (L.R.A.1917F,  562,  —  Okla. 

— ,  166  Pac.  175) 

Southwestern  Teleg.  &  Teleph.  Co.  v. 
Sharpless  v.  Ancient  Order  of  United  Work- 
men   (L.R.A.1917B.    670.   —   Minn. 
— ,  159  N.  W.  1086) 

Sharrow    v.    Inland     Lines     (L.R.A.1915E, 

1192,  214  X.  Y.  101,  108  X.  E.  217) 

Shaw  v.  Cole  Mfg.  Co.    (L.R.A.1916B.  706, 

132  Tenn.  210,  177  S.  W.  479) 

v.  Ingram-Day     Lumber     Co.     (L.R.A. 

1915D,  145,  152  Ky.  329,  153  S.  W. 

431) 

Jerome  v. 


Shaw,  People  v. 
State  v. 
v.  Webb  (L.R.A.1915D,  1141,  131  Tenn. 

173,  174  S.  W.  273) 
Shawnee  County,  Kimball  Co.  v. 
Shawnee  Gas  &  E.  Co.,  Motsenbocker  v. 
Shawnee    Milling    Co.    v.    Kansas    Postal 
Teleg.-Cable  Co.  (L.R.A.1917F,  844, 

—  Kan.  — ,  166  Pac.  493) 

Shea  v.  Gavitt  (L.R.A.1916A,  689,  89  Conn. 

359,  94  Atl.  360) 
Shears,  Tubbs  v. 
Sheat  v.  Lusk  (L.R.A.1916F,  1021,  —  Kan. 

— ,  159  Pac.  407) 
Sheehy  Co.  v.  Eastern  Importing  &  Mfg.  Co. 

(L.R.A.1916F,  810,  44   App.   D.   C. 

107) 

Shelby,  Cunningham  v. 
Shellabarger  Elevator  Co.  v.  Illinois  C.  R. 

Co.    (L.R.A.1917E,    1011,    278    111. 

333,  116  N.  E.  170) 
Shellaberger,  Boutell  v. 
Shellenberger  v.  State   (L.R.A.1915C,  1163, 

—  Neb.  — ,  150  N.  W.  643) 
Shepard  v.  Brewer   (L.R.A.19171),  199,  248 

Mo.  133,  154  S.  W.  116) 
Shepherd,  Oklahoma  Portland  Cement  Co.  v. 

Schneider  v. 
Sheppard  &  Enoch  Pratt  Hospital,  Loeffler 

v. 
Sherman  v.  Pacific  Coast  Pipe  Co.   (L.R.A. 

1917A,  716,  —  Okla.  — ,  159  Pac. 

333) 

Sherman's  Sons  Co.,  Donahue  v. 
Sherrard,  Hutton  v. 
Shewalter,  Carolina,  C.  &  O.'R.  Co.  v. 
Shilitano,  People  v. 
Shinn  v.  Shinn  (L.R.A.1916E,  618,  —  W.  Va. 

— ,  88  S.  E.  610) 
Shinsky  v.  Tracey    (L.R.A.1917C,  1053,  - 

Mass.—,  114  N.  E.  957) 
Shoe  Co.  v.  Hardin   (—  W.  Va.  — ).     See 

Brown  Shoe  Co.  v.  Hardin. 
Shotwell  v.  Sioux  Falls  Sav.  Bank  (L.R.A. 

1915A,  715,  —  S.  D.  — ,  147  X.  W. 

288) 
Shovel   Co.  v.   Holt   &  Jeffery    (79   Wash. 

361).    See  Fairbanks  Steam  Shovel 

Co.  v.  Holt. 

Shreveport  Gas,  E.  L.  &  P.  Co.,  Wolff  v. 
Shubert,  Woollcott  v. 
Shultz   v.   Quereau   Co.    (L.R.A.1915E,   986, 

210  X.  Y.  257,  104  X.  E.  621) 
Shuman    v.    Citizens    State    Bank    (L.R.A. 

1915A,  728,  27  N.  D.  599,  147  N. 

W.  388) 
Purvis  v. 
Shutan,  Dye  v. 
Sibley  v.  State  (L.R.A.1916C,  1087,  89  Conn. 

682,  96  Atl.  161) 
Sidler,  Zinn  v. 
Sigler  v.  Sigler  (L.R.A.1917A,  725,  98  Kan. 

524,  158  Pac.  864)  . 
Silk  Dyeing  Co.  v.  East  Jersey  Water  Co. 

(88  N.  J.  L.  273).     See  Auger  &  S. 

Silk    Dyeing   Co.    v.    East    Jersey 

Water  Co. 
Silliman  v.  International  L.  Ins.  Co.  (L.R.A. 

1915F.  707,  131  Tenn.  303,  174  S. 

W.  1131) 

Silvey,  Davenport  v. 
Sim,  Davis  v. 


TABLE  OF  CASES. 


513 


Simmons  v.   Gardner    (L.R.A.1915D,  16,  46 

Wash.  282.  89  Pac.  887) 
v.  Northwestern     Trust     Co.      (L.R.A. 

1917F,  736,  —  Minn.  — ,  162  N.  W. 

450) 
Simpson  v.   Bulkley    (L.R.A.1917C,  494,  — 

La.  — ,  73  So.  691) 
v.  Du  Pont  Powder  Co.    (L.R.A.1915E, 

430,  —  Ga.  — ,  85  S.  E.  344) 
v.  Tootle,  Wheeler  &  Motter  Mercantile 

Co.  (L.R.A.1915B,  1221,  —  Okla.  — , 

141  Pac.  448) 
Sims,  Laird  v. 
Simson,  Herbert  v. 

Sinclair   v.   Lincoln    (L.R.A.1917E,   842,   — 

Neb.  — ,  162  N.  W.  488) 
Sioux  City  Foundry  &  Mfg.  Co.  v.  Merten 

(L.R.A.1916D,    1247,   —   Iowa,   — , 

156  N.  W.  367) 

Sioux  Falls  Sav.  Bank,  Shotwell  v. 
Sire,  Miller  v. 
Sisters  of  Charity  of  The  Incarnate  Word, 

Ross  v. 

Sitz,  Travis  v. 
Skaggs,  Dotson  v. 
Skagit  State  Bank  v.  Moody  (L.R.A.1916A, 

1215,  86  Wash.  286,  150  Pac.  425) 
Skinner  v.  Thomas  (L.R.A.1916E,  338,  —  N. 

C.  — ,  87  S.  E.  976) 
Slagle  v.  Crise   (L.R.A.1917D,  551,  129  Md. 

443,  99  Atl.  666) 
Slater  v.  Atchison,  T.  &  S.  F.  R.  Co.  (L.R.A. 

1916F,  949,  91  Kan.  226,  137  Pac. 

943) 
Slatersville  Finishing  Co.  v.  Greene  (L.R.A. 

1917F,   585,  —  R.   I.  — ,   101   Atl. 

226) 

Sleichter  v.  Kroger.    See  Miller,' Re. 
Slette,  Larson  v. 
Sligh  Furniture  Co.,  Rayner  v. 
Slinger  v.  Totten  (L.R.A.1917C,  539,  —  S.  D. 

— ,  160  N.  W.  1008) 
Sloan,  Wood  v. 
Sloan  State  Bank  v.  Stoddard  &  Son  (L.R.A. 

1917A,  1261,  —  Iowa,  — ,  159  N.  W. 

636) 
Sluder  v.  National  Americans  (L.R.A.1917F, 

631,  —  Kan.  — ,  166  Pac.  482) 
Smalhvood,  Brown  v. 

v.  York    (L.R.A.1915D,    577,    163    Ky. 

139,  173  S.  W.  380) 
Smartt,  Craig  County  v. 
Smeltzer  v.   Ford   City    (L.R.A.1915C,   700, 

246  Pa.  560,  92  Atl.  702) 
Smith,  American  Zinc  Co.  v. 
Baird  y. 
v.  Buffum   (L.R.J..1917D,  894,  —  Mass. 

— ,  115  N.  E.  669) 
v.  Burns  (L.R.A.1915A,  1130,  —  Or.  — , 

142  Pac.  352) 

v.  Cincinnati,    N.    0.   &   T.    P.    R.    Co. 

(L.R.A.1917C,  543,  136  Tenn.  282, 

189  S.  W.  367) 
Com.  v. 
v.  Driscoll      (L.R.A.1917C,      1128,     — 

Wash.  — ,  262  Pac.  572) 
Farmers'  Mut.  Equity  Ins.  Soc.  v. 
Finley  v. 
Franks  v. 
v.  Fuller   (L.R.A.1916C,  6,  86  Ohio  St. 

57,  99  X.  E.  214) 
v.  Holovtchiner    (L.R.A.1017E,   331,  — 

Xeb.  — .  162  X.  W.  630) 

L.R.A.  Tri.  Index  ]  915-17.— 33. 


Smith   v.   Illinois   C.   R.   Co.    (L.R.A.1917F, 

1033,  —  Iowa,  — ,  158  N.  W.  546) 

v.  Johnson   <L.R.A.1915F,  572,  219 

Mass.  142,  106  N.  E.  604) 
v.  Jones  (L.R.A.1917C,  890,  173  Ky. 

776,  191  S.  W.  500) 

v.  Louisville  &  N.  R.  Co.  (L.R.A.1916A, 
1107,  131  Tenn.  531,  175  S.  W.  557.) 
National  Bank  v. 
New  v. 

v.  Nicholas  Building  Co.   (L.R.A.1916E, 

700,  —  Ohio  St.  — ,  112  N.  E.  204) 

v.  Parman  (L.R.A.1917F,  698,  101  Kan. 

115,  165  Pac.  663) 
People   ex  rel.   Thrasher  v. 
People's  Trust  Co.  v. 
Pybus  v. 
v.  Reed     (L.R.A.1917A,    492,    145    Ga. 

724,  89  S.  E.  815) 
v.  Rittenhouse    (L.R.A.1916A,  997,  260 

111.  599,  103  N.  E.  569) 
v.  State    (L.R.A.1916A,    1276,   —  Nev. 

— ,  151  Pac.  512) 

v.  State  (L.R.A.1915D,  677,  233  U.  S. 
630,  58  L.  ed.  1129,  34  Sup.  Ct.  Rep. 
681)' 

State  ex  rel.  Love  v. 
Sultzbach  v. 
v.  Thomas  Elevator  Co.    (L.R.A.1917E, 

721,  278  111.  328,  116  N.  E.  113) 
v.  Travelers'     Ins.     Co.     (L.R.A.1915B, 
872,  219  Mass.  147,  106  N.  E.  607) 
White  v. 

Smith  &  Son  Co.,  Hill  v. 
Smith  &  Sons  Co.  v.  Lumber  Co.  (—  C.  C. 
A.  — ).     See  M.  P.  Smith  &  Sons 
Co.  v.  Trexler  Lumber  Co. 
v.  Trexler    Lumber    Co.    (L.R.A.1915B, 
1086,  —  C.  C.  A.  — ,  216  Fed.  134) 
Smith-Hall  Grocery  Co.,  Bowen  v. 
Smith-Powers  Logging  Co.,  Anderson  v. 
Smithson    v.    Smithson    (L.R.A.1917D,   361, 

—  Miss.  — ,  74  So,  149) 
Snetzer  v.  Gregg  (L.R.A.1917F,  999,  —  Ark. 

— ,  196  S.  W.  925) 
Snively,  Louisville  Trust  Co.  v. 
Snouffer  v.  Tipton    (L.R.A.1915B,  173,  161 

Iowa,  223,  142  X.  W.  07) 
Snow,  Sweetnam  v. 

Snow  Iron  Works  v.  Chadwick  (L.R.A.1917F, 

755,  227  Mass.  382,  116  N.  E.  801) 

Snow  Lumber  Co.,  Troy  &  North  Carolina 

Gold  Min.  Co.  v. 
Snyder   v.    Kulesh    (L.R.A.1915B,    1057,   - 

Iowa,  — ,  144  N.  W.  306) 
Societa  Unione  Fratellanza  Italiana  v.  Ley- 
den    (L.R.A.1917C,   256,   225   Mass. 
540,  114  X.  E.  738) 
Socorro  County,  Borrowdale  v. 
Sofge  v.  Lowe  (L.R.A.1916A,  734,  131  Tenn. 

626,  176  S.  W.  106) 
Sohmer,  People  ex  rel.  Empire  State  Dairy 

Co.  v. 

Solomon,  Gardiner  v. 

Somerville  v.  St.  Louis  Min.    &    Mill.    Co. 
(L.R.A.1915B,   811,   46   Mont.   268, 
127  Pac.  464) 
Soper  v.  Michal  (L.R.A.1915A,  232,  123  Md. 

542.  91  Atl.  684) 

Soriero  v.  Pennsylvania  R.  Co.  (L.R.A. 
1915C,  710,  86  X.  J.  L.  642,  92  Atl. 
604) 


514 


TABLE  OF  CASES. 


Sorlie,  Nordby  v. 

Sorrels   v.    Childers    (L.R.A.1917F,   430,   — 

Ark.  —  195  S.  W.  1) 
Soule,  Mintz  v. 
Soules  v.  Northern  P.  R.  Co.  (L.R.A.1917A, 

501,  34  X.  D.  7,  157  N.  W.  823) 
Soulsby,  American  Colonization  Soc.  v. 

Latrobe  v. 
Sound  Transfer  Co.,  Geer  v. 

v.  Bangor  &  A.   R.   Co.    (L.R.A.1915B, 

243,  112  Me.  227,  91  Atl.  948) 
South  Carolina  Cotton  Oil  Co.,  Osteen  v. 
South  Covington  &  C.  Street  R.  Co.  v.  Cov- 
ington  (L.R.A.1915F,  792,  235  U.  S. 
o.S7     59    L.    ed.    350,   P.U.R.1915A, 
231,  35  Sup.  Ct.  Rep.  158) 
Souther,  Keller  v. 

Southern  Bell  Teleph.  &  Teleg.  Co.,  Vinson  v. 
Southern  Colonization  Co.  v.  Derfler  (L.R.A. 
1917F,  744,  —  Fla.  — ,  75  So.  790) 
Southern  Cotton  Oil  Co.,  Anderson  v. 
Southern  Exp.  Co.  v.  Byers   (L.R.A.1917A, 
197,  240  U.  S.  612,  60  L.  ed.  825,  36 
Sup.  Ct.  Rep.  410) 
v.  Williamson    (L.R.A.1016C,    1208,   66 

Fla.  286,  63  So.  433). 
Com.  v. 
v.  Whittle    (L.R.A.1916C,   27C,  —  Ala. 

— ,  69  So.  652) 
Southern  P.  Co.,  Guana  v. 

v.  Industrial  Acci.  Commission   (L.R.A. 
1917E,   262,  —   Cal.   — ,   161    Pac. 
1139) 
Jensen  v. 
v.  Pillsbury  (L.R.A.1916E,  916,  170  Cal. 

782,  151  Pac.  277) 

v.  Spring    Valley    Water    Co.    (L.R.A. 
1917E,  680,  173  Cal.  291,  159  Pac. 
865) 
State  v. 
Southern  Power  Co.,    John    A.    Roebling's 

Sons  Co.  v. 

Southern  P.  R.  Co.,  Ayers  v. 
Southern  R.  Co.,  Adams  v. 

v.  Bailey  (L.R.A.1915E,  1043,  —  Ga.  — , 

85  S.  E.  847) 
v.  Bates  (L.R.A.1916A,  510,  —  Ala.  — , 

69  So.  131) 
Dean  v. 
Garrett  v. 
Glover  v. 
v.  Hatchett     (L.R.A.1917D,    1105,    174 

Ky.  463,  192  S.  W.  694) 
Hightower  v. 
Holloman  v. 
Hutto  v. 
Keel  v. 
Leavea  v. 
Lowe  v. 
v.  McNabb  (L.R.A.1915B,  761,  —  Tenn. 

— ,  169  S.  W.  757) 
Munday  v. 
Osteen  v. 
Robinson  v. 
v.  State   (L.R.A.1915B,    766,    —   Tenn. 

— ,  169  S.  W.  1173) 
v.  Vaughan  (L.R.A.1916E,  1222,  118  Va. 

692,  88  S.  E.  305) 
Woodward  v. 

Southern  States  F.  Ins.  Co.  v.  Vann  (L.R.A. 
1916B,  1189,  69  Fla.  549,  68  So. 
647) 


Southern  States  Life  Ins.  Co.,  Friend  v. 

Taylor  v. 
Southern  Surety  Co.,  Crouch  v. 

v.  Municipal     Excavator     Co.     (L.R.A. 

1917B,  558,  —  Okla.  — ,  160  Pac. 

617) 

Southern  Wisconsin  R.  Co.,  Coombs  v. 
South  Haven,  Andrews  v. 
South  Jersey  Realty  Co.,  Staley  v. 
South  Omaha,  Opocensky  v. 
South  Penn  Oil  Co.,  Gain  v. 
Southwestern  Sav.  Loan  &  Bldg.  Asso.  v. 

Await  (L.R.A.1917F,  1117,  —  N.  M. 

— ,  166  Pac.  1181) 
Southwestern  Teleg.  &  Teleph.  Co.  v.  Dana- 

her   (L.R.A.1916A,  1208,  238  U.  S. 

482,  59  L.  ed.  1419,  35  Sup.  Ct.  Rep. 

886) 
v.  Sharp  (L.R.A.1915E,  323,  —  Ark.  — , 

177  S.  W.  25) 
Spaeth  v.  Kouns  (L.R.A.1915E,  271,  95  Kan. 

320,  148  Pac.  651) 
Spafford  v.  Spafford   (L.R.A.1917D,  773,  — 

Ala.  — ,  74  So.  354) 
Spain  v.  Spain  (L.R.A.1917D,  319,  —  Iowa, 

— ,  158  N.  W.  529) 
Sparboe,  Risting  v. 
Speckman,  Szabo  v. 
Speers  Hospital,  Dayton  v. 
Spellman  v.  Beeman   (L.R.A.1916D,  240,  — 

Fla.  — ,  70  So.  589) 
Sperry  &  Hutchinson  Co.  v.  Tacoma  (L.R.A. 

1915B,  241,  68  Wash.  254,  122  Pac. 

1060) 
Spickermon  v.   Goddard    (L.R.A.1915C,  513, 

—  Ind.  — ,  107  N.  E.  2) 
Spier,  Re    (L.R.A.1916E,  692,  99  Neb.  853, 

157  N.  W.  1014) 

v.  Spier  (99  Neb.  853).     See  Spier,  Re. 
Spinks   v.   Jordan     (L.R.A.1915C,    634,    — 

Miss.  — ,  66  So.  405) 
Spofford,  Morong  v. 
Spokane,  Ankeny  v. 
Swain  v. 
Wilton  v. 

Spokane  &  I.  E.  R.  Co.,  Bradley  v. 
Kempf  v. 
v.  United  States  (L.R.A.1917A,  558.  127 

C.  C.  A.  61,  210  Fed.  243) 
Welsh  v. 
v.  Whitley  (L.R.A.1915F,  736,  237  U.  S. 

487,  59  L.  ed.  1060,  35  Sup.  Ct.  Rep. 

655) 
Sponatski,  Re.    See  Standard  Acci.  Ins.  Co., 

Re. 
Spooner    v.    Detroit    Saturday    Night    Co. 

(L.R.A.1916A,  17,  —  Mich.  — ,  153 

N.  W.  657) 
Spring  Coal  Co.  v.  Keech  (L.R.A.1917D,  1152, 

23!)  Fed.  48) 

Springfield  &  N.  E.  Traction  Co.,  Barnard  v. 
Springfield  Fire  &    M.    Ins.    Co.    v.    Hays 

(L.R.A.1917A,    1078,    —    Okla.    — , 

156  Pac.  673) 
Springs  Co.  v.  Salt  Lake  City  (—  Utah,  — ). 

Soc  Warm  Springs  Co.  v.  Salt  Lake 

City. 

Spring  Valley  Water  Co.,  Southern  P.  Co.  v. 
Sproul,  Missouri  P.  R.  Co.  v. 
Staats  v.  Biograph  Co.    (L.R.A.1917B,  728, 

236  Fed.  454) 


TABLE  OF  CASES. 


515 


Stack  v.  Cudgel  (L.R.A.1917D,  493,  —  Okla. 

— ,  158  Pac.  1144) 
Stahlman,  Fourth  Nat.  Bank  v. 
Staley  v.  Illinois  C.   R.  Co.    (L.R.A.1916A, 

450,  268  111.  356,  109  N.  E.  342) 
v.  South    Jersey    Realty    Co.     (L.R.A. 

1917B,  113,  83  N.  J.  Eq.  300,  90  Atl. 

1042) 

Stalker,  State  v. 
Stamatopoulos,  Stephano  Bros.  v. 
Stamp  Co.  v.  Murphy  (220  Mass.  281).    See 

Merchants'    Legal  '  Stamp    Co.    v. 

Murphy. 
Standard  Acci/Ins.   Co.,  Re    (L.R.A.1916A, 

333,  220  Mass.  526,  108  N.  E.  466) 
Gaynor  v. 

Standard  Asphalt  &  R.  Co.  v.  Texas  Build- 
ing Co.   (L.R.A.1917C,  490,  99  Kan. 

567,  162  Pac.  299) 
Standard  Brewing  Co.  v.  Weil  (L.R.A.1917C, 

929,  129  Md.  487,  99  Atl.  661) 
Standard  Combed  Thread    Co.    v.    Pennsyl- 
vania R.  Co.   (L.R.A.1916C,  606,  - 

X.  J.  — ,  95  Atl.  1002) 
Standard  Fashion  Co.  v.  Cummings  (L.R.A. 

1916F,  329,  187  Mich.  196,  153  X. 

W.  814) 
Standard  Oil  Co.,  Pfarr  v. 

•     State  v. 

Standard  Sav.  &  L.  Asso.  v.  Anthony  Whole- 
sale    Grocery     Co.     (L.R.A.1917D, 

1029,  —  Okla.  — ,  162  Pac.  451) 
Standish,  Pitcher  v. 
Stangl,  Grey  v. 
Stanhope,  Kinsman  v. 
Stanley,  Waite  v. 
Stannard,  Atchison,  T.  &  S.  F.  R.  Co.  v. 

State  ex  rel.  Withycombe  v. 
Stanton,  Mishawaka  Woolen  Mfg.  Co.  v. 
Stantcn  Common  School  Dist.,  Williams  v. 
SLanton  Co.,  Mosso  v. 
Stanyan  v.  Security  Mut.  L.  Ins.  Co.  (L.R.A. 

1917C,  350,  —  Vt.  — ,  99  Atl.  417) 
Staples,  Haskell  v. 
Starbuck,  Bonicamp  v. 
Starck    v.    Pacific   Electric   R.    Co.    (L.R.A. 

1916E,  58,  —  Cal.  — ,  156  Pac.  51) 
Starkey  v.  Cleveland,  C.  C.  &  St.  L.  R.  Co. 

(L.R.A.1915F,    880,   114   Minn.   27, 

130  X.  W.  540) 
Quaker  Realty  Co.  v. 
Starks,  Handler  v. 
Starling    v.    Selma    Cotton    Mills     (L.R.A. 

1915D,  850,  168  X.  C.  229,  84  S.  E. 

388)  • 

Starret,  Johnson  v. 
State  v.  Aikins  (L.R.A.1916C,  1101,  —  Mo. 

— .  180  S.  W.  848) 
v.  Alabama   Fuel   &   Iron   Co.    (L.R.A. 

1915A,  185,  —  Ala.  — ,  66  So.  169) 
v.  Alford  (L.R.A.1915A,  430,  —  La.  — , 

65  So.  548) 
Allen  v. 
ex  rel.  American  Mfg.  Co.  v.  Anderson 

(L.R.A.1917E,  833,  —  Mo.  — ,  194 

S.  W.  268) 
ex  rel.  Hahn  Bakery  Co.  v.  Anderson 

(L.R.A.1917C,  130,  —  Mo.  — ,  190 

S.  W.  857) 
T.  Applegate    (L.R.A.1915C,  315,  28  X. 

D.  395,  149  X.  W.  356) 


State  v.  Armour  &  Co.   (L.R.A.1916E,  380, 

27  X.  D.  177,  145  X.  W.  1033) 
Arrowsmith  v. 
ex  rel.  Ise  v.  Atchison,  T.  &  S.  F.  R.  Co. 

(L.R.A.1915E,  751,  95  Kan.  22,  147 

Pac.  801) 
Baker  v. 
v.  Ball    (L.R.A.1917E,    1046,    —    Miss. 

— ,  75  So.  373) 
ex  rel.  Blue  v.  Baltimore  &  0.  R.  Co. 

(L.R.A.1916F,  1001,  —  W.  Va.  — , 

89  S.  E.  288) 
use  of  Elder  v.  Baltimore  &  0.  R.  Co. 

(L.R.A.I916E,  172,  126  Md.  497,  95 

Atl.  65) 
Barnes  v. 
v.  Bartles   Oil    Co.    (L.R.A.1916D,   193, 

-  Minn.  — ,  155  X.  W.  1035) 
v.  Bartley   (L.R.A.1916D,  441,  —  R.  I. 

— .  96  Atl.  305) 

v.  Baskin.    See  State  v.  Miller, 
v.  Bass  (L.R.A.1916D,  583,  —  X.  C.  — , 

87  S.  E.  972) 
v.  Belle  Springs  Creamery  Co.   (L.R.A. 

1915D,  515,  83  Kan.  389,  111  Pac 

474) 
ex  rel.  McCurdy    v.    Bennett     (L.R.A. 

1917F,  1076,  —  N.  D.  — ,  163  X.  W. 

1063) 
v.  Bigelow    (L.R.A.1915D,   438,   —  Vt. 

— .  92  Atl.  978) 
Blake  v. 
Blankenship  v. 
ex  rel.  Lorenzino  v.  Board  of  County 

Comrs.  (L.R.A.1915C,  898,  —  X.  M. 

— ,  145  Pac.  1083) 
v.  Bonham  (L.R.A.1917D,  996,  93  Wash. 

489,  161  Pac.  377) 
Booth  v. 
ex  rel.  Riggle  v.  Brodigan  (L.R.A.1915B, 

197.  —  Xev.  — ,  143  Pac.  238) 
v.  Brooken  (L.R.A.1915B,  213,  —  N.  M. 

— ,  143  Pac.  479) 
v.  Brown   (L.R.A.1916D,  1295,  —  S.  C. 

— .  88  S.  E.  21) 
v.  Bruce   (L.R.A.1916C,  1,  17  Idaho,  1, 

102  Pac.  831) 
ex  rel.  Gwinn  v.  Bucklin  (L.R.A.1915D, 

285.  —  Wash.  — .  145  Pac.  58) 
v.  Bunting   (L.R.A.1917C,  1162,  71  Or. 

259,  139  Pac.  731) 
Byrd  v. 
v.  Cameron  (L.R.A.1916F,  -578,  —  Iowa, 

— ,  158  X.  W.  470) 
v.  Cardwell  (L.R.A.1916B,  745,  90  Kan. 

606,  135  Pac.  597) 
v.  Carta    (L.R.A.1916E,  634,   90  Conn. 

79,  96  Atl.  411) 
Cheadle  v. 
ex  rel.  Barker  v.  Chicago  &  A.  R.  Co. 

(L.R.A.1916C,  309,  265  Mo.  646,  178 

S.  W.  129) 

Chicago,  M.  &  St.  P.  R.  Co.  v. 
v.  Chicago,  M.  &  St.  P.  R.  Co.  (L.R.A. 

1916B,  764,  130  Minn.  144,  P.U.R. 

1915D,  797,  153  X.  W.  320) 
ex  rel.  St.  Paul  v.  Chicago,  M.  &  St. 

P.    R.    Co.    (L.R.A.1917C,  1174,  — 

Minn.  — ,  160  X.  W.  773) 
Chicago,  R.  I.  &  P.  R.  Co.  v. 
Choate  v. 


516 


TABLE  OF  CASES. 


State  ex  rel.  Washington  Pav.  Co.  v.  Clausen 

(L.R.A.1917A,  43o,  90  Wash.   450, 

156  Fac.  554) 
v.  Cleveland  &  P.  R.  Co.  (L.R.A.1917A, 

1007,  —  Ohio  St.  — ,  113  N.  E.  677) 
Coppage  v. 
v.  Corcoran     (L.R.A.1915D,     1015,     82 

Wash.  44,  143  Pac.  453) 
v.  Courtsol  (L.R.A.1916A,  465,  89  Conn. 

564,  94  Atl.  973) 
v.  Creamery  Package  Mfg.  Co.  (L.R.A. 

1915A,  892,  115  Minn.  207,  132  N. 

W.  268) 
Crowley  v. 
ex    rel.    Thompson    v.    Crump    (L.R.A. 

1916D,  951,  —  Tenn.  — ,  183  S.  W. 

505) 

Cudjoe  v. 
ex  rel.  Bell  v.  Cummings  (L.R.A.1915D, 

274,  130  Tenn.  566,  172  S.  W.  290) 
v.  Cunningham   (L.R.A.1915B,  389,  130 

La.  749,  58  So.  558) 
v.  Cutlip  (L.R.A.1916E,  783,  —  W.  Va. 

— ,  88  S.  E.  829) 
ex  rel.  Jarvis  v.  Daggett  (L.R.A.1916A, 

446,  —  Wash.  — ,  151  Pac.  648) 
v.  Davis   (L.R.A.1917C.  639,  —  W.  Va. 

— ,  87  S.  E.  262) 
Davis  v. 
ex  rel.  Black  v.  Delaye   (L.R.A.1915E. 

640,  —  Ala.  — ,  68  So.  993) 
ex  rel.  Weatherby  v.  Dick  &  Bros.  Quin- 

cy     Brewery     Co.      (L.R.A.1917D, 

1023,  —  Mo.  — ,  192  S  W.  1022) 
ex   rel.   Adriatic   Min.   Co.   v.   District 

Court       (L.R.A.1917F,      1094,      — 

Minn.  — ,  163  N.  W.  755) 
ex  rel.  Anseth  v.  District  Court  (L.R.A. 

1916F,  957,  —  Minn.  — ,  158  X.  W. 

713) 
ex    rel.     Conway     v.     District     Board 

(L.R.A.1916D,   399,   162   Wis.   482, 

156  N.  W.  477) 
ex  rel.  Lane  v.  District  Court  (L.R.A. 

191 6E,    1079,    51    Mont.    503,    154 

Pac.   200) 
ex  rel.  Metcalf  v.  District  Court  (L.R.A. 

1916F,  132,  —  Mont.  — ,  155  Pac. 

278) 

ex  rel.  People's  Coal  &  Ice  Co.  v.  Dis- 
trict Court  (L.R.A.1916A,  344,  129 

Minn.  502,  153  X.  W.  119) 
v.  Dougherty  (L.R.A.1916C,  991,  —  X. 

J.  — ,  96  Atl.  56) 
ex  rel.   Hagerman  v.   Drabelle    (L.R.A. 

1917E,  475,  —  Mo.  — ,  191  S.  W. 

691) 

Draughn  v. 
v.  Duvall   (L.R.A.1916E,  1264,  135  La. 

710,  65  So.  904) 
ex  rel.  St.  Joseph  Water  Co.  v.  Eastin 

(L.R.A.1917D,  802,  —  Mo.  — ,  192 

S.  W.  1006) 
ex  rel.  Kern  v.  Emerson   (L.R.A.1916F, 

325,  90  Wash.  565,  155  Pac.  579) 
v.  English  (L.R.A.1915F,  977,  —  S.  C.— , 

85  S.  E.  721) 
ex   rel.    Hopkins    v.    Excelsior    Powder 

Mfg.  Co.  (L.R.A.1915A.  615.  —  Mo. 

— ,  169  S.  W.  267) 


State  ex  rel.  O'Shea  v.  Farmer's  Irrig.  Dist. 

(L.R.A.1915E,  687,  —  Xeb.  — ,  152 

N.  W.  372) 

Farmers'  State  Bank  v. 
Flores  v. 

ex  rel.  West  v.  Florida  Coast  Line  Ca- 
nal  &   Transp.    Co.    (L.R.A.1917F, 

776,  —  Fla.  — ,  75  So.  582) 
Flowers  v. 
ex    rel.    Syverson    v.    Foster    (L.R.A. 

1915E,  340,  —  Wash.  — ,  146  Pac. 

169)  ' 
Frank  v. 
ex  rel.  Bolens  v.  Frear    (L.R.A. 1915B, 

569,  148  Wis.  456,  134  N.  W.  673) 
v.  Gardner  (L.R.A.1916D,  767,  —  Iowa, 

— ,  156  N.  W.  747) 
ex  rel.  Barnes  v.  Garrett  (L.R.A.1917B, 

567,  135  Tenn.  617,  188  ,S.  W.  5Si 
ex  rel.  St.  Joseph  Water  Co.  v.  Geiger 

L.R.A.1916A,  1060,  246  Mo.  74.  ir>4 

S.  W.  486) 

ex  rel.  Fishback  v.  Globe  Casket  &  Un- 
dertaking   Co.    (L.R.A.1915B,    976, 

—  Wash.  — ,  143  Pac.  878) 
Goins  v. 
v.    Gounagias     (L.R.A.1916C,    581,    — 

Wash.  — ,  153  Pac.  9) 
ex  rel.  McLaughlin  v.   Graves    (L.R.A. 

1915C,  259,  —  Or.  — ,  144  Pac.  48-1) 
Griffin  v. 
v.  Haffer   (L.R.A.1917C,  610,  —  Wash. 

— ,  162  Pac.  45) 
Hall  v. 
Harris,  v. 
v.  Hart  (L.R.A.1917F,  985,  —  X*.  J.  — , 

101  Atl.  278) 
ex    rel.    Lathrop    v.    Hauptly    (L.R.A. 

1915F,  920,  —  Wash.  —  149  Pac. 

705) 

ex  rel.  McCain,  Haymaker  v. 
v.   Healy    (L.R.A.1917D,   726,  —  Minn. 

— .  161  X*.  W.  590) 
v.  Helderle    (L.R.A.1916F,  735,  —  Mo. 

— ,  186  S.  W.  696) 
v.  Hemrich  (L.R.A.1917B.  962,  —  Wash. 

— ,  161  Pac.  79) 
ex   rel.   Turner   v.    Henderson    (L.R.A. 

1917F,  770,  —  Ala.  — .  74  So.  344) 
v.    Hessenius     (L.R.A.1915A,    1078,    — 

Iowa,  — ,  146  X.  W.  58) 
ex  rel.  Lattanner  v.  Hills  (L.R.A.1917B, 

684,  —  Ohio  St.  — ,  113  X.  E.  1045) 
Hippie  v. 
ex  rel.  Kimberlite  D.  M.  &  W.  Co.  v. 

Hodges      (L.R.A.1916F,     122,     114 

Ark.  155,  169  S.  W.  942) 
v.  Holloway    (L.R.A.1915F,  922,  —  N. 

M.  — ,  146  Pac.  1066) 
v.  Holmes  (L.R.A.1916E,  1104,  —  Kan. 

— ,  157  Pac.  412) 
use  of  Cross  County,  Hooten  v. 
ex  rel.  Lachtman  v.  Houghton   (L.R.A. 

1017F,  1050,  134  Minn.  226,  158  XT. 

W.  1017) 
Howard  v. 
ex  rel.  Brown  v.  Howell  (L.R.A.1916D, 

1007.  134  Tenn.  93.  183  S.  W.  517) 
ex  rel.  Timothy  v.  Howse  ( L.R.A.] 916D, 

1090,  134  Tenn.  67.  183  S.  W.  510) 
Hunt  v. 


TABLE  OF  CASES. 


517 


State  v.  Hunter  (L.R.A.1916C,  566,  —  Minn. 

— ,  154  N.  W.  1083) 
Hunter  v. 
v.  Hutchinson  Ice  Cream  Co.    (L.R.A. 

1917B,  198,  168  Iowa,  1,  147  N.  W. 

195) 
ex  rel.   Aultman  v.  Ice    (L.R.A.1915D, 

288,  —  W.  Va.  — ,  84  S.  E.  181) 
v.  Independence  Gas  Co.   (L.R.A.1917D, 

1070,  99  Kan.  671,  163  Pac.  148) 
ex  rel.  Munding  v.  Industrial  Commis- 
sion   (L.R.A.1916D,    944,    92    Ohio 

St.  434,  111  N.  E.  299) 
Jackson  v. 
v.  Jacotson  (L.R.A.1916E,  1180,  —  Or. 

— ,  157  Pac.  1108)' 
v.  Jensen   (L.R.A.1917C,  455,  —  Iowa, 

— ,  160  N.  W.  832) 
Jones  v. 
Kane  v. 
v.    Karri    (L.R.A.1916F,    90,   51   Mont. 

157,  149  Pac.  956) 
v.  Keeler    (L.R.A.1916E,  472,  —  Mont. 

— ,  156  Pac.  1080) 
v.  Keet    (L.R.A.1917C,  60,  —  Mo.  — , 

190  S.  W.  573) 
Kennedy  v. 
v.  Kennedy  (L.R.A.1915F,  656,  —  N.  C. 

— ,  85  S.  E.  42) 
Kerby  v. 
Key  v. 

v.  Kibbey.     See  State  v.  Miller. 
Kinnane  v. 
Kitto  v. 
ex  rel.  Brewster  v.  Knapp  (L.R.A. 1917C, 

1034,  99  Kan.  852,  163  Pac.  181) 
ex  rel.  Bickett  v.  Knight  (L.R.A.1915F, 

898.   —   N.    C.   — ,   85   S.   E.   418) 
ex  rel.  Henry,  Knight  v. 
v.  Korrer  (L.R.A.1916C,  139,  127  Minn. 

60,  148  X.  W.  617) 
v.  Laboon   (L.R.A.1917F,  896,  —  S.  C. 

— ,  92  S.  E.  622) 
ex  rel.  Eliot  &  Co.  y.  Lake  Torpedo 

Boat    Co.    (L.R.A.1916F,    1033,    — 

Conn.  — ,  98  Atl.  580. 
Land  v. 
v.  Lasecki   (L.R.A.1915E,  202,  —  Ohio 

St.  — ,  106  N.  E.  660) 
v.  Latham    (L.R.A.1917A,   480,  —  Me. 

— ,  98  Atl.  578) 
Lee  v. 
v.  Legendre  (L.R.A.1916B,  1270,  —  La. 

— ,  70  So.  70) 
v.  Lester  (L.R.A.1915D,  201,  127  Minn. 

282,  149  X.  W.  297) 
v.  Lipkin   (L.R.A.1915F,  1018,  —  N.  C. 

— ,  84  S.  E.  340) 
ex   rel.    Lanng   v.   Long    (L.R.A.1915E, 

235,  136  La.  1,  66  So.  377) 
v.  Loon    (L.R.A.1916F,   1198,  —  Idaho, 

— .  158  Pac.  233) 
ex    rel.    Hammond    v.    Lynch    (L.R.A. 

1915D,  119,  —  Iowa,  — ,  151  X.  W. 

81) 
ex    rel.    West    v.    McCafferty    (L.R.A. 

1915A,   639,   25   Okla.   2,   105   Pac. 

992) 

McCormick  v. 
McDougle  v. 

ex  rel.  Davis,  McKinnon  v. 
McLeod  v. 


State,  Marshall  v. 

use    of    Cox    v.    Maryland    E.    R.    Co. 

(L.R.A.1917A,    270,    126    Md.    300, 

95   Atl.   43) 
v.  Mausert  (L.R.A.1916C,  1014,  —  N.  J. 

— ,  95  Atl.  991) 
ex  rel.  Ryals,  Memphis  v. 
Metcalf  v. 
v.    Mewhinney    (L.R.A.1916D,    590,    43 

Utah,  135,  134  Pac.  C32) 
v.    Michael    (L.R.A.1915A,    533,   —  W. 

Va.  — ,  82  S.  E.  611) 
v.   Miller    (L.R.A.1917F,   238,  92   Kan. 

994,  142  Pac.  979) 
Miller  v. 
ex  rel.  McCue,  Minneapolis,  St.  P.  &  S. 

Ste.  M.  R.  Co.  v. 
ex  inf.  Harvey  v.  Missouri  Athletic  Club 

(L.R.A.1915C,  876,  —  Mo.  — ,  170 

S.  W.  904) 
v.  Missouri,   K.    &    T.    R.    Co.    (L.R.A. 

1915C,  778,  —  Mo.  — ,  172  S.  W. 

35) 

Mitchell  v. 
v.  Mollier    (L.R.A.1916C,  551,  96  Kan. 

514,  152  Pac,  771) 
ex.  rel.  Willis  v.  Monfort  (L.R.A.1917B, 

801,—  Wash.  — ,  159  Pac.  889) 
ex  rel.  Wooldridge  v.  Morehead  (L.R.A. 

1917D,  310,  100  Xeb.   864,  161  X. 

W.  569) 
Moreland  v. 
v.  Morris  (L.R.A.1916D,  573,  28  Idaho, 

599,  155  Pac.  296) 
ex.  rel.  Corporation  Com.  v.  Morrison 

&  Sons  Co.   (L.R.A.1915C,  380,  155 

N.  C.  53,  70  S.  E.  1079) 
Moss  v. 
Motlow  v. 
v.  Mountain  Timber  Co.   (L.R.A.1917D, 

10,  75  Wash.  581,  135  Pac.  645) 
Mo  Yaen  v. 
Myers  v. 
v.  Nagle  (L.R.A.1917E.  1160,  100  Kan. 

495.  164  Pac.  1073) 
v.  Norfolk    Southern    R.    Co.     (L.R.A. 

iniSB,  329,  —  X.  C.  — ,  82  S.  E. 

963) 

ex  rel.  McCue.  Nor^h«>Tn  P  P.  Co.  - 
v.  Norvell  (L.R.A.1917D,  586,  —  Tenn. 

— ,  191   S.  W.   536) 
ex  rel.  Bundy  v.  Nygaard  (L.R.A.1917E, 

563,  163  Wis.  307.  158  X.  W.  87) 
v.  Old  Colony  Trust  Co.  (L.R.A.1915A, 

549,  _  c.  C.  A.  — ,  215  Fed.  307) 
ex  rel.  Linde  v.  Packard  (L.R.A.1917B, 

710,  —  X.  D.  — ,  160  X.  W.  150) 
Parker  v. 
v.  Parker  (L.R.A.1915C,  121,  —  Mo.  — , 

170  S.  W.  1121) 
Paytes  v. 
v.  Peck    (L.R.A.1915A,    663,    88    Conn. 

447,  91  Atl.  274) 
Penn  v. 
v.  Perkins   (L.R.A.1915A,  73,  88  Conn. 

360.  91  Atl.  265) 
v.  Phillips   (L.R.A.1915D,  530,  —  Miss. 

— .  07  So.  651) 

Pittsburgh,  C.  C.  &  St.  L.  R.  Co.  v. 
v.  Pollard   L.R.A.1915B,   529,  —  N.  C. 

— ,  83  S.  E.  167) 


518 


TABLE  OF  CASES. 


State  v.  Powe  (L.R.A.1915B,  189,  —  Miss. 

— ,  66  So.  207) 
v.  Prince    (L.R.A.1916A,  950,  77  N.  H. 

581,  94  Atl.  966) 
ex   rel.   Graff   v.   Probate   Ct.    (L.RA. 

1916A,  901,  128  Minn.  371,  150  N. 

W.  1094) 

ex  rel.  Minnesota  Loan  &  T.  Co.  v.  Pro- 
bate Court  (L.R.A.1915E,  815,  129 

Minn.  442,  152  N.  W.  845) 
ex  rel.  Pettit  v.  Probate  Court  (L.R.A. 

1917F,  436,  —  Minn.  — ,  163  N.  W. 

285) 
v.  Prudential    Coal    Co.     (L.R.A.1915B, 

645,  —  Tenn.  — ,  170  S.  W.  56) 
v.  Rayburn  (L,R.A.1915F,  640,  —  Iowa 

— ,  153  N.  W.  59) 
v.  Reineke   (L.R.A.1915A,  138,  —  Ohio 

St.  — ,  106  N.  E.  52) 
ex  rel.  Coburn  v.  Ries  (L.R.A.1916D,  1, 

123  Minn.  397,  143  N.  W.  981) 
ex  rel.  Hogan,  Renschler  v. 
v.  Richardson     (L.R.A.1917D,    944,    — 

Iowa,  — ,  162  N.  W.  28) 
v.  Ricks    (L.R.A.1915B,   1140,  —  Miss. 

— ,  66  So.  281) 
Riley  v. 
Robinson  v. 
v.  Rogers   (L.R.A.1917E,  857,  —  N.  C. 

— ,  91  S.  E.  854) 
v.  Rose  (L.R.A.1915A,  256,  —  Ohio  St. 

— ,  106  N.  E.  50) 
v.  Rossman     (L.R.A.1917B.     1276,     — 

Wash.  — ,  161  Pac.  349) 
v.  Rupp    (L.R.A.1916B,    848,    96    Kan. 

446,  151  Pac.  1111) 
Ruse  v. 
ex  inf.  Harvey  v.  St.  Louis  Club.    See 

State   ex   inf.   Harvey   v.   Missouri 

Athletic  Club. 
v.  Sanders  .( L.R.A. 1915A,  295,  —  Ala. 

— ,  65  So.  378) 
v.  Sanders  Ice  Cream  Co.  (168  Iowa  1). 

See  State  v.  Hutchinson  Ice  Cream 

Co. 
v.  Sawyer   (L.R.A.1915F,  1031,  —  Me. 

—,94  Atl.  886) 
v.  Scott    (L.R.A.1916B,   844,   86   Wash. 

296,  150  Pac.  423) 
Scott  v. 
v.    Selengut    (L.R.A.1916B.   955,  —   R. 

I.  — ,  95  Atl.  503) 
v.  Several    Parcels    of    Land     (L.R.A. 

1916E,  1,  83  Neb.  13,  119  X.  W. 

21) 
v.  Shadwick  (—  Minn.  — ).    See  Ward, 

Re 
v.  Shaw  (L.R.A.1915F,  1087,  —  Vt.  — , 

94  Atl.  434) 
Shellenberger  v. 
Sibley  v. 
Smith  v. 
ex  rel.  Love    v.    Smith     (L.R.A.1915A, 

832,  —  Okla.  — ,  142  Pac.  408) 
v.  Southern    Pacific    Co.    (L.R.A.1915F, 

1140,  —  La.  — ,  68  So.  819) 
Southern  R.  Co.  v. 
v.  Stalker  (L.R.A.1915E,  1222.  —  Iowa, 

— ,  1,11  X.  W.  f.27 ) 
v.  Standard  Oil  Co.   (L.R.A.1917D,  746, 

100  Neb.  826,  161  X.  W.  537) 


State    ex    rel.    Withycombe    v.    Stannard 

(L.R.A.1917F,   215,  —  Or.  — ,   165 

Pac.  566) 
v.  Stevens  (L.R.A.1917C,  528,  —  N.  H. 

— ,  99  Atl.  723) 
Strauss  v. 
Sturgeon  v. 
ex  rel.    Tacoma   v.    Sunset   Teleph.   & 

Teleg.  Co.    (L.R.A.1917F,  1178,  86 

Wash.   309,  P.U.R.1915F,  947,  150 

Pac.  427) 
ex    rel.    Crombie    v.     Superior     Court 

(L.R.A.1915E,    567,    -  -    Wash.    — , 

148  Pac.  882) 
ex  reL  Martin  v.  Superior  Court  (L.R.A. 

1917F,  905,  —  Wash.  — ,  166  Pac. 

630) 
ex  rel.  Port  of  Seattle  v.  Superior  Court 

(L.R.A.1917B,    354,    —    Wash.    — , 

160  Pac.  755) 
ex  rel.  Webster  v.  Superior  Ct.  (L.R.A. 

1915C,  287,  67  Wash.  37,  120  Pac. 

861) 
v.  Sutton  (L.R.A.1917E,  1176,  87  X*.  J. 

L.  192,  94  Atl.  788) 
v.  Tankersley  (L.R.A.1917C,  533,  —  N. 

C.  — ,  90  S.  E.  781) 
v.  Tanner  (L.R.A.1917E,  849,  —  X.  M. 

— ,  164  Pac.  821) 
v.  Tardiff    (L.R.A.1915A,  817,  111  Me. 

552,  90  Atl.  424) 
v.  Theriot  (L.R.A.1916F,  683,  —  La.  — , 

72  So.  191) 
Toledo  Disposal  Co.  v. 
Towery  v. 
ex    rel.    Parmenter    v.    Troup    (L.R.A. 

1915E,  936,  —  Neb.  — ,  152  X.  W. 

748) 

Troutner  v. 
v.  Twin  Falls  Land  &  W.  Co.   (L.R.A. 

1916F,  236,  21  Idaho,  410,  121  Pac. 

1039) 

v.  United  Fruit  Co.  See  State  v.  South- 
ern Pacific  Co. 
use  of  Melitch  v.  United  Rys.  &  Electric 

Co.    (L.R.A.1915E,    1163,    121    Md. 

457,  88  Atl.  229) 
v.  United    States    Trust    Co.     (L.R.A. 

1917C,  975,  99  Kan.  841,  163  Pac. 

156) 

Walker  v. 
v.  Wallace    (L.R.A.1916D,    457,   —   Or. 

— ,  154  Pac.  430) 
v.  Washed  Sand  &  G.  Co.  i  L.R.A.1917D, 

1127,  —  Minn.  — ,  102  X.  W.  451) 
ex  rel.  Otero  De  Burg  v.  Water  Supply 

Co.  (L.R.A.1915A,  246,  —  X.  M.  — , 

140  Pac.  1059) 
ex   rel.   Scotillo   v.   Water   Supply   Co. 

(L.R.A.1915A,    242,    —   X.    M.    — , 

140  Pac.  1056) 
v.  Weinstein  (L.R.A.1917F,  706,  —  La. 

— ,  76  So.  208) 
West  v. 
ex   rel.    Richards   v.   Whisman    (L.R.A. 

1917B,  1,  36  S.  D.  260,  154  X.  W. 

707) 

Williams  v. 
ex  rel.  Murphy  v.  Wolfer  (L.R.A.1915B, 

95,  127  Minn.  102,  148  X.  W.  896) 
Woods  v. 
v.  Yoder   (L.R.A.1916C,  686,  113  Minn. 

503,  130  N.  W.  10) 


TABLE  OF  CASKS. 


State  v.  Zeller  (L.R.A.1917C,  217,  83  N.  J. 

L.  666,  85  Atl.  237) 

State  Bank,  Ancient  Order  of  United  Work- 
men v. 
v.  Cumberland  Sav.  &  Trust  Co.  (L.R.A. 

1915D,  1138,  168  N.  C.  605,  85  S. 

E.  5)- 
State   Bank   of   Commerce   v.   Western   U. 

Teleg.    Co.    (L.R.A.1915A,   120,   — 

N.  M.  — ,  142  Pac.  156) 
State  Bar  Commission  ex  rel.  Williams  v. 

Sullivan     (L.R.A.1915D,    1218,    35 

Oklar.  745,  131  Pac.  703) 
State  Bd.  of  Agri.  &  Immig.  v.  Tanzmann 

( —  La.  — ).     See  Louisiana  State 

Bd.  of  Agri.  &  Immig.  v.  Tanzmann. 
State  Bd.  of  Medical  Examiners,  Freeman  v. 
State  Bd.  of  Tax  Comrs.,  People  ex  rel. 

Harlem  River  &  P.  C.  R.  Co.  v. 
People  ex  rel.  New  York,  0.  &  W.  R. 

Co.  v. 

State  Farmers'  Hail  Ins.  Co.,  French  v. 
State  Industrial  Commission  v.  New  York 

State   Railways    (218  N.  Y.   318). 

See  De  Voe,  Re. 

State  Liquor  Licensing  Board,  Hockett  v. 
State  Mut.  Ins.  Co.,  Dixon  v. 

v.  Green  (L.R.A.1917F,  663,  —  Okla.  — , 

166  Pac.  105) 
State  National  Bank  v.  Bank  of  Magdalena 

(L.R.A.1916E,   1296,   —  N.   M.   — , 

157  Pac.  498) 
Darnell  v. 
v.  Ladd    (L.R.A.1917C,   1176,  —   Okla. 

— ,  162  Pac.  684) 
States  Acci.  Ins.  Co.,  Hutton  v. 
State  Sav.  &   Commercial  Bank  v.  Ander- 
son   (L.R.A,1915E,    675,    165    Cal. 

437,  132  Pac.  755) 
State  University,  Bosworth  v. 
Staton  v.  Staton  (L.R.A.1915F,  820,  164  Ky. 

688,  176  S.  W.  21) 
Stavanaugh,  Lament  v. 
Steamship   Co.   v.   Whaley    (231   Fed.   76). 

See  Clyde  Steamship  Co.  v.  Whaley. 
Stebbins,  L.  &  S.  Co.,  American  Surety  Co. 

v. 
Stebbins,  Walker  &  Spinning,  Hurley-Mason 

Co.  v. 

Stebler  v.  Riverside  Heights  Orange  Grow- 
ers' Asso.  (L.R.A.1915F,  1101,  131 

C.  C.  A.  96,  214  Fed.  550) 
Stecher  Lithographic   Co.,  Oswego  Pulp  & 

Paper  Co.  v. 

Steel,  St.  Louis,  I.  M.  &  S.  R.  Co.  v. 
•Steel  Co.  v.  School  Dist.  No.  16  (—  Or.  — ). 

See  Northwest  Steel  Co.  v.  School 

Dist.  Xo.  16. 
Steele    v.    American    Oil    Development    Co. 

(L.R.A.1917E,  975,  —  W.  Va.  — , 

92  S.  E.  410) 
Myers  v. 

Steele  Coal  Co.,  Case  v. 
Steele,  H.  &  M.  Co.  v.  Miller  (L.R.A.1916C, 

1023.  —  Ohio  St.  — ,  110  N.  E.  648) 
Steidl  v.  Aitken  (L.R.A.1915E,  192,  30  N. 

D.  281,  152  N.  W.  276) 
Steinberg,  Erie  R.  Co.  v. 

Steltzer  v.  Chicago,  M.  &  St.  P.  R.  Co. 
(L.R.A.1915E.  1017,  156  Iowa,  1, 
134  N.  W.  573) 


Stenson    v.    Halvorson    Co.     (L.R.A.1915A, 

1179,  —  N.  IX  — ,  147  X.  W.  800) 
Stephano    Bros.    v.    Stamatopoulos    (L.R.A. 

1917C,  1157,  238  Fed.  89) 
Stephens,  Mutual  Life  Ins.  Co.  v. 
Stephenson  v.  Germania  F.  Ins.  Co.  (L.R.A. 

1917D,  307,  100  Xeb.  456,  160  N. 

W.  962) 

St.  Louis  &  S.  F.  R.  Co.  v. 
Stettler  v.  O'Hara  (L.R.A.1917C,  944,  69  Or. 

519,  139  Pac.  743. 
Steube,    Ex    parte     (L.R.A.1916E,    377,    91 

Ohio  St.  135,  110  N.  E.  250) 
Stevens  v.  Allen  (L.R.A.1916E,  1115,  —  La. 

— ,  71  So.  J936) 
Bliss  v. 
State  v. 
Stevenson  v.  Magill   (L.R.A.1917D,  377,  35 

X.  D.  576,  160  X.  W.  700) 
Stewart  v.  Childs  Co.  (L.R.A.1915C,  649,  86 

X.  J.  L.  648,  92  Atl.  392) 
v.  Larkin  (L.R.A.1916B,  1069,  74  Wash. 

681,  134  Pac.  186) 
v.  Rawleigh  Medical  Co.  (L.R.A.1917A, 

1276,  —  Okla.  — ,  159  Pac.  1187) 
Stimson,  Aubrey  v. 
Stinespring,  Caughron  v. 
Stockwell,  Bennett  v. 
Stoddard  &  Son,  Sloan  State  Bank  v. 
Stokely  v.  Fidelity  &  Casualty  Co.  (L.R.A. 

1915E,  955,  —  Ala.  — ,  69  So.  64) 
Stokes,  McDevitt  v. 
Stone,  Chicago,  R.  I.  &  P.  R.  Co.  v. 
Ellis  v. 
v.  Fidelity    &    Casualty    Co.     (L.R.A. 

1916D,  536,  133  Tenn.  672.  182  S. 

W.  252) 
Stone   Co.  v.   Holbrook    ( —  Ky.   — ^       ^e 

Chesapeake  Stone  Co.  v.  Holbrook. 
Stonerook  v.  Wisner  (L.R.A.iniOL,  t>34,  - 

Iowa  — ,  153  X.  W.  351 1 
Stotts  v.  Puget  Sound  Traction,  Light  &  P. 
•    Co.    (L.R.A.1917D,    214,   --    Wash. 

— ,  162  Pac.  519) 
Stout  v.  Stout   (L.R.A.1915A,  711,  —  Iowa 

— , 146  X.  W.  474) 
Stover,  First  Nat.  Back  v. 
Stowell,  Lamb  Davis  Lumber  Co.  v. 
Stratford,  The  v.  Seattle  Brewing  &  M.  Co. 

(L.R.A.1917C,    931.    —    Wash.    — , 

162  Pac.  31) 

Strathmore  Paper  Co.,  Sullivan  v. 
Stratton,  Memphis  Street  R.  Co.  v. 
Straus  v.  American  Publishers'  Asso.  (L.R.A. 

1915A.  1099,  231  U.  S.  222.  58  L. 

ed.  192,  34  Sup.  Ct.  Rep.  84) 
v.  Victor    Talking    Mach.    Co.    (L.R.A. 

1917E,  1196,  243  U.  S.  490,  61  L.  ed. 

866,  37  Sup.  Ct.  Rep.  412) 
Strauss,  Lacker  v. 

v.  State    (L.R.A.1917E,  909,   36  X.  D. 

594,  162  X.  W.  908) 
Streeby,  O'Daniel  v. 
Streeter,  Agar  v. 
Streich  v.  Board  of  Edu.  (L.R.A.1915A,  632, 

—  S.  D.  —  147  X.  W.  779) 
Strong  v.  Day   (L.R.A.1917B,  369,  —  Okla. 

— ,  160  Pac.  722) 
Stuckey,  Paul  v. 
Studebaker  Corp.,  Cline  v. 
McGinnis  v. 


520 


TABLE  OF  CASES. 


Stuhl   v.    Great    Northern    R.    Co.    (L.R.A. 

1917D,  317,  —  Minn.  — ,  161  X.  W. 

501) 
Sturgeon  v.  State    (L.R.A.1917B,   1230,  17 

Ariz.  513,  154  Pac.  1050) 
Sturges   &   Burn   Mfg.   Co.   v.   Beauchamp 

(L.R.A.1915A,  1196,  231  U.  S.  320, 

58  L.  ed.  245,  34  Sup.  Ct.  Rep.  60) 
Sturtevant  Co.  v.  Fidelity  &  D.  Co.  (L.R.A. 

1917C,  630,  92  Wash.  52,  158  Pac. 

740) 
v.  Fireproof    Film     Co.     (L.R.A.1916D, 

1069,  216  X.  Y.  199,  110  X.  E.  440) 
Sullivan  v.  Knauth   (L.R.A.1917F,  554,  220 

X.  Y.  216,  115  X.  E.  460) 
State  Bar  Commission  ex  rel.  Williams 

v. 
v.  Strathmore  Paper  Co.  (L.R.A.1916A, 

378,  218  Mass.  141,  105  X.  E.  463) 
Sultzbach  v.  Smith    (L.R.A.1916F,  228,  — 

Iowa,  — ,  156  X.  W.  673) 
Summers   v.    Summers    (L.R.A.1917C,   497, 

—  Ala.  — ,  73  So.  401) 
Summit    v.    Morris    County    Traction    Co. 

L.R.A.1915E,  385,  85  X.  J.  L.  193, 

88  Atl.  1048) 
Sunderland  v.  Northern  Express  Co.  (L.R.A. 

1916E,  1151,  —  Minn.  — ,  157  X. 

W.  1085) 
Sundine,  Re    (L.R.A.1916A,  318,  218  Mass. 

1,  105  X.  E.  433) 
Sun  Ins.  Office,  Fisher  v. 
Sunset  Teleph.  &  Teleg.  Co.,  State  ex  rel. 

Tacoma  v. 
Sunshine    Cloak    &    Suit    Co.    v.    Roquette 

(L.R.A.1916E,   932,   30   X.  D.   143,  ; 

152  X.  W.  359) 

Superior  Court,  State  ex  reL  Crombie  v. 
State  ex  rel.  Martin  v. 
State  ex  rel.  Port  of  Seattle  v. 
State  ex  rel.  Webster  v. 
Supply  Co.  v.  Battle    (142  Ga.  605).     See 

Carlton  Supply  Co.  v.  Battle. 
Supreme  Tribe  of  Ben  Hur  v.  Owens  (L.R.A. 

1916A,  979,  —  Okla.  — ,  151  Pac.  ' 

198) 
Suravitz    v.    Prudential    Ins.    Co.     (L.R.A. 

1915A,  273,   244   Pa.   582,   91   Atl. 

495) 
Surety  Co.  v.  Municipal  Excavator  Co.  (— 

Okla.    — ).      See    Southern    Surety 

Co.  v.  Municipal  Excavator  Co. 
v.  Stebbins,  L.  &  S.  Co.   (—  Tex.  — ). 

See  American  Surety  Co.  v.  Steb- 
bins, L.  &  S.  Co. 
v.  United  States  use  of  Pittsburgh  & 

B.  Co.  (143  C.  C.  A.  99).     See  Xa- 

tional  Surety  Co.  v.  United  States 

use  of  Pittsburgh  &  B.  Co. 
Surran,  Hauss  v. 
Sutherland  v.  Miller  (L.R.A.1917D,  1040,  — 

W.  Va.  — ,  91  S.  E.  993) 
Sutton  v.  Buie   (L.R.A.1915D,  178,  136  La. 

234.  66  So.  956) 
v.  Findlay     Cemetery     Asso.      (L.R.A. 

1916B,  1135,  —  111.  — ,  110  X.  E. 

315) 
State  v. 
Swain    v.    Spokane    (L.R.A.1917D,    754,    — 

Wash.  —  162  Pac.  991) 
Swank  v.   Battaglia    (L.R.A.1917F,  469,  84 

Or.  159,  164  Pac.  705) 
Grant  v. 


Swank  v.  Kaufman  (L.R.A.1917D,  826,  255 

Pa.  316,  99  Atl.  1000) 
Swartz,  Annear  v. 
Sweeney  v.  Houston  (L.R.A.1915A,  779,  243 

Pa.  542.  90  Atl.  347) 
Sweet,  Owosso  Carriage  &  S.  Co.  v. 
Sweetnam   v.   Snow    (L.R.AJ.916B,   757,  — 

Mich.  — ,  153  X.  W.  770) 
Sweitzer   v.   Fisher    (L.R.A.1916B,   611,   — 

Iowa  — ,  154  X.  W.  465) 
Swenson  Bros.  Co.  v.  Commercial  State  Bank 

(L.R.A.1917F,    1096,   98   Xeb.    702, 

154  X.  W.  233) 
Swentzel  v.  Holmes    (L.R.A.1915E,  926,  - 

Mo.  — ,  175  S.  W.  871) 
Swift  &  Co.,  Catani  v. 

v.  Hocking     Valley     R.     Co.      (L.R.A. 

1917E,  916,  93  Ohio  St.  143,  112  X. 

E.  212) 
Swiller    v.    Home    Ins.    Co.    (L.R.A.1917F, 

•  1040,  —  X.  J.  — ,  101  Atl.  516) 
Switchmen's  Union,  United  States  Bank  & 

T.  Co.  v. 
Swofford    Bros.    Dry    Goods    Co.    v.    Owen 

(L.R.A.1916C,    189,    37    Okla.    616, 

133  Pac.  193) 
Swope  v.  Keystone  Coal  &  C.  Co.  (L.I I. A. 

1917A,  1128,  —  W.  Va.  — ,  89  S. 

E.  284) 
Sykes  v.  Royal  Casualty  Co.  (L.R.A.1916F, 

1043,  —  Miss.  — ,  72  So.  147) 
Sylvester,  New  England  Order  of  Protection 

v. 
Syverson,  Bronson  v. 

v.  Foster.     See  State  ex  rel.  Syverson 

v.  Foster. 
Szabo  v.  Speckman    (L.R.A.1917D,  357.  — 

Fla.  — ,  74  So.  411) 
Szlauzis  v.  Szlauzis  (L.R.A.1916C,  741,  255 

111.  314,  99  X.  E.  640. 


T. 


Tackitt,  Sandy  Valley  &  E.  R.  Co.  v. 
Tacoma,  Sperry  &  Hutchinson  Co.  v. 

v.  Sunset   Teleph.   &   Teleg.   Co.     See 

State    ex    rel.    Tacoma    v.    Sunset 

Teleph.  &  Teleg.  Co. 
Tacoma  Eastern  R.  Co.,  Shafer  v. 
Tacoma  R.  &  Power  Co.,  Day  v. 
Tagus  State  Bank,  Minnesota  Mut.  L.  Ins. 

Co.  v. 
Talcott    v.    Quereau    Co.      See    Shultz    v. 

Quereau  Co. 
Talley    v.    Maupin    (L.R.A.1917F,    912,    - 

Okla.  — ,  166  Pac.  7:54  i 
Tamarack  Mining  Co.,  Lahti  v. 
Tamm  v.  Sauset  (L.R.A.1917D,  988,  67  Or. 

292,  135  Pac.  868) 
Tankersley,  State  v. 
Tanner,  Adams  v. 

State  v. 
Tanzmann,  Louisiana  State  Bd.  of  Agri.  & 

Immig.  v. 

Tapley,  Georgia  &  F.  R.  Co.  v. 
Tardiff,  State  v. 
Tate,  Parker-Harris  Co.  v. 
Tatley,  Derringer  v. 
Tatum  v.  Commercial  Bank  &  T.  Co.  (L.R.A. 

1916C,  767.  —  Ala.  — .  li'.i  So.  508) 
Tax  Lien  Co.  v.  Schultze  (L.R.A.1915D,  1115, 

213  X.  Y.  9,  106  X.  E.  751) 


TABLE  OF  CASES. 


521 


Taylor  v.  Baltimore  (L.R.A.1916C,  1046,  — 

Md.  — ,  99  Atl.  900) 
v.  Chicago,  M.  &  St.  P.  R.  Co.  (L.R.A. 

1915E,  634,  —  Wash.  — ,  148  Pac. 

887) 
v.  Drainage  Dist.  No.  56  (L.R.A.1916B, 

1193,  —  Iowa,  — ,  148  N.  W.  1040) 
v.  Indiana   &  M.  Electric  Co.    (L.R.A. 

1915E,  294,  —  Mich.  — ,  151  N.  W. 

739) 

Moseley  v. 
v.  Southern  States  Life  Ins.  Co.  (L.R.A. 

1917C,  910,  —  S.  C.  — ,  91  S.  E. 

32G) 
v.  Taylor  (L.R.A.1915A,  1044,  —  N.  M. 

— ,  142  Pac.  1129) 
v.  White   (L.R.A.1916C,  704,  160  N.  C. 

38,  75  S.  E.  941) 
Tayloi  Co.,  Waters  v. 
Teague  v.  Commonwealth  (L.R.A.1917B,  738, 

172  Ky.  665,  189  S.  W.  908) 
Teat  v.  Land  (L.R.A.1915A,  563,  —  La.  — , 

66  So.  199) 

Tebbetts,  Groceteria  Stores  Co.  v. 
Tebeau  v.  Ridge  (L.R.A.1915C,  367,  —  Mo. 

— ,  170  S.  W.  871) 
Teeple  v.  Fraternal  Bankers'  Reserve  Soc. 

(L.R.A.1917C,    858,    —    Iowa,    — , 

161  N.  W.  102) 
Telegraph  &  Teleph.  Co.  v.  Danaher   (238 

U.     S.    482).      See     Southwestern 

Teleg.  &  Teleph.  Co.  v.  Danaher. 
v.  Sharp  ( —  Ark.  — ).    See  Southwest- 
ern Tele-?.  &  Teleph.  Co.  v.  Sharp. 
Telegraph  Co.  v.  Dant  (42  App.  D.  C.  398). 

See  Western  U.  Teleg.  Co.  v.  Dant. 
v.  McLaurin   ( —  Miss.  — ).     See  West- 
ern U.  Teleg.  Co.  v.  McLaurin. 
Telephone  &  Telegraph  Co.  v.  Mill  Co.   (— 

Tenn.  — ).    See  Cumberland  Teleph. 

&  Teleg.  Co.  v.  Peacher  Mill  Co. 
Telephone  Co.  v.  Railroad  Commission  (162 

Wis.  383).     See  Wisconsin-Teleph. 

Co.  v.  Railroad  Commission. 
v.  Teleph.   Asso.    (94   Kan.   159).     See 

Baxter    Teleph.    Co.    v.    Cherokee 

County  Mut.  Teleph.  Asso. 
Tempe    v.    Corbell     (L.R.A.1915E,   581,   — 

Ariz.  — ,  147  Pac.  745) 
Tennessee    Coal,    I.    &    R.    Co.    v.    George 

(L.R.A.1916D,  685,  233   U.  S.  354, 

58   L.    ed.   997,   34    Sup.    Ct.   Rep. 

587) 
v.  Moody    (L.R.A.1915E,    369,   —   Ala. 

— ,  68  So.  274) 

Tennessee,  G.  &  A.  R.  Co.,  Neely  v. 
Termini,  Copping  v. 
Terrill    v.    Virginia    Brewing    Co.     (L.R.A. 

1915E,  1028,  130  Minn.  46,  153  N. 

W.  136) 
Territory  v.  Lobato  (L.R.A.1917A,  1226,  17 

N.  M.  666,  134  Pac.  222) 
Terry    v.    Burford    (L.R.A.1915F,    714,    131 

Tenn.  451,  175  S.  W.  538) 
Teutonia  F.  Ins.  Co.,  Petello  v. 
Texas  Building  Co.,  Standard  Asphalt  &  R. 

Co.  v. 
Texas  Co.  v.  Daugherty  (L.R.A.1917F,  989, 

—  Tex.  — ,  176  S.  W.  717) 
Thames  Towboat  Co.,  Kennerson  v. 
Marsdale  v. 


Theatre  Co.  v.  Cloke   (—  Mont.  — ).     See 

Empire  Theatre  Co.  v.  Cloke. 
Theisen    v.    Pittmans    &    D.    Co.    (L.R.A. 
1917D,  772,  —  Mich.  — ,  162  N.  W. 
76) 

Theriot,  State  v. 
Thomas  v.  Armstrong    (L.R.A.1916B,  1182, 

—  Okla.  — ,  151  Pac.  689) 
English  v. 
v.  Knights  of  Maccabees  (L.R.A.1916A, 

750,  85  Wash.  665,  149  Pac.  7) 
v.  Lane  (L.R.A.1916F,  1077,  221  Mass. 

447,  109  N.  E.  363) 
v.  Matthews     (L.R.A.1917A,    1068,    — 

Ohio  St.  — ,  113  N.  E.  669) 
Nicholas  &  Co.  v. 
Oklahoma  R.  Co.  v. 
Skinner  v. 
v.  Thomas    (L.R.A.1915B,   219,   166   N. 

C.  627,  82  S.  E.  1032) 

Thomas  Elevator  Co.,  Smith  v. 

Thomasville  Baseball  Club,  Augusta  Base- 
ball Asso.  v. 

Thompson,  Bennett  v. 

Cceur    d'Alene    Lumber    Co.   v. 
v.  Crump.     See  State  ex  rel.  Thomp- 
son v.  Crump. 
Davies  v. 
v.  McKee   (L.R.A.1915A,  521,  —  Okla. 

— ,  142  Pac.  755) 
Murray  v. 
People  v. 
v.  Twiss    (L.R.A.1916E,   506,  90   Conn. 

444,  97  Atl.  328) 

Thompson-McDonald  Lumber  Co.  v.  Mora- 
wetz  (L.R.A.1915E,  302,  127  Minn. 
277,  149  N.  W.  300) 

Thrasher  v.  Smith  (275  111.  256).    See  Peo- 
ple ex  rel.  Thrasher  v.  Smith. 
Thread  Co.  v.  Railroad  Co. '  (—  N.  J.  — ). 
See   Standard  Combed  Thread  Co. 
v.  Pennsylvania  R.  Co. 

Thresher  Co.  v.  Herding    (126  Minn.  184). 
See    Northwest    Thresher    Co.    v. 
Herding. 
•      v.  Klein  (28  S.  D.  177).     See  Advance 

Thresher  Co.  v.  Klein. 

Threshing  Mach.  Co.  v.  Roberts  County  ( — 
S.  D.  — ).    See  Minneapolis  Thresh- 
ing Mach.  Co.  v.  Roberts  County. 
Thornhill  v.  Olson  (L.R.A.1916A,  493,  —  N. 

D.  — ,  153  N.  W.  442) 
Thornton,  Deupree  v. 
Thorsen,  Rostad  v. 

Thurm,  McDole  v. 

Thurston  v.  Carter   (L.R.A.1915C,  359,  112 

Me.  361,  92  Atl.  295) 
Tidwell  v.  Hitt  Lumber  Co.    (L.R.A.1917C, 

232,  —  Ala.  — ,  73  So.  486) 
Tillis,  Walker  v. 
Tillman  v.  Lewisburg  &  N.  R.  Co.   (L.R.A. 

1916D,  259,  133  Tenn.  554,  182  S. 

W.  597) 

Tilton,  Liberty  Trust  Co.  v. 
Timme    v.    Kopmeier    (L.R.A.1916D,    1114, 

162  Wis.  571,  156  N.  W.  961) 
Timmerman,  Trigg  v. 

Timothy  v.  Howse.    See  State  ex  rel.  Timo- 
thy v.  Howse. 
Tippecanoe   Loan  &  Trust    Co.    v.    Jester 

(L.R.A.1915E,    721,    180    Ind.    357, 

101  X.  E.  915) 


522 


TABLE  OF  CASES. 


Tipton,  Snouffer  v. 

Tire  &  Vulcanizing  Co.  v.  Auto  Storage  Co. 

(133   Tenn.   515).     See  Blackwood 

Tire    &    Vulcanizing   Co.    v.   Auto 

Storage  Co. 

Title  Guarantee  &  Trust  Co.,  Coy  v. 
Title  Guaranty  &  S.  Co.,  Larrabee  v. 
Titus,  Pennsylvania  R.   Co.  v. 
Tobacco   Co.   v.   Cannon    (132   Tenn.   419). 

See  Liggett  &  Myers  Tobacco  Co. 

v.  Cannon. 
v.  Evening  Post  Co.  (169  Ky.  64).    See 

Axton -Fisher  Tobacco  Co.  v.  Even- 
ing Post  Co. 
Toca,  New  Orleans  v. 
Todd  v.  Cincinnati,  N.  0.  &  T.  P.  R.  Co. 

(L.R.A.1916E,  555,  —  Tenn.  — ,  185 

S.  W.  62) 
Cohen  v. 
Grice  v. 
v.  Louisville  &  N.  R.  Co.  (L.R.A.1916F, 

1  543,  —  111.  — ,  113  N.  E.  95) 
Mangum  v. 
Toland,  People  v. 
Toledo  Disposal  Co.  v.  State  (L.R.A.1915B, 

1207,  89  Ohio  St.  230,  106  N.  E. 

6) 

Toles,  Miller  v. 
Tonopah  &  G.  R.  Co.,  Knock  v. 

Zetler  v. 

Toomer,  Midland  Valley  R.  Co.  v. 
Toon    v.    McCaw     (L.R.A.1915A,    590,    74 

Wash.  335,  133  Pac.  469) 
Tootle,  Wheeler  &  Motter  Mercantile   Co., 

Simpson  v. 
Topeka,  Bailey  v. 

Frost  v. 

Topeka  R.  Co.,  Drake  v. 
Topping  v.  Great  Northern  R.  Co.   (L.R.A. 

1915F,    1174,    81    Wash.    166,    142 

Pac.  425) 
Torian  v.  Fuqua  (L.R.A.1917F,  251,  175  Ky. 

428,  194  S.  W.  359) 
Totten,  Slinger  v. 
Towery  v.  State  (L.R.A.1917D,  491,  —  Okla. 

Crim.  Rep.  — ,  163  Pac.  331) 
Towne,    Ancient    Order    of    United    Work- 
men v. 
Townsend  v.  Fidelity  &  Casualty  Co.     See 

Ellis  v.  Fidelity  &  Casualty  Co. 
Tracey,  Shinsky  v. 
Traction  &  T.  Co.  v.  Bain   (174  Ky.  679). 

See  Kentucky  Traction  &  T.  Co.  v. 

Bain. 
Traction   Co.   v.   Mclntire    (37    Okla.   684). 

See  Muskogee  Electric  Traction  Co. 

v.  Mclntire. 
v.  Weitlauf    (176    Ky.    82).      See    Pa- 

ducah  Traction  Co.  v.  Weitlauf. 
Tradesmen's  Trust  Co.,  Com.  ex  rel.  Bell  v. 
Tramway  Go.  v.  Brier  ( —  Colo.  — ).     See 

Denver  City  Tramway  Co.  v.  Brier. 
Transfer  &  Storage  Co.  v.  Neill  (—  Okla. 

— ).    See  0.  K.  Transfer  &  S.  Co.  v. 

Neill. 
Transfer  Co.  v.  Portland  (84  Or.  343).     See 

Baggage  &  Omnibus  Transfer  Co.  v. 

Portland. 
Transportation  Co.  v.  Howell   (—  Fla.  — ). 

See    Gulf    Coast     Transp.    Co.    v. 

Howell. 
Traud,  Erwin  v. 


Travelers'  Ins.  Co.,  Milliken  v. 
Rock  v. 
Smith  v. 
Travis,  George  ex  rel.  Jones  v. 

v.  Knox   Terpezone    Co.    (L.R.A.1916A, 

542,  215  N.  Y.  259,  109  N.  E.  250) 

v.  Sitz    (L.R.A.1917A,    671,    135    Tenn. 

156,  185  S.  W.  1075) 

Treadwell  Co.  v.  Bank  &  T.  Co.  (—  Tenn. 
— ).     See  Farabee-Treadwell  Co.  v. 
Union  &  P.  Bank  &  T.  Co. 
Treasurer  and   Receiver  General  v.   Clark. 
See  Attorney  General  ex  rel.  Treas- 
urer and  Receiver  General  v.  Clark. 
v.  Clarke. 
Parker  v. 
Tyler  v. 

Trefry  v.  Garfield.     See  Trefry  v.  Putnam, 
v.  Putnam  (L.R.A.1917F,  806,  —  Mass. 

— ,  116  N.  E.  904) 
Tremont  &  G.  R.  Co.,  Wallace  v. 
Tremont  Theatre  Amusement  Co.  v.  Bruno 

(225  Mass.  461,  114  N.  E.  672) 
Trexler  Lumber  Co.,  M.  P.  Smith  &  Sons 

Co.  v. 
Trigg  v.  Timmerman  (L.R.A.1916F,  424,  90 

Wash.  678,  156  Pac.  846) 
Trinity  &  B.  V.  R.  Co.  v.  Blackshear  (L.R.A. 
1915D,  278,  —  Tex.  — ,  172  S.  W. 
544) 
Trosper  v.  King-Richardson  Co.    See  Ely  v. 

King-Richardson  Co. 
Trotter    v.    Commonwealth     (L.R.A.1916E, 

768,  169  Ky.  551,  184  S.  W.  871) 
Troup,  State  ex  rel.  Parmenter  v. 
Troutner   v.    State    (L.R.A.1916D,   262,   — 

Ariz.  — ,  154  Pac.  1048) 
Trowbridge,  Bowie  v. 

Troy  &  North  Carolina  Gold  Min.  Co.  v. 
Snow  Lumber  Co.  (L.R.A.1917E, 
892,  —  N.  C.  — ,  92  S.  E.  494) 
Truax  v.  Raich  (L.R.A.1916D,  545,  239  U. 
S.  33,  60  L.  ed.  701,  36  Sup.  Ct.  Rep. 
7) 

Trumbull,  Van  Buren  v. 
Trust  Co.  v.  Adams   (224  Mass.  442).     See 
Boston  Safe  Deposit  &  T.  Co.   v. 
Adams, 
v.  Barret  ( —  Ky.  — ).     See  Fidelity  & 

Columbia  Trust  Co. 

v.  Chicago  Auditorium  Asso.  (240  U.  S. 
581).    See  Central  Trust  Co.  v.  Chi- 
cago Auditorium  Asso. 
v.  Cox  (—  Okla.  — ).    See  Union  Trust 

Co.  v.  Cox. 
v.  Curtis    ( —   Ind.    — ).       See    Union 

Trust  Co.  v.  Curtis. 

v.  Diamond  Coal  &  Coke  Co.   (234  Pa. 
100).     See  Safe  Deposit   &  Trust 
Co.  v.  Diamond  Coal  &  Coke  Co. 
v.  Edwards  ( —  X.  ,T.  — ) .    See  Security 

Trust  Co.  v.  Edwards. 
v.  First   Nat.   Bank    (213   N.  Y.   301). 
See    Carnegie    Trust    Co.    v.    First 
Xat.  Bank. 
V.  Luke   (220  Mass.  484).     See  Boston 

Safe  Deposit  &  T.  Co.  v.  Luke. 
v.  McDougald    (132  Tenn.    323).      See 
Citizens'  Trust  Co.  v.  McDougald. 
v.  Martin  (158  Ky.  522).    See  Fidelity 
Trust  Co.  v.  Martin. 


TABLE  OF  CASES. 


523 


Trust  Co.  v.  Railroad  Co.  ( —  Miss.  — ).    See  | 

Guaranty  Trust  Co.  v.  Mobile  &  0. 

R.  Co. 
v.  Smith  (215  X.  Y.  488).    See  People's 

Trust  Co.  v.  Smith. 

v.  Snively   (162  Ky.  461).     See  Louis- 
ville Trust  Co.  v.  Snively. 
v.  Tilton  (217  Mass.  462).    See  Liberty 

Trust  Co.  v.  Tilton. 
v.  White   &   Co.    (241    Fed.   57).      See 

Astor  Trust  Co.  v.  White  &  Co. 
Trustees,  Executors  &  Securities  Ins.  Corp. 

v.    Hooton    (L.R.A.1916E,    602,   - 

Okla.  — ,  157  Pac.  293) 
Tryon    v.    Moyer    (L.R.A.1915E,    844,    130 

Minn.  198,  153  N.  W.  307) 
Tubbs    v.    Shears    (L.R.A.1916D,    1032,    — 

Okla.  — .  155  Pac.  549) 
Tube  City  Min.  &    Mill.    Co.    v.    Otterson 

(L.R.A.1916E,  303,  16  Ariz.  305,  146 

Pac.  203) 
Tucker  v.  Fouts  (L.R.A.1917F,  916,  —  Fla. 

— , 76  So.  130) 
v.  Mobile     Infirmary     Asso.      (L.R.A. 

1915D,  1167.  —  Ala.  — ,  68  So.  4) 
Philadelphia,  B.  &  W.  R.  Co.  v. 
Tucker  Co.,  Usher  v. 
Tuder  v.  Oregon  Short  Line  R.  Co.  (L.R.A. 

1917C,  86,  —  Minn.  — ,  160  X.  W. 

785) 

Tukey,  St.  Louis,  I.  M.  &  S.  R.  Co.  v. 
Tupelo,  Woods  v. 
Turk  v.  Benson   (L.R.A.1915D,  1211,  30  X. 

D.  200,  152  X.  W.  354) 
v.  Norfolk  &  W.  R.  Co.   (L.R.A.1915E, 

145,  —  W.  Va.  — ,  84  S.  E.  569) 
Turner,  Ex  parte  (L.R.A.1917D,  355,  —  Fla. 

—  74  So.  314) 
v.  Brooks   &   Sons    (L.R.A.1916E,  958, 

151  Ky.  310.  151  S.  W.  948) 
v.  Henderson.     See  State  ex  rel.  Tur- 
ner v.  Henderson, 
v.  Randall  (L.R.A.1917B,  250,  —  Minn. 

— .  159  X.  W.  958) 
Tway,  Davis  v. 

Twin  Falls  Land  &  W.  Co.,  State  v. 
Twiss,  Thompson  v. 
Tyberg,  Pioneer  Min.  Co.  v. 
Tyler  v.  Treasurer    and    Receiver    General 

(L.R.A.1917D,  633,  220  Mass.  306, 

115  X.  E.  300) 
Tyre  v.  Krug   (L.R.A.1915C,  624,  159  Wis. 

39,  149  X.  W.  718) 


U. 

Umbrogia  v.  Laskau.     See  Coffin  v.  Laskaih 

Uncle  Sam  Oil  Co.,  Gamble  v. 

Underwood    v.    Underwood     (L.R.A.1915B, 

674.  —  Ga.  — ,  83  S.  E.  208. 
Ungerecht,  Bond  v. 
Union  &  P.  Bank  &  T.  Co.,  Farabee-Tread- 

well  Co.  v. 
Union  Acci.  Co.  v.  Willis  (L.R.A.1915D,  358, 

—  Okla.  — ,  145  Pac.  812) 
Union    Dry    Goods    Co.    v.    Georgia    Public 

Service    Corp.     (L.R.A.1916E,  358, 

142  Ga.  841.  83  S.  E.  946) 
Union  Ice   &   Coal   Co.   v.   Ruston    (L.R.A. 

1915B,    859,    135    La.    898,   66    So. 

262) 


Union  P.  R.  Co.,  Brushaber  v. 
Equitable  L.  Assur.  Soc.  v. 
v.  Grace    (L.R.A.1915B,    608,  —  Wyo. 

— ,  143  Pac.  353) 
Hupp  v. 
Johnk  v. 
Kirby  v. 
Union  Trust  Co.  v.  Cox  (L.R.A.1917C,  356, 

—  Okla.  — ,  155  Pac.  206) 
v.  Curtis  (L.R.A.1915A,  699,  —  Ind.  — , 

105  X.  E.  562) 
Home  Ins.  Co.  v. 
People  v. 

United  Cigarette  Machine  Co.  v.  Brown 
(L.R.A.1917F,  1100,  119  Va.  813, 
89  S.  E.  850) 

United  Commercial  Travelers,  Berry  v. 
United    Copper   Securities   Co.   v.   Amalga- 
mated   Copper    Co.     (L.R.A.1917E, 
1004,  139  C.  C.  A.  15,  223  Fed.  421) 
United  Drug  Co.,  Conley  v. 
United  Electric  Light  &  W.  Co.,  Lane  v. 
United  Fruit  Co.,  State  v. 
United  Fuel  Gas  Co.,  Carper  v. 
Elk  Hotel  Co.  v. 
v.  Williamson    (L.R.A.1917D,  197,  174 

Ky.  362,  192  S.  W.  18) 
United    Iron    Works    v.    Rathskeller    Co. 
(L.R.A.1917C,    445,    -  -    Wash.    — , 
161  Pac»  1197) 

United  Mine  Workers,  Roddy  v. 
United    Railways    &    E.    Co.    v.    Phillips 
(L.R.A.1917C,  384,  129  Md.  328,  99 
Atl.  355) 

State  use  of  Melitch  v. 
United  R.  Co.,  McLaughlin  v. 
United  Rys.  Co.,  Castanie  v. 

Gunn  v. 

United  States,  Ex  parte  (L.R.A.1917E,  1178, 
242  U.  S.  27,  61  L.  ed.  129,  37  Sup. 
Ct.  Rep.  72) 
v.  Atlantic  C.  L.  R.  Co.   (L.R.A.1915A, 

374,  —  C.  C.  A.  — .  215  Fed.  56) 
v.  Bank  of  New  York,  Nat.  Bkg.  Asso. 
(L.R.A.1915D,  797,  —  C.  C.  A.  — , 
219  Fed.  648) 
v.  Bennett   (L.R.A.1916B.  1010,  125  C. 

C.  A.  186,  207  Fed.  524) 
Brown  v. 
Caminetti  v. 

Chesapeake  &  D.  Canal  Co.  v. 
Creekmore  v. 
Diggs  v. 
Eastern  States  Retail  Lumber  Dealers' 

Asso.  v. 
Fish  v. 

Great  Northern  R.  Co.  v. 
Guinn  v. 

v.  Hamburg-Amerikanische  Packetfahrt 
Actien  Gesellschaft  (L.R.A.1917C, 
1103,  128  C.  C.  A.  496,  212  Fed. 
40) 

Hays  v. 

v.  Holte  (L.R.A.1915D,  281.  236  U.  S. 
140,  59  L.  ed.  504,  35  Sup.  Ct.  Rep. 
271) 

Johnson  v. 
Latham  v. 

v.  Lexington  Mill  &  Elevator  Co. 
(L.R.A.1915B.  774.  232  U.  S.  "'.'0, 
58  L,  ed.  658,  34  Sup.  Ct.  Rep.  337) 


524 


TABLE  OF  CASES. 


United  States,  McBride  v. 
Munroe  v. 
use  of  Pittsburgh  &  B.  Co.,  National 

Surety  Co.  v. 
Northern  P.  R.  Co.  v. 
Paylor  v. 
Price  v. 
Seven  Cases  v. 
Spokane  &  I.  E.  R.  Co.  v. 
Van  Pelt  v. 
Weeks  v. 
United  States  &  M.  T.  Co.,  United  States 

Fidelity  &  G.  Co.  v. 

United  States  Bank  &  T.  Co.  v.  Switchmen's 
Union  (L.R.A.1917E,  311,  256  Pa. 
228,  100  Atl.  808) 

United  States  Bond  &  Mortg.  Co.  v.  Keahey 
(L.R.A.1917C,  829,  —  Okla.  — ,  155 
Pac.  537) 

United  States  Casualty  Co.  v.  Griffis  (L.R.A. 
1917F,  481,  —  Ind.  — ,  114  N.  E. 
83) 
United  States  Fidelity  &  G.  Co.  v.  Cochrane. 

See  Costello  v.  Bridges. 
v.  Poetker  (L.R.A.1917B,  984,  180  Ind. 

255,  102  X.  E.  372) 

v.  United  States  &  M.  T.  Co.  (L.R.A. 
1916F,  1067,  —  C.  C.  A.  — ,  234 
Fed.  238) 

v.  United    States    Nat.    Bank    (L.R.A. 
1916E,  610,  —  Or.  — ,  157  Pac.  155) 
Young  Men's  Christian  Asso.  v. 
United  States  Mortg.  &  T.  Co.,  Morgan  v. 
United  States  Nat.  Bank  v.  Glanton  (L.R.A. 
1917F,  600,  146  Ga.  786,  92  S.  E. 
625) 
v.  Herron  (L.R.A.1916C,  125,  73  Or.  391, 

144  Pac.  661) 

United  States  Fidelity  &  G.  Co.  v. 
United  States  Portland  C.  Co.  v. 
U.  S.  Operating  Co.,  Atkinson  v. 
United   States   Portland   C.   Co.  v.   United 
States    Nat.    Bank     (L.R.A.1917A, 
145,  —  Colo.  — ,  157  Pac.  202) 
United   States   Rubber   Co.   v.   Washington 
Engineering  Co.  (L.R.A.1915F,  951, 
—  Wash.  — ,  149  Pac.  706) 
United  States  Steel  Corp.,  Lockwood  v. 
United  States  Trust  Co.,  State  v. 
United  Trade  School  C.  Co.,  Easton  v. 
Universal   Film   Mfg.    Co.,   Motion    Picture 

Patents  Co.  v. 
University    Club   v.    Deakin    (L.R.A.1915C, 

854,  265  111.  257,  106  X.  E.  790) 
University  of  Mississippi  v.  Waugh  (L.R.A. 
1915D,  588,  105  Miss.  623,  62  So. 
827) 

Uphoff  v.  Industrial  Board  of  Illinois  (L.R.A. 
1916E,  329,  271  111.  312,  111  X.  E. 
128) 
Urbach   v.    Omaha    (L.R.A.1917E,   1163,   — 

Xeb.  — ,  163  X.  W.  307) 
Urquhart    v.     Marion    Hotel    Co.     (L.R.A. 
1917F,  203,  —  Ark.  — ,  194  S.  W. 
1) 
Usher  v.  Tucker  Co.  (L.R.A.1916F,  826,  217 

Mass.  441,  105  X.  E.  360) 
Utheim,  Odenbreit  v. 
Utterback,  Mangold  &  Glandt  Bank  v. 
Uvalde  Electric  Light  Co.,  Parsons  v. 


V. 


Vacuum  Cleaner  Co.  v.  Bjornstad  ( —  Minn. 

— ).    See  Palm  Vacuum  Cleaner  Co. 

v.  Bjornstad. 
Valentino    v.    Schantz    (L.R.A.1916B,    1044, 

216  N.  Y.  1,  109  N.  E.  866) 
Valin  v.  Jewell  (L.R.A.1915B,  324,  88  Conn. 

151,  90  Atl.  36) 
Valley  City,  Persons  v. 
Valley  Mercantile  Co.  v.  St.  Paul  F.  &  M. 

Ins.     Co.     (L.R.A.1915B,     327,     49 

Mont.  430,  143  Pac.  559) 
Van  Bever,  Jones  v. 
Van  Blaricom  v.  Dodgson  (L.R.A.1917F,  383, 

220  X.  Y.  Ill,  115  X.  E.  443) 
Van  Buren  v.  Trumbull  (L.R.A.1917A,  1120, 

92  Wash.  691,  159  Pac.  891) 
Vance,  Re  (L.R.A.1917C,  479,  —  Cal.  — ,  162 

Pac.  103) 

Van  Deman  &  L.  Co.,  Rast  v. 
Vanderbilt  v.  Chapman    (L.R.A.1917C,  143. 

—  X.  C.  — ,  90  S.  E.  99.3 ) 
Vanderboget  v.  Campbell  Mill  Co.    (L.R.A. 

1915C,  808,  —  Wash.  — ,  144  Pac. 

905) 

Vanderdoes,  Hageman  v. 
Van  Eman  v.  Mosing  (L.R.A.1917C,  590,  36 

Okla.  555,  129  Pac.  2) 
Vangilder,  Knoxville  R.  &  Light  Co.  v. 
Van    Gorder    v.    Packard    Motor    Car    Co. 

(L.R.A.1917E,  522,  —  Mich.  — ,  162 

X.  W.  107) 
Van  Lonkhuyzen  v.  Daily  News  Co.  (L.R.A. 

1917D,  855,  —  Mich.  — ,  161  X.  W. 

979) 

Vann,  Southern  States  F.  Ins.  Co.  v. 
Van  Ness  v.  Ransom  (L.R.A.191UB.  852.  215 

X.  Y.  557,  109  X.  E.  593) 
Van  Nest  v.  Citizens'  Ins.  Co.  (L.R.A.1916F, 

69.3,  —  Minn.  — ,  158  X.  W.  72.3 « 
Van   Pelt   v.   United   States    (L.R.A.1917E, 

1135,  240  Fed.  346) 
Varney   v.    Curtis    (L.R.A.1916A.    629,    213 

Mass.  309,  100  X.  E.  650) 
Vaughan,  Leonard  v. 

Southern  R.  Co.  v. 
Vaughn  v.  Boyd   (L.R.A.1915A,  694.  —  Ga. 

— ,  82  S.  E.  576) 

V.  D.  Reduction  Co.,  Johnson  v. 
Vennen  v.   New  Dells  Lumber  Co.    (L.R.A. 

1916A,  273,  —  Wis.  — ,  154  X.  W. 

640) 
Ventress  v.  Wallace  (L.R.A.1917A.  071.  Ill 

Miss.  971,  71  So.  636. 
Vermillion  v.  Philadelphia,  B.  &  W.  R.  Co. 

(L.R.A.1916A,  1145,  42  App.  D.  C. 

579) 
Vesper  v.  Grain  Co.  (L.R.A.1915A,  541,  165 

Cal.  36,  130  Pac.  876) 
Vickers  v.  Carey  Co.  (L.R.A.1916C,  1155,  — 

Okla.  — .  151  rac.  102.3) 
Victoria  Lumber  Co.  v.  Wells  <  L.R.A.1916E, 

1110.  —  La.  — .  71  So.  781) 
Victor  Talking  Mach.  Co.,  Straus  v. 
Vidalia  Grocery  Co.,  Edwards  &  Deutsch 

Lithographing  Co.  v. 
Vigil,  Martinez  v. 
Viita    v.    Fleming     CL.R.A.1916D,    644,    — 

Minn.  — .  155  X.  W.  1077) 
Vincent  v.  Haycraft  (L.R.A.1915E,  307,  158 

Ky.  S45,  166  S.  W.  613) 


TABLE  OF  CASKS. 


525 


Vineland  v.  Fowler  Waste  Mfg.  Co.  (L.R.A. 

1915B,   711,  —  X.  J.  — ,  90   Atl. 

1054) 
Vinson  v.  Southern  Bell  Teleph.  &  Teleg. 

Co.   (L.R.A.1915C,  450,  —  Ala.  — , 

66  So.  100) 
Vioue,  Hamilton  v. 
Virginia  Brew.  Co.,  Terrill  v. 
Virginia-Carolina  Chemical  Co.,  Webb  v. 
Virginian  R.  Co.,  Jones  v. 
Virtue    v.    Creamery    Package    Mfg.    Co. 

(L.R.A.1915B,  1179,  123  Minn.  17, 

142  N.  W.  930) 
Vitagraph  Co.,  Binns  v. 
Vitzthum,  Royal  Arcanum  v. 
Vizvari,  New  York,  N.  H.  &  H.  R.  Co.  v. 
Von  Arx  v.  Shafer   (L.R.A.1917F,  427,  241 

Fed.  649) 
Von  Ette,  Re  (L.R.A.1916D,  641,  223  Mass. 

56,  111  N.  E.  696) 

Vosburg,  Atchison,  T.  &  S.  F.  R.  Co.  v. 
Vyverberg,  Bormann  v. 


W. 


Wadden,  Clark  Implement  Co.  v. 
Wade,  Fargo  v. 

v.  Major    (L.R.A.1917E,  633,  36  N.  D. 

331,  162  N.  W.  399) 
Waggoner,  Scott  v. 
Wagner,  Daisey  v. 
Daniels  v. 
v.  Purity  Water  Co.  (L.R.A.1916E,  981, 

241  Pa.  328,  88  Atl.  484) 
v.  Wallowa  County   (L.R.A.1916F,  303, 

76  Or.  453,  148»Pac.  1140) 
Wainwright,  Kirschler  v. 
Waite  v.  Stanley  (L.R.A.1916C,  886,  —  Vt. 

—,92  Atl.  633) 
Walker   v.    Klopp    (L.R.A.1916E,    1292,    99 

Neb.  794,  157  X.  W.  962) 
v.  Portland    Sav.    Bank    (L.R.A.1915E, 

840,  —  Me.  — ,  93  Atl.  1025) 
v.  State  (L.R.A.1915C,  1161,  —  Fla.  — , 

67  So.  94) 
v.  Tillis   (L.R.A.1915A,  654,  —  Ala.  — , 

66  So.  54) 
Walker  Bin  Co.,  Elyria  Savings  &  Bkg.  Co. 

v. 
Wall  v.  Northern  P.  R.  Co.    (L.R.A.1917C, 

433,  —  Mont.  — ,  161  Pac.  518) 
v.  Pfanschmidt   (L.R.A.1915C,  328,  265 

111.  180,  106  N.  E.  785) 
Wallace  v.  Cox  (L.R.A.1917B,  690,  —  Tenn. 

— .  188  S.  W.  611) 
v.  McDaniel   (L.R.A.1916C,  744,  59  Or. 

378,  117  Pac.  314)' 
Patterson  v. 
State  v. 
v.  Tremont  &  G.  R.  Co.  (L.R.A.1917D, 

959,  140  La.  873,  74  So.  179) 
Ventress  v. 
Wallen,  Judge  v. 
Waller,  Selwyn  &  Co.  v. 
Wallin  v.  Johnson  City  Lumber  &  M.  Co. 
(L.R.A.1917B,  323,  —  Tenn.  — ,  188 
S.  W.  577) 
Wallins  Creek  Coal  Co.,  Interstate  Casualty 

Co.  v. 

Wallowa  County,  Wagner  v. 
Wallower,  Cummings  v. 


Walsh,  Lyons  v. 

Walter  v.  Earnhardt  (L.R.A.1916E,  536,  - 
N.  C.  — ,  88  S.  E.  753) 

Walters  Nat.  Bank  v.  Bantock  (L.R.A.1915C, 
531,  41  Okla.  153,  137  Pac.  717) 

Walton  v.  Proutt  (L.R.A.1915D,  917,  —  Ark. 
— ,  174  S.  W.  1152) 

Wambold,  Clark  v. 

Wanamaker,  Rumetsch  v. 

Waples  v.  Marrast  (L.R.A.1917A,  253,  — 
Tex.  — ,  184  S.  W.  180) 

Ward,  Re  (L.R.A.  1916E,  1288,  —  Minn.  — , 
157  N.  W.  1076) 

Ware  v.  Hebbs  (L.R.A.1916F,  276,  222  Mass. 
327,  110  N.  E.  963) 

Warehouse  &  Realty  Co.,  Huetter  v. 

Warm  Springs  Co.  v.  Salt  Lake  City  (L.R.A. 
1917F,  713,  —  Utah,  — ,  165  Pac. 
788) 

Warner,  Flack  v. 

Warner  Elevator  Mfg.  Co.,  Charleston  Hard- 
ware Co.  v. 

Warren  v.  Warren  (L.R.A.1917E,  400,  — 
Fla.  — ,  75  So.  35) 

Wasatch  Orchard  Co.,  Fabian  v. 

Washburn  v.  Gregory  Co.  (L.R.A.1916D,  304, 
125  Minn.  491,  147  N.  W.  706) 

Washed  Sand  &  G.  Co.,  State  v. 

Washington,  District  of  Columbia  v. 
Williams  v. 

Washington  County  Hospital  Asso.  v. 
Hagerstown  Trust  Co.  (L.R.A. 
1915A,  738,  —  Md.  — ,  91  Atl.  787) 

Washington  Engineering  Co.,  United  States 
Rubber  Co.  v. 

Washington  Pav.  Co.  v.  Clausen  (90  Wash. 
450).  See  State  ex  rel.  Washing- 
ton Pav.  Co.  v.  Clausen. 

Washington  Rendering  &  F.  Co.,  Malmo  v. 

Washington  State  Art  Asso.,  Colburn  v. 

Washington  Terminal  Co.,  Richards  v. 

Washington  Water  Power  Co.,  Rampon  v. 

Wasser  v.  Northampton  (L.R.A.1915F,  973, 
249  Pa.  25,  94  Atl.  444) 

Wasson  Piston  Ring  Co.,  Hetzel  v. 

Watch  Hill  Fire  Dist,  Barber  v. 

Water  Co.  v.  Lally  (168  Ky.  348).  See  Louis- 
ville Water  Co.  v.  Lally. 
v.  White    Pine    County    ( —   Xev.   — ). 
See  Ely  Water  Co.  v.  White  Pine 
County. 

Waterman-Waterbury  Co.  v.  School  Dist. 
No.  2  (L.R.A.1915B,  626,  —  Mich. 
— ,  148  N.  W.  673) 

Waters  v.   Taylor   Co.    (L.R.A.1917A,    347, 

218  X.  Y.  248,  112  X.  E.  727) 
v.  Winn   (L.R.A.1915A,  601,  —  Ga.  — , 
82  S.  E.  537) 

Water  Supply  Co.  v.  Barnes  (30  X.  D.  555). 
See  Bismarck  Water  Supply  Co.  v. 
Barnes. 

State  ex  rel.  Otero  De  Burg  v. 
State  ex  rel.  Scotillo  v. 

Watertown  v.  Christnacht  (L.R.A.1917F, 
903,  —  S.  D.  — ,  164  X.  W.  62) 

Waterworks  Co.  v.  Brown  ( —  Ala.  — ). 
See  Birmingham  Waterworks  Cc.  v. 
Brown. 

V.  Hernandez  ( —  Ala.  — ).  See  Birm- 
ingham Water  Works  Co.  v.  Her- 
nandez. 


526 


TABLE  OF  CASES. 


Waterworks    Co.    v.    Railroad    Commission 

(161      Wis.      122).     See     Oshkosh 

Waterworks  Co.  v.  Railroad  Com- 
mission. 
Watkins,  Beaudry  v. 

Chicago,  R.  I.  &  P.  R.  Co.  v. 

v.  Hotel    Tutwiler    Co.     (L.R.A.1917F, 

834,  —  Ala.  — ,  76  So.  302) 
Watson  v.  French    (L.R.A.1915C,  355,   112 

Me.  371,  92  Atl.  290) 
Hampton  v. 
v.  Jersy    City    (L.R.A.1916C,    1106,    84 

X.  J.  L.  422,  86  Atl.  402) 
v.  Lawrence  (L.R.A.1915E,  121,  134  La. 

194,  63  So.  873) 
v.  Mississippi  River  Powar  Co.  (L.R.A. 

1916D,  101,  —  Iowa,  — ,  156  N  .W. 

188) 

Watters,  Button  v. 
Watts,  Whitsel  v. 
Waugh   v.   Dibbens    (L.R.A.1917B,   360,  — 

Okla.  — ,  160  Pac.  589) 
v.  Guthrie  Gas,  L.  F.  &  I.  Co.  (L.R.A. 

1917B,  1253,  37  Okla.  239,  131  Pac. 

174) 

University  of  Mississippi  v. 
Way,  Minnesota,  D.  Cc  P.  R.  Co.  v. 

Owens  v. 
Wayman  v.  Cook  County  (269  111.  27).    See 

Galpin  v.  Chicago. 
Weatherby  v.  Dick  &  Bros.  Quincy  Brewery 

Co.    See  State  ex  rel.  Weatherby  v. 

Dick  Bros.  Quincy  Brewery  Co. 
Weaver  v.  Maxwell  Motor 'Co.  (L.R.A.1916B, 

127(i.  —  Mich.  — ,  152  N.  W.  993) 
Webb  v.  Safe  Deposit  &  T.  Co.    See  People 

ex  rel.  Webb  v.  California  Safe  De- 
posit &  T.  Co. 
Shaw  v. 
v.      Virginia-Carolina      Chemical      Co. 

(L.R.A.1916E,  971,  170  2f.  C.  662, 

87  S.  E.  633) 
Webb  Press  Co.,  Ruge  v. 
Weber  v.  Weber  (L.R.A.1915A,  67,  —  Ark. 

— ,  169  S.  W.  318) 
Weber  Bros.  Shoe  Co.,  Nadel  v. 
Webster  v.  Superior  Ct.    See  State  ex  rel. 

Webster  v.  Superior  Ct. 
Western  &  S.  Life  Ins.  Co.  v. 
Weeghman  v.  Killefer  (L.R.A.1915A,  820,  — 

C.  C.  A.  — ,  215  Fed.  289) 
Weeks  v.  United  States  (L.R.A.1915B,  651, 

—  C.  C.  A.  — ,  216  Fed.  292) 
v.  United  States  (L.R.A.1915B,  834,  232 

U.  S.  383,  58  L.  ed.  652,  34  Sup.  Ct. 

Rep.  341) 
Wehe  v.  Atchison,  T.  &  S.  F.  R.  Co.  (L.R.A. 

1916E,  455,  97  Kan.  794,  156  Pac. 

742) 
Weigell  v.  Gregg  (L.R.A.1916B,  856,  —  Wis. 

— ,  154  X.  W.  645) 
Weightman,  Equitable  L.  Assur.  Soc.  v. 

Wheeler  v. 

Weil,  Standard  Brewing  Co.  v. 
Weiler,  Rains  v. 
Weil,  Roth,  &  Co.  v.  Newbern  (L.R.A.1915A, 

100».  126  Tenn.  223,  148  S.  W.  680) 
Weiner,  People  v. 
Weinstein,  State  v. 
Weisman,  Godley  v. 
Weitlauf,  Paducah  Traction  Co.  T. 


Welch   v.   Maryland   Casualty   Co.    (L.R.A. 

1915E,  708,  —  Okla.  — ,  147  Pac. 

1046) 
Welch    Putx    Co.    v.    Johnson    Realty    Co. 

(L.R.A.1917A,  200,  —  W.   Va.  — , 

89  S.  E.  707) 

Welda  State  Bank,  Benjamin  v. 
Wells,  Clark  v. 
Fire  Asso.  v. 
v.  Hansen    (L.R.A.1916F,  97  Kan.  305, 

154  Pac.  1033) 
Victoria  Lumber  Co.  v. 
Wells  &  D.  Co.,  Hodson  v. 
Wells  Fargo  &  Co.  v.  Johnson  iL.R.A.1916C, 

522,  130  C.  C.  A.  528,  214  Fed.  180) 
Welsh  v.  Spokane  &  I.  E.  R.  Co.    (L.K.A. 

1916F,  484,  —  Wash.  — ,  157  1'ae. 

679) 

Welshman,  Delaware,  L.  &  W.  R.  Co.  v. 
West  v.  Florida  Coast  Line  Canal  &  Transp. 

Co.     See    State    ex    rel.    \\  • 

Florida  Coast  Line  Canal  &  Transp. 

Co. 
v.  McCafferty.     See  State  ex  rel.  West 

v.  McCaflerty. 
v.  State    (L.R.A.1917E,  1129,  —  Okla. 

Crim.  Rep.  — ,  164  Pac.  327 ) 
Western  &  Southern  L.  Ins.  Co.,  Gibson  v. 
v.  Webster  (L.R.A.1917B,  375,  172  Ky. 

444,  189  S.  W.  429) 

Western    Canada    Colonization   Co.,   Wood- 
ward v. 
Western  Casualty  &  G.  Ins.  Co.  v.  Muskogee 

County  (L.R.A.1917B,  977,  —  Okla. 

— ,  159  Pac.  655) 

Western  Empire  Land  Co.,  Hokanson  v. 
Western    Mortg.    gc    Warranty    Title    Co.,. 

Holter  Hardware  Co.  v. 
Western  M.  R.  Co.,  Clark  Distilling  Co.  v. 
Western  Steel  &  I.  Works,  Hall  Mfg.  Co.  v. 
Western  U.  Teleg.  Co.  v.  Dant  (L.R.A.1915B, 

685,  42  App.  D.  C.  398) 
v.  McLaurin  (L.R.A.1915C,  487,  —  Miss. 

— ,  66  So.  739) 
Phillips  v. 
Portland  v. 

State  Bank  of  Commerce  v. 
West  Penn  Rys.  Co.,  Green  v. 
West  Virginia  v.  Adams  Exp.  Co.    (L.R.A. 

1916C,  291,  135  C.  C.  A.  464,  219- 

Fed.  794) 

Wetzel,  McDaniel  v. 
Whaley,  Clyde  S.  S.  Co.  v. 
What  Cheer  Stables  Co.,  Carroll  v. 
Wheeler  v.  Laurel  Bottling  Works   (L.TJ.A. 

1916E,   1074,   —   Miss.   — ,   71   So. 

743) 

Leighton  v. 
v.  McStay  (L.R.A.1915B,  181,  160  Iowa, 

745.  141  X.  W.  404) 
v.  Weightman    (L.R.A.1916A,    846,    96 

Kan.  50,  149  Pac.  H77) 
Wheeler-Stenzel   Co.   v.   American   Window 

Glass  Co.    (L.R.A.1915F,  1076,  202 

Mass.  471,  89  X.  E.  28) 
Wheeling     v.     Bryan     (L.R.A.1915F,     1219, 

—  W.  Va.  — .  86  S.  E.  8) 
Whelan    v.    Adams    (L.R.A.1915D,    551,    — 

Okla.  — ,  145  Pac.  158) 
Whipple  v.   Rosenstock    (L.R.A.101CD,  940r 

—  Neb.  — .  155  X.  W.  898) 
Whisman,  State  ex  rel.  Richards  v. 


TABLE  OF  CASES. 


527 


Wbitall-Tatum  Co.,  Brest  v. 

Whitcomb  v.  Brant  (L.K.A.1917D,  COO,  —  X. 

J.  — ,  100  Atl.  175) 
White,  Calloway  v. 

v.  Connecticut    Co.    (L.R.A.1915C,    609, 

88  Conn.  614,  92  Atl.  411) 
County  Ct.  of  Wyoming  County  v. 
v.  Harbeson  (L.R.A.1916D,  1129,  —  Ky. 

— ,  183  S.  W.  475) 
Henry  v. 

New  York  C.  R.  Co.  v. 
v.  Old  (LJR.A.1916F,  787,  113  Va.  709, 

75  S.  E.  182) 
v.  Smith    (L.R.A.1017D,  596,   87  Conn. 

CG3,  89  Atl.  272) 
Taylor  v. 
v.  White    (L.R.A.1917D,  639,  —  N.  J. 

— ,  100  Atl.  235) 
v.  Winter  (L.R.A.1917F,  618,  46  App.  D. 

C.  355) 

White  &  Co.,  Astor  Trust  Co.  v. 
Whitehall  Cement  Mfg.  Co.,  Mulchanock  v. 
Whitehouse,  H.  T.  &  C.  Co.  v. 
Whitener-London  Realty  Co.,  Neas.  v. 
White  Oak  Stave  Co.,  Rusmisell  v. 
White  Pine  County,  Ely  Water  Co.  v. 
Whitley  v.   Meador    (L.R.A.1917D,   736,  — 

Tenn.  — ,  192  S.  W.  718) 
Spokane  &  I.  E.  R.  Co.  v. 
Whitman    v.    Seaboard    Air    Line    R.    Co. 

(L.R.A.1917F,  717,  —  S.  C.  — ,  92  S. 

E.  861) 
Whitney  v.  Bissell  (L.R.A.1915D,  257,  —  Or. 

— ,  146  Pac.  141) 
Whitney  Co.,  Sally  v. 
Whitsel  v.  Watts     (L.R.A.1917A,    708,    98 

Kan.  508,  159  Pac.  401) 
Whittet  v.  Bertsch  (L.R.A.1916E,  710,  —  R. 

I.  — ,  97  Atl.  18) 
Whittle,  Southern  Exp.  Co.  v. 
Whittlesey  v.   Seattle    (L.R.A.1917D,   1084, 

-  Wash.  — ,  163  Pac.  193) 
Wichita,  Blakeman  v. 
Desser  v. 
Hibbard  v. 

Wichita  M.  V.  R.  Co.,  Bales  v. 
Wicht,  Hunt  v. 
Wick  v.  Beck  (L.R.A.1915F,  1162,  —  Iowa, 

— ,  153  N.  W.  836) 
Wickstrom,  Ransom  v. 
Wiese,  Re    (L.R.A.1915E,  832,  —  Neb.  — , 

153  N.  W.  556) 
Wiesner    v.    Bonners    Ferry    Lumber    Co. 

(L.R.A.1917C,   328,   29   Idaho,   526, 

160  Pac.  647) 
Wightman,  Brown  v. 
Wiig  v.  American    Ins.    Co.      See    Wiig  v. 

Girard  Fire  &  M.  Ins.  Co. 
v.  Girard  Fire  &  M.   Ins.   Co.    (L.R.A. 

1917F,  1061,  100  Xeb.  271,  159  N. 

W.  416) 
Wilberding  v.  Miller  (L.R.A.1916A.  718,  88 

Ohio  St.  609,  106  X.  E.  665) 
Wilder,  Aurora  v. 
Wile  v.  Northern  P.  R.  Co.    (L.R.A.1916C, 

355.  72  Wash.  82,  129  Pac.  889) 
Wiley,  Hurless  v. 
Wilhelm  v.  Missouri,  0.  &  G.  R.  Co.  (L.R.A. 

lOlGC,  1029.  —  Okla.  — ,  152  Pae. 

108S) 
Wilkerson  v.  Myatt-Dicks  Motor  Co.  (L.R.A. 

1915E,  439,  136  La.  977,  68  So.  96) 


Wilkes-Barre    Anthracite    Coal    Co.,    Alex- 
ander v. 
Wilkins  v.   Hlllman    (L.R.A.1915D,  249,  — 

Okla.  — ,  145  Pac.  1111) 
Wilkinson,  Grinnell  v. 

Sawyer  v. 

Willett,  Board  of  County  Comrs.  v. 
Williams,  Re  (L.R.A.1917C,  602,  —  Nev.  — , 

161  Pac.  741) 
Bordwell  v. 

v.  Boston  Wharf  Co.    See  Hecht  v.  Bos- 
ton Wharf  Co. 
v.  Dugan  (L.R.A.1916C,  110,  217  Mass. 

526,  105  X.  E.  615) 
Early  Co.  v. 
v.  Fidelity  Bkg.  &  T.  Co.    See  Morrisey 

v.  Williams. 
v.  Johnson      (L.R.A.1916E,     217,     177 

Mich.  500,  143  X.  W.  627) 
Louisville  &  N.  R.  Co.  v. 
McCormack  v. 
Missio  v. 
Morrisey  v. 

Northwestern  Marble  &  Tile  Co.  v. 
Roden  v. 
v.  Seaboard  A.  L.  R.  Co.  (L.R.A.1916F, 

1219,  163  X.  C.  290,  79  S.  E.  601) 
v.  Stanton      Common      School      Dist. 
(L.R.A.1917D,  453, 173  Ky.  708,  191 
S.  W.  507) 
v.  State    (L.R.A.1917B,    586,   125   Ark. 

287,  188  S.  W.  826) 

v.  Sullivan.      See    State   Bar  Commis- 
sion ex  rel.  Williams  v.  Sullivan. 
v.  Washington    (L.R.A.1915A,    325,   — 

Ga.  — ,  82  S.  E.  656) 
Williamson,  Southern  Exp.  Co.  v. 

United  Fuel  Gas  Co.  v. 
Willis  v.  Monfort  (—  Wash.  — ).    See  State 

ex  rel.  Willis  v.  Monfort. 
Union  Acci.  Co.  v. 
Willmon  v.  Koyer  (L.R.A.1915B,  961,  —  Cal. 

— ,  143  Pac.  694) 
Wills  v.  Wills  (L.R.A.1915B,  770,  —  W.  Va. 

— ,  82  S.  E.  1092) 

Wilmes  v.   Chicago   G.   W.   R.   Co.    (L.R.A. 
1917F,  1024,  175  Iowa,  101,  156  X. 
W.  877) 
Wilson,  Brown  v. 

v.  Gevurtz    (L.R.A.1917D,    575,   —   Or. 

— ,  163  Pac.  86) 
v.  Hotchkiss     (L.R.A.1916F,    389,    171 

Cal.  617,  154  Pac.  1) 
Liggett  Co.  v. 
Miller  v. 

v.  New    (L.R.A.1917E,   938,   243  IJ.    S. 
332,  61  L.  ed.  755,  37  Sup.  Ct.  Rep. 
298) 
v.  Northern    P.    R.    Co.    (L.R.A.1915E, 

991,  30  X.  D.  456,  153  X.  W.  429) 
Wilton   v.   Spokane    (L.R.A.1917D,  234,  73 

Wash.  619,  132  Pac.  404) 
Winding  v.  Frear.    See  State  ex  rel.  Bolen* 

v.  Frear. 

Winkelman,  Hughes  v. 
Winn  v.  Anderson    (L.R.A.1915C,  581,   161 

Ky.  18,  170  S.  W.  213) 
Waters  v. 
Winston  v.  Moore   (L.R.A.1915A,  1190,  244 

Pa.  447.  91  Atl.  520) 
Winston-Salem,  Crotts  y. 


528 


TABLE  OF  CASES. 


Winston-Salem  South-Bound  R.  Co.,  Bennett 

v. 
Winter  v.  American  Radiator  Co.    (L.R.A. 

1915D,  476,  128  Minn.  508,  151  N. 

W.  277) 
White  v. 

Winters,  McFarlane  v. 
Wisconsin  Brick  Co.  v.  National  Surety  Co. 

(L.R.A.1917C,   912,   164    Wis.    585, 

160  N.  W.  1044). 

Wisconsin  Teleph.  Co.  v.  Railroad  Commis- 
sion   (L.R.A.1916E,   748,   162   Wis. 

383,  P.U.R.1916D,  212,  156  N.  W. 

614) 

Wise,  Sanders  v. 
Wisner,  Stonerook  v. 
Wissmath  Packing  Co.  v.  Mississippi  River 

Power    Co.    (L.R.A.1917F,    790,   — 

Iowa,  — ,  162  N.  W.  846) 
Witherspoon-Englar  Co.,  Ruth  v. 
Withycombe  v.  Stannard.    See  State  ex  rel. 

Withycombe  v.  Stannard. 
Witte  v.  Haben  (L.R.A.1916C,  228,  —  Minn. 

— ,  154  N.  W.  662) 
Wohletz,  Kiler  v. 
Wolcott  School  Asso.,  Pitcher  v. 
Wolfe,  Hutchins  v. 
Wolfer,  State  ex  rel.  Murphy  v. 
Wolff  v.  Shreveport   Gas,  E.  L.  &  P.  Co. 

(L.R.A.1916D,    1138,    138    La.   743, 

70  So.  789) 

Woltmann,  Manchester  v. 
Wolverine  Oil  Co.,  Re  (L.R.A.1916F,  141,  — 

Okla.  — ,  154  Pac.  362) 
Wood  v.  Detroit  (L.R.A.1916C,  388,  —  Mich. 

— ,  155  N.  W.  592) 
v.  Home    Nat.    Bank.     See'  Ballard   v. 

Home  Xat.  Bank. 
v.  Krepps    (L.R.A.1915B,    851,    —   Car. 

— .  143  Pac.  691) 
v.  McCook     Waterworks    Co.     (L.R.A. 

1915C,  125,  —  Xeb.  — ,  149  N.  W. 

417) 
v.  Sloan    (L.R.A.1915E,  766,  —  N.  M. 

— ,  148  Pac:  507 ) 
v.  Wood   (L.R.A.1916C,  251,  —  Or.  — , 

151  Pac.  969) 
Woodburn  v.  Public  Service   Com.    (L.R.A. 

1917C.  98,  82  Or.  114,  161  Pac.  391) 
Woodle  v.  Settlemyer  (L.R.A.1915A,  839,  — 

Or.  — ,  141  Pac.  205) 
Woodmen  of  the  World  v.  Jackson  (L.R.A. 

1916F,  166,  —  Okla.  — ,  157  Pac. 

92) 

McLaughlin  v. 
Woodruff  v.  Piedmont    Trust    Co.    (L.R.A. 

1917E,  897,  —  X.  C.  — ,  92  S.  E. 

496) 
Woods  v.  Clements   (L.R.A.1917E,  357,  113 

Miss.  720,  74  So.  422) 
v.  State   (L.R.A.1015F,  531,  130  Tenn. 

100,  169  S.  W.  558) 
v.  Tupelo    (L.R.A.1917B,  344,  —  Miss. 

— ,  72  So.  879) 
Woods-Egan    Live    Stock    Com.    v.    Hicks 

(L.R.A.1915A,   1132,   92   Kan.   922, 

142  Pac.  276) 
Woodward  v.  Livermore  Falls  Water  Dist. 

(L.R.A.1917D,  678,  —  Me.  — ,  100 

Atl.  317) 
Ockerman  v. 


Woodward  v.  Southern  R.  Co.  (L.R.A.1915C, 

477,  —  S.  C.  — ,  83  S.  E.  591) 
v.  Western    Canada    Colonization    Co. 
(L.R.A.1917C,    270,    -  -    Minn.    — , 
158  N.  W.  706) 
Wooldridge  v.  Morehead.    So-  State  ex  reL 

Wooldridge  v.  Morehead. 
Woolfson    v.    Mead    (L.R.A.1915A,    396,   — 

Xeb.  — ,  148  N.  W.  153) 
Woollcott  v.  Shubert  (L.R.A.1916E,  248,  217 

N.  Y.  212,  111  X.  E.  829) 
Workmen's    Compensation    Bd.,    Kentucky 

State  Journal  Co.  v. 
Worthington  v.  District  Ct    (L.R.A.1916A, 

696,  —  Xev.  — ,  142  Pac.  230) 
Wright,  Bixler  v. 
Fuller  v. 

v.  Georgia  Southern  &  F.  R.  Co.  (L.R.A. 
1916E,   1134,   66   Fla.    510,   63   So. 
909) 
v.  Howe    (L.R.A.1916B,  1104,  —  Utah, 

— ,  150  Pac.  956) 
v.  May    (L.R.A.1915B,    151,    127    Minn. 

150,  149  X.  W.  9) 
v.  Pfrimmer  (L.R.A.1917A,  323,  99  Xeb. 

447,  156  X.  W.  1060) 
v.  Selden-Breck     Constr.     Co.     (L.R  A. 
1915E,  740,  97  Neb.  840,  151  X.  W. 
926) 
Wyman,  York  v. 


Y. 


Yakima  Valley  Canal  Co.,  Berg  v. 
Yates   Center  Nat.   Bank   v.   Allen    (L.R.A. 
1915A,  100,  92  Kan.  481,  141  Pac. 
553) 

Yawger  v.  American  Surety  Co.  (L.R.A. 
1915D,  481,  212  N.  Y.  292,  106  N. 
E.  64) 

Yazoo  &  M.  V.  R.  Co.  v.  Crawford  (L.R.A. 
1915C,  250,  —  Miss.  — ,  65  So.  462) 
Crout  v. 
v.  Scott  (L.R.A.1915E,  239,  —  Miss.  — , 

67  So.  491) 
Yearby,  Edwards  v. 
Yoder,  State  v. 

Yoncalla  State  Bank  v.  Gemmill  (L.R.A. 
1917A,  1223,  —  Minn.  — ,  159  N. 
W.  798) 

Yonkers,  Murphy  v. 
York,  Smallwood  v. 

v.  Wyman    (L.R.A.1917B,   246,  —  Me. 

— ,  98  Atl.  1024) 
York  Mfg.  Co.,  Hight  v. 
Yorkville,  Parish  v. 
Yorkville  Bank,  Bischoff  v. 
Yost  Pie  Co.,  Parks  v. 
Young,  Central  R.  Co.  v. 
Kennedy  v. 

Ocklawaha  River  Farms  Co.  v. 
Perry  v. 
Pinson  v. 

Young   Men's   Christian   Asso.   v.    Olds   Co. 
(L.R.A.1917F,  1132,  84  Wash.  630, 
147  Pac.  406) 
v.  Parish   (L.R.A.1916D,  272,  —  Wash. 

— ,  154  Pac.  785) 

v.  United  States  Fidelity  &  G.  Co. 
(L.R.A.1915C,  170,  90  Kan.  332,  133 
Pac.  894) 


TABLE  OF  CASES. 


529 


Youngsville  Sugar  Factory,  Barr  v. 
Younker  v.  McCutchen    (L.R.A.1917B,  949, 

—  Iowa,  — ,  159  N.  W.  441) 
Yount    v.    Hoover    (L.R.A.1915F,    1120,    95 

Kan.  752,  149  Pac.  408) 

Z. 

Zabriskie  v.  Erie  R.  Co.  (L.R.A.1916A,  315, 

86  N.  J.  L.  266,  92  Atl.  385) 
Zappala  v.  Industrial    Ins.    Com.     (L.R.A. 

1916A,  295,  82  Wash.  314,  144  Pac. 

54) 
Zebold  v.  Hurst  (L.R.A.1917F,  579,  —  Okla. 

— ,  166  Pac.  99) 

L.R.A,  Tri.  Index  1915-17.— 34. 


Zeller,  State  v. 

Zetler  v.  Tonopah  &  G.  R.  Co.  (L.R.A.1916A, 

1270,  35  Nev.  381,  129  Pac.  299) 
Zielinski   v.    Potter    (L.R.A.1917D,   822,  — 

Mich.  — ,  161  N.  W.  851) 
Zigman  v.  Beebe  &  Runyan  Furniture  Co. 

(L.R.A.1915D,  536,  97  Neb.  689,  151 

N.  W.  166) 
Zinc  Co.  v.  Smith   (128    Tenn.    447).      See 

American  Zinc  Co.  v.  Smith. 
Zinc    Corporation    v.    Hirsch    (L.R.A.1917C 

650,  [1916]  1  K.  B.  541) 
Zinn  v.  Sidler  (L.R.A.1917A,  455,  —  Mo.  — , 

187  S.  W.  1172) 


TABLE  OF 
SUPPLEMENTED  L.R.A.  NOTES. 


In  the  first  column  of  this  table,  arranged  in  order  of  volumes  and  pages, 
will  be  found  those  L.R.A.  notes  that  have  been  afterwards  supplemented 
in  volumes  prior  to  L.R.A.1917A,  and  opposite  them,  in  the  parallel  col- 
umn, appear  the  supplementary  notes. 

In  every  instance,  whether  all  or  only  part  of  a  note  has  been  supple- 
mented, the  initial  page  of  that  note  appears  in  proper  sequence  in  the 
left  hand  column.  Figures  in  parenthesis  following  the  initial  page,  on 
the  same  line  or  on  the  next  indented  line,  refer  to  a  later  page  of  the  same 
note  and  indicate  that  only  the  part  or  subdivision  of  the  note  which  begins 
on  that  page  is  supplemented  by  the  corresponding  note  in  the  right  hand 
column.  In  a  few  instances,  a  word  or  phrase  in  parenthesis  has  been  used 
to  indicate  the  part  of  the  note  that  has  been  supplemented. 

In  the  second  column  the  colon  between  the  volume  and  page  numbers 
represents  the  letters  "L.R.A." 

This  table  is  for  quick  reference  by  one  who  is  using  any  L.R.A.  note 
and  wishes  to  know  on  the  instant  whether  or  not  it  has  been  supplemented 
later.  It  is  not  in  any  sense  a  substitute  for  the  Index  to  Notes.  In  addi- 
tion to  annotation  which  specifically  supplements  an  earlier  note,  other 
kindred,  collateral,  or  closely  related  annotations  may  be  found  in  the  Index 
to  Notes  which  will  prove  very  valuable. 


1  L.R.A. 

131 13:  374. 

143  (145) 17:  130. 

19:  53. 

191  (192) 4 

285 20 

432..          12 


717. 
765. 
73. 


2  L.R.A. 

129  (130) 19:(N.S.)273. 

153  (154) 14:  264. 

366 19:  339. 

285 14:  300 

20:  635. 

350 16:  60. 

520  (521) 36:(N.S.)547. 

688  (670) 12:  161. 

27:(X.S.)62. 

733  (734) 4:  717. 

798  (801) 16:  730. 

825 33:  (X.S.)606. 

844 54:231. 

45:(X.S.)982. 


3  L.R.A. 

174  (175)  

17:474.   V 

224  

14:  193. 

230  

18:  171. 

19:  700. 

247  

14:  371. 

385  

17:  79. 

609  

12:  486. 

4  L.R.A. 

33  (41)  

67:  33. 

34:(N.S.)261. 

38:(N.S.)40. 

51  

13:  374. 

117  

27:(N.S.)1158. 

30:(N.S.)914. 

209  

59:  90. 

555  

14:  721. 

572  

12:  486. 

680  

14:  193. 

738  

12:  161. 

27:(N.S.)62. 

531 


532 


TABLE  OF  SUPPLEMENTED  L.R.A.  JNUTKS. 


4  L.R.A.—  cont'd. 

785  (791)  .............  12:  220. 

13:(N.S.)197. 
793  ...................  18:  792. 

850(851)  .............  16:  819. 

5  L.R.A. 

143  (144)  .............  20:  (N.S.)689. 

253  (255)  .............  20:(N.S.)689. 

270  (273)  .............  17:211. 

276  (289)  .............  23:  131. 

759  (760)  .............  24:  231.  x 

765  ...................  22:  808. 

817  (818)  .............  18:  105. 

6  L.R.A. 

33  (35)  ..............  17:  273. 

(45,46)  ............  17:  272. 

(47)  ...............  17:270. 

75(76)  ..............  13:  374. 

161  (162)  .............  5:  (N.S.)340. 

167  ...................  27:(N.S.)25. 

545  ...................  17:  79. 

579  ...................  13:  107. 

610(611)  .............  25:  275. 

621  ...................  21:  789. 

788  ...................  14:  230. 

30:(N.S.)319. 
43:(N.S.)97. 
813  ...................  3  :  (N.S.)  334. 

4:(N.S.)366. 
838  ...................  17:  272. 

7  L.R.A. 

327  ...................  39  :  (N.S.)  844. 

498  ...................  14:  193. 

500  .............  :  .....  18:  792. 

765  ...................  14:  69. 

826  ...................  25:  566. 

8  L.R.A. 

414  ...................  14:  862. 

443  18  •  79 

490  (491)  ...'."..'.'.'..'...  1:(X.S.)279. 

494  (495)  .............  17:  79. 

640(643)  .............  17:  130. 

19:53. 
687  ...................  25:  566. 

9  L.R.A. 

69  ...................  24:  584. 

140(143)  .............  2:(X.S.)1052, 

1063. 

41:(N.S.)695. 
321  ...................  36  :  (X.S.J547. 

589  ...................  14:  r,7!>. 

593  ...................  16:  526. 

10  L.R.A. 

129  ...................  14:  585. 

60:  330. 
178  (180)  .............  20:(N.S.)689. 

193  (194)  .............  14:  268. 


366  ...................  41:  (Nr.S.)683. 

1916B,  827. 
369  ...................  36  :  (N.S.)464. 

401  ...................  17:  270. 

411  ...................  16:  6(58. 

473  (476)  .............  20:  (X.S.)689. 

507  (508)  .............  21:  550. 

550..  ..51:863. 


10  L.R.A. — cont'd. 

653 17:  79. 

676(677) 17:  326. 

(679) 17:  328. 

734  (738) 20:(N.S.)C39. 

816 15:  (N.S.)73. 

11  L.R.A. 

43  (50) 47:  33. 

39:(N.S.)487. 

63 14:  193. 

185 ; 15 :  (N.S.) 73. 

285 22:  (N.S.)35. 

•  305 27 :  (X.S.)  1158. 

30:(N.S.)914. 

460 25:  291. 

634 14:  370. 

14:  381. 

15:  377. 
684  (686) 18:  171. 

19:  700. 

687 2:  (N.S.)285. 

817 41 :  (X.S.) 730. 

839 21:  217. 

845  (847) 20:  765. 

12  L.R.A. 

140 36:  539. 

161 27:(NJS.)62. 

168 20:  765. 

205 22:  372. 

220 13 :  (X.S.)197. 

'  342 ,..13:  374. 

781  (783) 45:  394. 

810 22:  808. 

13  L.R.A. 

177 17:  243. 

36:(X.S.)881. 
217 14:  69. 

14:  (X.S.)  112. 
(legislative  power)  .16:  695. 

388 47 :  (X.S.)668. 

712 32:  43. 

721 38:  208. 

5:(X.S.)415. 

27:  (X.S.) 532. 

761 47:  820. 

796  (797) 49:  156. 

844 2:(N.S.)152. 

14  L.R.A. 

69 14:(X.S.)112. 

78 20:  (X.S.)58. 

103 7 :  (X.S.)617. 

128 19:  206. 

47:(X.S.)811. 
138 27:(X.S.)92. 

44:(X.S.)164. 

151  (156) 26:  802. 

160 26:  (X.S.)1126. 

1916D,  1063. 

208 13:(X.S.)1141. 

230 30:  (X.S.)319. 

43:(X.S.)97. 

268 15 :  (X.S.) 711. 

300 20:  635. 

325 17:  853. 

21:  798. 

370 36:  (X.S.)  1115. 

381 15:  377. 

386 60:  496. 


TABLE  OF  SUPPLEMENTED  L.K.A.  XOTES. 


533 


14  L.R.A.— cont'd. 

459 1915D,  458. 

466 23:  (N.S.)463. 

1915E,  936. 
540 16:  (N.S.)98. 

34:(N.S.)940. 

1915E,  186. 

548 18:  449. 

556  (560) 19:  643. 

685 1915B,  770. 

690  (692,  693) 1915D,  982. 

733 8:(X.S.)656. 

737  (738) 4:  (N.S.)485. 

32:(N.S.)1201. 

1915E,  668. 
(740) .'..21:297. 

23:(N.S.)1056. 

745 1916E,68. 

781 4:(X.S.)80. 

16:(N.S.)H29. 

791 27:  195. 

(792) 44:  795. 

792 15:  783. 

828  (830) 65:  753. 

65:  854. 

15  L.R.A. 

33  (35) 13:(N.S.)601. 

29:(X.S.)808. 

1916C,  364. 

93 43:  (X.S.)824. 

160 10:  (X.S.)177. 

21:(X.S.)178.- 

39:  (X.S.)  744. 

19170,1153. 

190 .52:  (N.S.)369. 

.   249 40: 510,  519. 

19:(N.S.)835. 

28:(N.S.)673. 

19150,359. 

296  (298) 66:  51. 

347 19150,664. 

395  (396) 43:  (X.S.)207. 

413 37:(N.S.)281. 

456 • 18:  456. 

459 21 :  (N.S.)977. 

487 16:  (X.S.)193. 

509 43:  (X.S.)565. 

531 7:(N.S.)582. 

40:  (X.S.) 585. 

1916D,  1276. 

542 59:  181. 

583  (585,  amount) 56:  312. 

(585,  party) 56:  211. 

18:(N.S.)1252. 
612 19:  658. 

11:(N.S.)930. 

28:(N.S.)757. 

37:(N.S.)1115. 

635 17:  (N.S.)1126. 

717 21:(N.S.)277. 

32:(N.S.)940. 

1917F,  861. 

722 14:  (X.S.)556. 

781 4:(N.S.)629. 

44:(N.S.)68. 
860 29:  (N.S.)183. 

16  L.R.A. 

49 40:(N.S.)279. 

91 50:(N.S.)42. 

205 48 :  (X.S.)  652. 


16  L.R.A.— cont'd. 

268  (269) 17:  71. 

395 16:  (N.S.)621. 

468 41 :  (N.S.)230. 

497 59:  146. 

38:(X.S.)297. 

516 39:(X.S.)847. 

547 28:  849. 

578 24:(X.S.)160. 

600 36:  (N.S.)354. 

1915D,  204. 
627 2:(X.S.)105. 

32:(X.S.)1206. 
646 5 :  (X.S.) 860. 

23:  (X.S.) 500. 

677 15:(X.S.)674. 

745 4 :  (X.S.)427. 

33:(N.S.)883. 

1915A,  521. 

17  L.R.A. 

81  (82) 14:(X.S.)431. 

129  (130) 19:  53. 

188 17:(X.S.)108. 

225 47:(X.S.)309. 

243  (245) .36:(X.S.)882. 

254 14:  (X.S.)998. 

31:(X.S.)667. 
1915D,  962. 

275 41:  (X.S.)430. 

(276) 21:  213,222. 

296 35:  (X.S.)  1210. 

49:  (X.S.)  1108. 

330 28:  (X.S.)1124. 

435 8:(X.S.)117. 

33:  (X.S.)  139. 

474  (477) 36:  (X.S.)709, 

718. 

(480,  pipes) 7:(X.S.)506. 

(480,  poles) 24:  721. 

494 36:  724,733. 

549.... 19160,196. 

691 18:  (X.S.)427. 

705 39 :  745.  • 

779 1917D,  450. 

792 12:  (X.S.)310. 

853 21:  789,798. 

18  L.R.A. 

45 5:(X.S.)680. 

46:(X.S.)990. 

1917D,  442. 

63 19160,1033. 

75  (77) 26:  (X.S.)  1180. 

100 20:  (X.S.)742. 

166 68 :  699. 

15:(X.S.)49. 

170  (171) 19:  700. 

224  27:(X.S.)461¥ 

275 1916E,  1282. 

305 30:(X.S.)85. 

375 1916E,650. 

449  (450) 28:(X.S.)66. 

19160, 1109. 

473  (476) 39:  (X.S.)967. 

481  (482) 21:(X.S.)442. 

491  (492) 26:  (X.S.)614. 

582  (584) 29:  845. 

604 36:  (N.S.)1181. 

695 42:  175. 

19160, 150. 


534 


TABLE  OF  SUPPLEMENTED  L.R.A:  NOTES. 


19  L.R.A. 

92 64:  236. 

17:(N.S.)650. 

23:(N.S.)331. 

25:(N.S.)465. 

37:(N.S.)193. 

1915A,  369. 

99 17 :  (N.S.)648. 

141 21:  796. 

65:  38. 

12:(N.S.)1130. 

26:(N.S.)242. 

35:(N.S.)628. 

40:  (X.S.) 893. 

177 42:(N.S.)877. 

206 47 :  (N.S.)811. 

211 51 :  (N.S.)1048. 

222  (225) 60:  331. 

289 50:  (N.S.)1197. 

316 49:  203. 

15:(N.S.)687. 

331 41:  (N.S.)187. 

342 1915F,  1093. 

371 30:  (N.S.)278. 

452 1:  (N.S.)665. 

577 67:  209. 

3:(X.S.)608. 

20:  (X.S.)  264. 

1915F, 880. 

(580) 36:  582. 

594 38:  (X.S.)474. 

653 11:  (X.S.)930. 

18:(N.S.)244. 

28:  (X.S.)  757. 

37:(N.S.)1115. 

52:(X.S.)91. 

665 1915A.400. 

689 16:  (N.S.)794. 

721 13:  (X.S.)278. 

775  (false  pretenses) . .  .49:  (X.S.)835, 

837. 
792 64:  119. 

51:(N.S.)907. 

814 59:  162. 

858. 39:  672. 

/  25:(N.S.)251. 

20  L.R.A. 

101 25:  (N.S.)1194. 

342 4:(N.S.)1121. 

391 15 :  (X.S.)657. 

434 22:  181. 

3.->:  C36. 

487 inif>C,  158. 

538 16 :  (X.S.)  1006. 

668 32:  236. 

737 31:(X.S.)636. 

785 11:  (X.S.)1018. 

21:  (X.S.)  1005. 

1917A,  719. 
• 

21  L.R.A. 

33  (48) 69:  42. 

71 25:(X.S.)267. 

76 18:  (X.S.)320. 

84 2:(X.S.)631. 

25:(X.S.)193. 
34:  (X.S.) 454. 

146 43:(X.S.)634. 

169 1915F.  587. 

174 42:(X.S.)799. 

206 1:(X.S.)474. 


21  L.R.A.— cont'd. 

233 16 :  (N.S.)  746. 

28:(N.S.)615. 

255 36:  (N.S.)l'->4. 

265 20:(N.S.)(i..'i. 

289 9:  (N.S.)407. 

41:(X.S.)799. 

1915B,  621. 
289(295) 5:(N.S.)1012. 

38:(N.8.)259. 

(297) 23:(X.S.)1056. 

354 22:  (X.S.)741. 

1915C,  181. 

355 29:  (X.S.)846. 

358 24:  711. 

22:(X.S.)742, 
755. 

471 67:  33,60. 

485 21:(X.S.r-^i; 

502 31:  (VS.,  !:;•_>. 

50:  (X.S.)  1040. 

(511) 31:(X.S.)138. 

623  (629) 23:  (X.S.)1124. 

662 27:(Vv 

1915B,247. 

729 46:(X.S.)3. 

776 25:  (X.S.)257. 

1917B,  786. 
789  (796) 65:  38. 

12:(X.S.)1130. 

26:(N.S.)242. 

35:(X.S.)628. 

40:  (X.S.) 893. 
(797) 28:  344. 

15:(X.S.)350. 

27:(X.S.)255. 

35:(N.S.)549. 
829 33 :  (X.S.)  923. 

22  L.R.A. 

148  (149) 1916D,  132. 

187 15 :  (X.S.)868. 

31:(N.S.)783. 

34:  (X.S.) 737. 

(189) : . . .  15:  (X.S.)856. 

(195) 15:  (X.S.)884. 

1917F,472. 
233 43 :  (X.S.)262. 

1917C,  236. 
256  (257) 30:  (X.S.)l. 

46:  (X.S.)  1096. 

415  (428) 30: (X.S.)68. 

460 8:(N.S.)656. 

536 8:(X.S.)350. 

(540) 23:  158. 

561 6:  (X.S.)905. 

34:  (X.S.)  118. 

1916B,  947. 

594 30:  317. 

649 13:  (X.S.)820. 

663 13:  (X.S.)561. 

43:  (X.S.)  187. 

1916F,1126. 

794 31 :  (X.S.)632. 

824 r^.-.(  X.S. >  142. 

1916B,  1186. 


23  L.R.A. 
33 

(44)  . 
120  (124) 


.6.-):  3f)3. 
.('..-,:  .302. 
.1C:  (X.S.) 233. 


TABLE  OF  SUPPLEMENTED  L.R.A.  KOTES. 


535 


23  L.R.A.—  cont'd. 

146  ...................  61:  05. 


21:  (X.S.)  1021. 

36:(N.S.)1045. 

52:(N.S.)402. 
157  ...................  26:  198. 

215  ...................  40:  (N.S.)168. 

239  ...................  16:  (N.S.)114. 

301  (303)  .............  36:  (N.S.)812. 

313  ...................  25:(N.S.)394. 

325  (326)  .............  39:(X.S.)658. 

335  ...................  1917F,  1010. 

340  ...................  40:(N.S.)1. 

449  ...................  1917C,8. 

490  (496)  .............  4:(N.S.)460. 

520  ...................  47:  (X.S.)  1162. 

622  ...................  19:  (X.S.)531. 

•642  ...................  30:  (X.S.)115. 

658  ...................  7  :  (N.S.)108. 

36:  (X.S.)  1194. 

1915A,  382. 
681  .......  .  ...........  12  :  (N.S.)  1010. 

707  ...................  45:  (X.S.)349. 

(712)  .............  5:(N.S.)1002. 

21:(N.S.)914. 

39:(N.S.)1187. 
737  ...................  26:  (X.S.)232. 

(743)  .............  12:(N.S.)895. 

26:(N.S.)237. 
780  ...................  19  :  (N.S.)915. 

24  L.R.A. 

64  ...................  22:  (X.S.)276. 

38:(N.S.)272. 

1915D,  911. 
212  ...................  46  :  (N.S.)409. 

272  ..........  ...  ......  1917A,91. 

295  ...................  57:  88. 

2:(N.S.)127. 

10:  (X.S.)  693. 
369  ...................  26:  599. 

412  (413)  .............  51:(X.S.)275. 

433  ...................  30:  (X.S  )1001. 

1917C.97. 
577  ...................  27:(N.S.)94. 

592  ...................  44  :  (X.S.)358. 

629  ...................  13:  (X.S.)244. 

1915C,  467. 
(634)  .............  34:  (X.S.)  1080. 

'  1917F,362. 
684  ...................  1915D,  856. 

710(711)  .............  22:(X.S.)742. 

763  (765)  .............  10:  (X.S.)121. 

38:  (X.S.)  1195. 

1917F,  597. 
789  ...................  16  :  (X.S.)947. 

800  ...................  42:  (X.S.)  183. 

806  ...................  24:  (X.S.)639. 

831  ...................  57:  167,169. 

25  L.R.A. 

33  ...................  2:(X.S.)744. 

48  ...................  39:  (X.S.)295. 

67  (68)  ...  ...........  13:(X.S.)14(V 

39:(X.S.)46. 
90  ...................  18  :  (X.S.)1106. 

152  ...................  2(5:  728. 

161  ...................  35:(X.S.)1016. 

257  ...................  2:(X.S.)783. 

(274)  .............  9:(X.S.)49. 


25  L.R.A.— cont'd. 

287 51:(X.S.)618. 

(289) 8:(X.S.)1069. 

41:(N.S.)264. 

320 1916E,  207. 

341 25:  349. 

30:(N.S.)946. 
51:  (X.S.)  825. 

360 40:  717. 

37:(XJS.)1005. 

386 7:(X.S.)651. 

(393) 50:  429. 

527 1:(X.S.)756. 

593 47 :  (X.S.)807. 

627 16 :  (X.S.)555. 

759 25:  848. 

32:  853. 

784 16:  (X.S.)1103. 

(786) 32:  (X.S.)566. 

41:(X.S.)274. 

(790) 69:  513. 

848 32:  853. 


26  L.R.A. 

48 20:(X.S.)484. 

37:(X.S.)539. 

1915D,  1118. 

(52) 20 :  (X.S.)489. 

153 42:  (X.S.)83. 

197  (201) 36:  (X.S.)1171. 

237 22:  (X.S.)848. 

340 39:649,  661, 

667. 

20:  (X.S.)  146. 

1916C, 564. 

366 28 :  (X.S.)  1106. 

504 32 :  (X.S.)968. 

1915E,  766. 

544 50:  (X.S.)979. 

581 36 :  (X.S.)  341. 

51:  (X.S.) 234. 

686  (excavations)  5 :  (X.S.)  723. 

638 43:  (X.S.)  1066. 

659  (662) 39:  68. 

36:  (X.S.)  1115. 
707  (711) 30:  (X.S.)127. 


27  L  R  A 

56*. . '. 42:  (X.S.)1013. 

82 41:  (X.S.)280. 

92 44:(X.S.)164. 

136 21 :  (X.S.)228. 

39:  (X.S.)  1007. 

161(169) 9:(X.S.)1035. 

248 18:  (X.S.)441. 

340 28:  99,  105,  136. 

426 36:  539. 

449 37 :  (X.S.)889. 

540 21 :  (X.S.)830. 

1915D,  209. 

669 25:  (X.S.)  1040. 

33:  (X.S.) 336. 
776  (788) 49 :  (X.S.)1215. 


28  L.R.A. 

249 :  . .  .  12 :  (X.S.)  112. 

40-:  (X.S.)  935. 

(drains  or  sewers)  .  .  1915A,  129. 
289 51:(X.S.)668. 


530 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


28  L.R.A.— cont'd. 

344 15 :  (N.S.)350. 

27:(N.S.)255. 

35:(X.S.)549. 

51:(N.S.)1097. 
433 25:  (N.S.)343. 

1916F,  570. 
(441) 12:(X.S.)670. 

25:(X.S.)356. 
546 4:(X.S.)49. 

1915C,  789. 

600 1916E,452. 

829 29:  (N.S.)224. 

29  L.R.A. 

33 12:(N.S.)240. 

120 43:  (N.S.)874. 

154 24:  (N.S.)369. 

226 1:(N.S.)255. 

(227,  242) 46:  (N.S.)260. 

305 3:(N.S.)1079. 

337 32:  (N.S.)809. 

1915E,  1023. 
485  (486) 13:(X.S.)916. 

1915D,  843. 
541  (552) 2G:(N.S.)603. 

1916C,  923, 929. 

685 1:(N.S.)650. 

761 1915D.1195. 

786  (792) 57:  57. 

58:  564. 

30  L.R.A. 

161 48:  (N.S.)990. 

186 21:  (N.S.)76. 

206 48:  (N.S.)525. 

305  (320) 33:(N.S.)166, 

167. 

(333) 10:  (N.S.)463. 

1915C,  396. 

(335) .42: (N.S.)98. 

521 14 :  (N.S.)1003. 

25:(N.S.)840. 
19 15  A,  491. 

560  (569-571) 35:  (N.S.)142. 

609 32:  (N.S.)247. 

737 : 4:  (N.S.)213. 

31  L.R.A. 

234 :  .16 :  (N.S.)878. 

33:(N.S.)738. 

49:(N.S.)132. 

261 31 :  (N.S.)813. 

321 50:  462. 

12:(N.S.)853. 

19:(N.S.)717. 

23:(N.S.)954. 

465 1915F.766. 

489 37 :  (N.S.)790, 

796. 

515(519) 7:(N.S.)272. 

566 22 :  (X.S.)1169. 

(589) 32:  403. 

22:(N.S.)1177. 

609  (646) 32:  71. 

747  (763-770) 35:  (N.S.)142. 

798 36:  (N.S.)220. 

(806) 14:(X.S.)654. 

32  L.R.A. 

116 24:  (N.S.)1168. 

(117) 33:  657 


S2  L.R.A.— cont'd. 

142 23:  (N.S.)345. 

(144) 17:(N.S.)594. 

1917E,  1049. 

177 1915E.3:  7. 

208 69:  682. 

293 46:  (N.S.)72. 

(297) 9:(N.S.)689. 

44:(X.S.)544. 

403 22:  (N.S.)1177. 

465 38:  (N.S.)891. 

543 49:  (X.S.)429. 

595 25:  (X.S.)439. 

715 38:  (N.S.)U6. 

1917F,  603. 
744  (748) 40:(N.S.)609. 

33  L.R.A. 

33 4 :  (N.S.)782; 

48:(X.S.)156. 

85(87) 1917E.361. 

118 31:  (X.S.)580. 

177  (183) 15:(N.S.)108. 

25:  (N.S.)  1001. 

231  (after  maturity)  . .  .28:(X.S.)998. 
(before  maturity)  .  .23:(N.S.)403. 

(235) 15:  (N.S.)1165. 

23:(N.S.)403. 

266 25 :  (N.S.)436. 

(274,  281) 25:  (X.S.)438. 

546 23 :  (N.S.)  10. 

660 52:  (N.S.)1152. 

.     847(848) 44:(X.S.)    50. 

34  L.R.A. 

33  (38) 11:(X.S.)789. 

28:(X.S.)450. 

(43) k 1917D.1104. 

110 25:  (X.S.)234. 

137 1916D,  1202. 

(common  carrier)  . .  .21:  (N.S.)  188. 
(138) 11:(N.S.)789. 

28:(X.S.)450. 

161 39:  264. 

193 27 :  (X.S.)695. 

393 24:  (X.S.)431. 

48:  (N.S.) 204. 
481 21:  (X.S.)283. 

48:(X.S.)823. 

509 1 :  (X.S.)520. 

609 • 17:(X.S.)1161. 

(611) 46:  86. 

17:(X.S.)1165. 

634 1915B,  64."). 

(665) 17:(X.S.)1140. 

1915B,  645. 
720 37:(N.S.)518. 

1916E,  767. 

737 33:  (X.S.J895. 

788 8:(X.S.)384. 

IHl.lE,  1095. 
824 34:  (X.S.)798. 

48:(X.S.)917. 

1916D,  1224. 

35  L.R.A. 

33 18:(X.S.)451. 

32:(X.S.)303. 

44:(X.S.)57. 

1916F,  864. 
58 18 :  (X.S.)  1259. 

29:(X.S.)770. 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


537 


35  L.R.A.— cont'd. 

141 20:  (N.S.)261. 

41:(N.S.)315. 

289 49:  (N.S.)H29. 

(298) 49:(N.S.)H42. 

372 30:(N.S.)761. 

417  (421) 1915A,  100. 

489 9:(N.S.)579. 

21:(N.S.)868. 

512 50:  (N.S.)454. 

561 1915C,  558. 

647 8:(N.S.)231. 

678 1:(N.S.)188. 

701  (705) 45:  (N.S.)1123. 

802 51:  (N.S.)843. 

36  L.R.A. 

92 10:  (X.S.)542. 

117 1917A,  1167. 

139 19:(N.S.)249. 

196  (nonsupport) 1916E,  762. 

232 41:  (N.S.)1009. 

1915C,  661. 

293 '.  2 :  (X.S.)95. 

413  (414) 23:(N.S.)453. 

434 35:  (X.S.)776. 

465  (homicide) 13:  (X.S.)  1024. 

25:(N.S.)376. 

52:  (X.S.) 230. 

582 47:  (N.S.)689. 

721 44:  (N.S.)119. 

781 38:(X.S.)383. 

87  L.R.A. 

116 1:(X.S.)477. 

8:(N.S.)95. 

35:(X.S.)979. 

1916A,  660. 
(121) 30:(X.S.)339. 

1916A,468. 

207 1916E,  1163. 

233 29:  (X.S.)194. 

1916F,  506. 

261 27:(X.S.)62. 

301 49:  (X.S.)  1026. 

423 46:  (X.S.)  1028. 

518 29:  (X.S.)lOo. 

520 2:(X.S.)197, 

1196. 

561  (575) 14:(X.S.)937. 

593  (610) 14 :  (X.S.)  1210. 

783 1:(N.S.)1147. 

830  (836) 1915C,  595. 

38  L.R.A. 

97  (100) 46:(X.S.)188. 

208 27:(X.S.)532. 

(214) 5:(X.S.)415. 

1915F,  898. 

305  (306) 39:  621. 

(319) 20:  (X.S.)  1050. 

(324) 39:  681. 

(330) 9:(N.S.)1197. 

(332) 39:(N.S.)266. 

433 50:  (X.S.)864. 

529 23 :  (X.S.)352. 

29:  (X.S.) 635. 
34:  (X.S.)  126. 
1917B,  108. 

577 10:  1131. 

640  (655) 28:(X.S.)122. 

687 52:(X.S.)171. 


38  L.R.A.— -cont'd. 

721(747) 39:331. 

786 30:  (N.S.)270. 

39  L.R.A. 

33 19166,1263. 

305(328) 42:  767. 

491 67:  839. 

551 18 :  (N.S.)  156. 

32:  (X.S.) 554. 

581 60:  481,500. 

1916E,  523. 
(590) 3:(X.S.)997. 

649  (661,  667) 20:  (X.S.)  146. 

1916C,  564. 

(672) 25:(X.S.)251. 

715  (720) 6:(X.S.)575. 

737 44:  (N.S.)119. 

775 35:  (X.S.)  1090. 

40  L.R.A. 

131 47:  (N.S.)  730. 

1916F,  101. 
177 62:  683. 

25:  (X.S.)  831. 

52:  (X.S.)  736. 
432 22:  (X.S.)779. 

27:  (X.S.)  1164. 

40:  (X.S.)  135. 

465  (470) 41:  322. 

503  (510) 19:(X.S.)835. 

28:(N.S.)673. 

1915C,  359. 

593 22:  (X.S.)345. 

717 37:  (X.S.)  1005. 

737 .' 38 :  (X.S.)  818. 

41  L.R.A. 

321  (328) 42:  822. 

371  (377) 32:  (X.S.)376. 

422 19:  (N.S.)658. 

494 64:  983,  9S6. 

35:(X.S.)824. 
593 50:  (X.S.)266. 

650  (660) 16:(X.S.)786. 

20':(N.S.)321. 
33:  (N.S.)  419. 
I 
!  42  L.R.A. 

110 11:  (N.S.)  1142. 

175 1916C?150. 

247  See  Indexes  under  "Insurance"- 
"Incontestability." 

293  (294) ,  .  4:  (X.S.)558. 

1915A,  797. 

368  (394) 1915B,  703. 

432 35:  (X.S.)870. 

1917E,  730. 

553 23:  (X.S.)  1023. 

753  (768) 45:  (X.S.)  181. 

(771) 64:  317. 

43  L.R.A. 

33  (59) 14:(X.S.)862. 

46:(X.S.)38. 

225 8:(X.S.)108. 

44:  (X.S.) 643. 

277 43:(X.S.)945. 

305  (371) '9:(X.S.)972. 

554 25 :  (X.S.)  1265. 


538 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


43  L.R.A.— cont'd. 

593(609) 3:(N.S.)576. 

24:(X.S.)H82. 

1915E,  714. 
706 14 :  (N.S.)464. 

34:  (X.S.) 283. 

814 27 :  (N.S.)803. 

(816) 16:  (N.S.)938. 

44  L.R.A. 

177  (180) 12:(N.S.)1173. 

321  (337) 23:(N.S.)164. 

27:  (X.S.)  196. 

(347) 21:(X.S.)328. 

400 16 :  (N.S.)728. 

527 1915F,  854. 

593(601) 9:(N.S.)933. 

(605) 46:  (X.S.)129. 

737  (750) ...36:  (X.S.)  887. 

45  L.R.A. 

33  (44) 24:(X.S.)659. 

(48) 34:<X.S.)1047. 

136 51:  (X.S.)373. 

392 1917B,326. 

(394) 12:(N.S.)768. 

35:(N.S.)563. 
50:(X.S.)510. 
1916D,  211. 

446 20:(X.S.)185. 

30:(X.S.)291. 
42:(N.S.)332. 

481  (496) 37:(X.S.)549. 

541 46:(X.S.)219. 

647  (648) 22:(X.S.)1013. 

687  (703) 15:  (X.S.)  1013. 

39:(X.S.)671. 

(707) 1915F.656. 

737  (743) 3:  (X.S.)584. 

(748) 10:(N.S.)947. 

(751) 1915C.386. 

800 4fr:  (X.S.)1197. 

46  L.R.A. 

33  (86) 17:(N.S.)1165. 

322 17 :  (X.S.)329. 

641  (absence  of  witness)  .34:  (N.S.) 811. 

(665) 34:(N.S.)811. 

753  (778) 1915E,  395. 

(784) 50:  (X.S.)83. 

47  L.R.A. 

33(44) 39:(X.S.)487. 

87 ; 1917D,707. 

289  (301) 42:  (X.S.)158. 

433 1917E,  1148. 

512 24:  (X.S.)1260. 

34:(X.S.)1060. 

593 18:  (X.S.)409. 

34:(X.S.)141. 

637 30 :  (X.S.)231. 

696 48:  (X.S.)90f.. 

806 32:(X.S.)730. 

48  L.R.A. 

68 16:(X.S.)715. 

368  (392) 17:(X.S.)773. 

40:  (X.S.) 913. 

465  (473) 1915D,  927. 

542. 23:(X.S.)1014. 

30:(X.S.)453. 
025  (638) 5G:  208. 


48  L.R.A.—  cont'd. 

691  ...................  61:  694. 

20:(N.S.)1050. 

47:  (X.S.)  137. 
753  ...................  30:  (X.S.)436. 

49  L.R.A. 

111  (saloons)  ..........  18:  (X.S.)657. 

153  (158)  .............  41:(X.S.)1053. 

193  ...................  15:(X.S.)686. 

(212)  .............  15:(X.S.)689. 

38:(X.S.)1160. 
353  ...................  2:(X.S.)672. 

(379)  .............  8:(X.S.)917. 

52:  (X.S.)  843. 
471  ...................  17:(X.S.)177. 

497  ...................  19:  (X.S.)700. 

25:(X.S.)727. 
44:(X.S.)557. 

612  ...................  8:(X.S.)783. 

1915E.457. 
679  ...................  1  :  (  X.S.)242. 

18:  (X.S.)  1221. 

32:(X.S.)1173. 

52:  (X.S.)  241. 
715  ...................  27:  (X.S.)  1069. 

781  ...................  1  :  (X.S.)208. 

22:  (X.S.)  163. 

50  L.R.A. 

33  ...................  26  :  (X.S.)451. 

30:(X.S.)990. 

41:  (X.S.)  123. 

46:(X.S.)148. 
75  ...................  17  :  (X.S.)  514. 


161  ...................  36:  (X.S.)240. 

51:(X.S.)319. 
371(374)  .............  38:(X.S.)514. 

397  ...................   7  :  (X.S.)362. 

42:  (X.S.)  386. 
501  ...................  31  :  (X.S.)491. 

1915D,  300. 
577  (583)  .............  59:  178. 

(585)  .............  35:(X.S.)292. 

1917C,  1143. 
(591)  ............    8:(X.S.)538. 

(595)  .............  35:(X.S.)312. 

714  ...................  24:  (X.S.)490. 

51:  (X.S.)  1069. 
836  ...................  16  :(  X.S.)280. 

(841)  .............  17:(X.S.)945. 

51  L.R.A. 

33  ...................  20:(X.S.)942. 

193  ...................  42:(X.S.)69. 

inif>B,  505. 
(222)  .............  33:(X.S.)275. 

320  ...................  19160,1094. 

(330)  .............  17:(N.S.)124. 

1916C,  1097. 
353  ...................    9:(X.S.)174. 

43:  (X.S.)  639. 
(360)  .............  37:(X.S.)944. 

(381)  .............  57:  57. 

657  ...................  1916D,  1020. 

698  (706)  .............  28:(X.S.)337. 

(713)  .............  1915F,  759. 

52  L.R.A. 

33  (47)  ..............  13:(X.S.)253. 

(54)  ..............  46:(X.S.)470. 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


539 


52  L.R.A.— cont'd. 

106 38 :  (N.8.)994. 

105 :.  .40:  (N.S.)698, 

704, 
732 

(187) ,40:(NJ3.)408, 

417. 

448 . 15:(X.S.)840. 

500  (502) 1917B,  1148. 

545  (578,595) 36:  (N.S.)899. 

790 1:(X.S.)1110. 

10:(N.S.)706. 
37:(N.S.)409. 
1915A,  722. 

53  L.R.A. 

33 30:  (N.S.)483. 

(91) 27:(X.S.)639. 

49:(N.S.)927. 

193 15:  (N.S.)1277. 

353 26:  (N.S.)520. 

(366) 7:(N.S.)1053. 

33:(N.S.)741. 

432 38:(X.S.)255. 

732 24:  (X.S.)  1286. 

891  (895,903) 22:  (N.S.)281. 

934  (939) 1916F,  206. 

54  L.R.A. 

33 13:(N.S.)742. 

(52) 20:(N.S.)793. 

(71) 17:(N.S.)568. 

(124) 10:(N.S.)1103. 

225 19:(X.S.)233. 

(231) 45:  (X.S.)982. 

(233) 14:(X.S.)1172. 

440 2:(X.S.)(><>6. 

25:(X.S.)596. 
1915B.1121. 

(448) 25:  (N.S.)GOO. 

513 40:(X.S.)249. 

673 50:(X.S.)78. 

718 7:(N.S.)1114. 

865 9:(X.S.)224. 

38:(X.S.)941. 

934 3:(X.S.)47°.. 

21:(N.S.)267. 

55  L.R.A. 

122  (136) 1916A,  982. 

353 34:  (N.S.)510. 

381  (384) .  .19:(X.S.)84. 

418 36:(X.S.)957. 

(424) 36:(X.S.)957. 

513  (530) 34:  (N.S.)615. 

650 43:  (N.S.)80G. 

1915E,  281. 

713 1915C,  681.      . 

751  (bad   loans   and   in- 
vestments)   39:  (X.S.)173. 

56  L.R.A. 

33  (77) 4:(X.S.)786. 

27:  (X.S.) 550. 

193 40:  (X.S.)  1095. 

1915F,  955. 

(211) 18 :  (X.S.)1252. 

1917A,37. 

301 62:  37. 

353  (358) 40:  (X.S.)1195. 

(360) 50:  (X.S.)1167. 

(367) 52:(X.S.)910. 


56  L.R.A.— cont'd. 

(375) 21:  (X.S.)840. 

(406) 30:(N.S.)391. 

(414,415) 30:(N.S.)398. 

(421) 1:(N.S.)419. 

(434) 16:  (X.S.)660. 

52:(X.S.)153. 

(441) 37:(X.S.)252. 

(445) 52:  (X.S.)152. 

513  (538) 44:(X.S.)871. 

741 1917F,  848. 

784 39:  (X.S.)1182. 

1915E,618. 
905 27 :  (X.S.)  1086. 

57  L.R.A. 

33  (57) 58:  564,568. 

(88) 10:(X.S.)693. 

155 11:  (X.S.)  1082. 

17:(X.S.)800. 

26:  (X.S.)  179. 

28:  (X.S.)  753. 

43:  (X.S.) 355. 

353 29:  (X.S.)781. 

432 46:  (X.S.)llSO. 

513 26:  (X.S.)764. 

26:  (X.S.) 774. 

1916A,  1054. 

583 44:(X.S.)505. 

643  (651) 1916F.358. 

673 35:(X.S.)574. 

(684) 9:(X.S.)1117. 

16:  (X.S.) 672. 

19:(X.S.)1056. 

36:  (X.S.) 33. 

42:  (X.S.) 643. 
784 20:  (X.S.)1133. 

1917A,  74. 

817  (820,  scaffolds) 1915F,  1036. 

(820,  railroads) 19 :  (X.S.)  738. 

875 1916A,  1191. 

932 9:  (X.S.)426. 

58  L.R.A.  • 

33 26 :  (X.S.)973. 

(railroads) 1915A,  129. 

(47) 16:(X.S.)146. 

21:(X.S.)f>01. 

155 30:(X.S.)360. 

293  (295,  reservation)  .  .19:  (X.S.)618. 
191 5E,  800. 

(299) 24:(X.S.)4.;>1. 

(306) 14:(X.S.)322. 

321  (municipality) 20:  (X.S.) 656. 

20:(X.S.)201. 

(328) 9:(X.S.)598. 

28:  (X.S.) 200. 
51:  (X.S.) 309. 

513  (589) 15:(X.S.)952. 

30:  (X.S.) 705. 

(599) 1915C.380. 

(600) 30:  (X.S.)704. 

673 35:(X.S.)227. 

788 26 :  (X.S.)8]  6. 

28:(X.S.)S25, 
1917E,  1083. 
.833 38:  (X.S.)  1000. 

59  L.R.A. 

33  (logs) 51:(X.S.)H72. 

135 23:(X.S.)]2r>4. 

(146,148,163) 38:(X.S.)297. 


540 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


69  L.R.A. — cont'd. 

(162) 18 :  (X.S.)647. 

1917B,  1032. 

(177) 39:(N.S.)988. 

(178) 9:(X.S.)1168. 

28:(N.S.)1068. 

(180) 34 :  (N.S.)1106. 

1915E.421. 

(181) 41:(N.S.)219. 

465 8 :  (N.S.)762. 

34:(N.S.)58. 
1915B,  834. 
1916E,  715. 

513 30:  (X.S.)462. 

52:(X.S.)574. 
1916D,  831. 

604 37 :  (X.S.)1058. 

673 52:  (N.S.)988. 

817 28:  (N.S.)156. 

60  L.R.A. 

294 51 :  (X.S.)534. 

321  (366) 15:(N.S.)952. 

30:(N.S.)704. 
481 26:  (X.S.)794. 

(500) 1916E,  523. 

(502) 41 :  (N.S.)469. 

(tidal) 31 :  (N.S.)396. 

(512) 31:(N.S.)434. 

641  (664) 39:(N.S.)1051. 

850 1 :  (N.S.)  766. 

1915A,1118. 

61  L.R.A. 

33  (58) 23:(X.S.)204. 

(58) 25:(N.S.)239. 

(95) 25:  (X.S.)239. 

86:  (N.S.)  1046. 

(95) 36:  (X.S.)1045. 

52:(X.S.)402. 

(98) 1917D,  707. 

(105) 31:(N.S.)301. 

40:(N.S.)263. 

(107) 39:(N.S.)814. 

(115) 39:(X.S.)814. 

193 19:  (X.S.)665. 

277  (287) 1915D,  201. 

583 7 :  (X.S.) 424. 

19:(X.S.)516. 
20:(X.S.)635. 
43:(X.S.)1116. 
7:(X.S.)424. 
19:(X.S.)516. 

621 25 :  (X.S.) 50. 

30:(X.S.)694. 
44:(X.S.)15f>. 
1916F,  286. 

673  (694) 20:  (X.S.)  1050. 

47:(N.S.)1C9. 

746 1916F,856. 

833  (865) 1915E,  687. 

62  L.R.A. 

33 1916D,  750. 

193  (incest) 26:  (X.S.)466. 

1915A,  138. 

(rape)    48:  (X.S.)236. 

(sodomy)    46:  (X.S.)266. 

(false  pretenses)  . .  .43:  (X.S.)667. 

(forgery) 43:  (X.S.) 754. 

(embezzlement) 43:  (X.S.)774. 

(larceny) 43:  (X.S.)777. 

(arson) 1915A,  809. 


62  L.R.A.—  cont'd. 

(bribery)    .........  1915B,  103. 

(robbery)   .  ........  1917D,  388. 

369  ...................  1917C.1119. 

673  (683)  .............  25:  (X.S.)831. 

52:  (X.S.)  736. 
(714)  .............    5:(X.S.)899. 

19:(X.S.)561. 

27:(X.S.)966. 

48:  (X.S.)  893. 

795  (797)  .............   6:  (X.S.)928. 

(798,802)  .........  33:(X.S.)54. 

817  (861)  .............  36:  (X.S.)162. 

(866)  .............  18:(X.S.)520. 

(870)  .............  34:  (X.S.)  1004. 

(873)  .............  41:(X.S.)391. 

974  ...................  1915F.S20. 

63  L.R.A. 

163  ...................  18:  (X.S.)520. 

193  ...................  16:  (X.S.)645. 

289  ...................    4  :  (X.S.)  1118. 


353  (387)  .............  4.K  (X.S.)219. 

513  ...................  18  :  (N.S.)874. 

(532)  .............  5:(X.S.)751. 

23:(X.S.)648. 

28:(X.S.)490. 
'  29:  (X.S.)  795. 

41:(X.S.)223. 
616  ...................  29  :  (X.S.)775. 

673  ...................  15  :  (X.S.)976. 

833  ...................  23:  (N.S.)968. 

52:(X.S.)275. 
902  ...................  49:  (N.S.)580. 

963  (984)  .............  36:  (X.S.)162. 

64  L.R.A. 

33  (59)  ..............  38:(X.S.)907. 

119  ...................  51  :  (N.S.)907. 

160  ...................  46:  (N.S.)650. 

236  ...................  17  :  (X.S.)650. 

23:  (X.S.)  331. 

25:  (X.S.)  465. 

37:  (X.S.)  193. 

1915A,369. 
353(356)  .............   6:(X.S.)040. 

-       35:  (X.S.)  385. 

1917D,  942. 
474  (481)  .............    3:  (X.S.)!)29. 

501  ...................  16:  (X.S.)1026. 

1915D,  838. 
581  ...................  17:  (X.S.)1113. 

648  (665)  .............  16:(X.S.)210. 

689  (712)  .............  11:(X.S.)368. 

19:(X.S.)143. 

30:  (X.S.)  580. 

41:  (X.S.)  1034. 
823  (833)  .............  35:(X.S.)385. 

1917D,  942. 
977  (983,  986)  .........  35:  (X.S.)824. 


65  L.R.A. 
33.. 


177  (186) 


.12:  (X.S.)  1130. 

26:  (X.S.) 242. 

35:  (X.S.) 628. 

40:(X.S.)893. 

51:  (X.S.) 361. 

1915F,  830. 
.21:  (X.S.) 679. 

25:  (X.S.)  1285. 

1916C,  666. 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


541 


65  L.R.A.— cont'd. 

250 29:(N.S.)126. 

316(318) 1915E.203. 

445 17 :  (N.S.)371. 

(467) 13:(N.S.)1122. 

16:(N.S.)816. 
25:(N.S.)33. 

529 47 :  (N.S.)279. 

620 17:(N.S.)758. 

805 1915A,  121. 

833 17:  (N.S.)758. 

(855) 66:  154. 

953 41:  (N.S.)366. 

66  L.R.A. 

119... 17:(X.S.)758. 

304 22 :  (N.S.)243. 

353 33:  (N.S.)143. 

657 45 :  (X.S.)  1131. 

798 1915B,280. 

67  L.R.A. 

33 34:(N.S.)261. 

38:  (N.S.) 40. 

87  (91) 1915E,  1205. 

(92) 1915E,  1201. 

153 16:(N.S.)870. 

(157) 24:  (N.S.)  1283. 

209 , 3:  (N.S.)608. 

20:(N.S.)264. 
1915F,  880. 

253 37:  (N.S.)1150. 

426 43 :  (N.S.)419. 

529  (542) 45:(N.S.)71. 

(546) 45:(N.S.)145. 

565 37:  (N.S.)172. 

656 20:  (X.S.)996. 

49:(N.S.)1159. 

705  (708) 38 :  (N.S.)787. 

783 .49:  (N.S.)83. 

96  L.R.A. 

33  (rape) 1916B,  747. 

(larceny) 28 :  (N.S.) 536. 

1916B,  846. 

(arson) 16:(N.S.)285. 

1916D,  1299. 
(identification  of 

body) 7:(N.S.)181. 

(embezzlement) 1917A,  1289. 

285 45:(N.S.)404. 

447  (454) 21:(X.S.)953. 

39:(X.S.)1160. 

673  (699) 15:(N.S.)49. 

799 2:(N.S.)725. 

13:(N.S.)610. 
29:  (N.S.)  813. 

69  L.R.A. 

193 12 :  (N.S.)220. 

317 18:(X.S.)431. 

353  (375) 23:(N.S.)776. 

673  .         23:(X.S.)924. 

27:(X.S.)420. 
892  (898) 15: (X.S.)727. 

70  L.R.A. 

33 33:(X.S.)465. 

579 '....  1:(X.S.)49. 

32:(X.S.)371. 
731..       18:(X.S.)297. 


1  L.R.A.(N.S.) 

49 9:(N.S.)988. 

32:(X.S.)371. 

137 11 :  (X.S.)  670. 

184 17:  (N.S.)684. 

40:  (X.S.) 875. 
205 45:  (N.S.)871. 

48:  (N.S.)  1001. 

208 33:  (N.S.)807. 

215  See  L.R.A.  Indexes  under  "Auto- 
mobiles." 
242 18:  (X.S.)  1221. 

32:(N.S.)1173. 

52:(X.S.)241. 

307 22:  (N.S.)915. 

364 6 :  (N.S.)  1046. 

35:(N.S.)611. 

400 19:  (N.S.)290. 

427. .. 3:  (N.S.)1132. 

19:(N.S.)772. 

32:  (N.S.)  713. 

42:  (N.S.)  1070. 

1915F,  690. 
439 7 :  ( X.S.) 609. 

50:  (X.S.) 880. 
477 8:(N.S.)95. 

35:(N.S.)979. 

1916A,  660. 

540 25:  (N.S.)946. 

639 1915F,  1143. 

660 28:  (N.S.)934. 

1916C,  255. 

752 34:  (X.S.)286. 

766 1915A,  1118. 

862 20:  (N.S.)  1164. 

42:(X.S.)735. 

918 1917C.246. 

926 1917C,  249. 

928 1917C,  248. 

932 19170,256. 

936 27:  (X.S.)llSl. 

1917C, 245. 

969 1917A,  102. 

977 22:  (N.S.)701. 

1024 3 :  (X.S.) 508. 

1110 10:  (N.S.)706. 

37:  (N.S.)  409. 

1915A,  715. 

1171 3:(N.S.)954. 

1178 13:(X.S.)646. 

1184 43:(N.S.)961. 

1916E,  253. 
1188 43 :  (X.S.)961. 

1916E,  253. 
1192 17 :  (N.S.)1135. 

48:  (X.S.) 294. 

2  L.R.A.(N.S.) 

95 25:(X.S.)180. 

52:(X.S.)943. 

105 32:  (X.S.)1206. 

110 24 :  (X.S.)  1178. 

115 9:(X.S.)1113. 

127 10:  (X.S.)693. 

144 50:  (X.S.)236. 

168 1917D,740. 

197 2:(X.S.)1196. 

210 45:(X.S.)52. 

261 38:  (X.S.)  1202. 

269 30:  (X.S.)637. 

52:  (X.S.) 889. 


542 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


2  L.R.A.(N.S.)— cont'd. 

288 36:  (N.S.)866. 

51:  (X.S.)  1040. 

1915E,  987. 

303 5:(N.S.)H03 

331  (constitutionality)  .20:  (X.S.)160. 

1915E,  917. 

(fixtures)   34:(N.S.)218. 

(337) 25 :  (N.S.)758. 

45:(N.S.)495. 

(338) 19:(X.S.)874. 

353 15:  (N.S.)463.- 

1915E.68. 

383 24 :  (X.S.)143. 

392 21:  (N.S.)176. 

395 1917F,911. 

408  (459) 1915F,  680. 

512 52:  (N.S.)670. 

531 52 :  (N'.S.)778. 

553 22:  (X.S.)661. 

574. 1915B,498. 

588 7 :  (N.S.)1131. 

30:(X.S.)957. 

49:(N.S.)H23. 

1917A,  433. 

619 1916B,  1053. 

628. . .'. 1915B,  492. 

631 25:  (N.S.)193. 

34:(X.§.)454. 

637 14:  (X.S.)493. 

652  (653) 36:(X.S.)208. 

37:  (X.S.)  1191. 

51:(X.S.)726. 
666 25 :  (N.S.) 596. 

1915B, 1121. 

695 5:  (X.S.)779. 

725 13:  (X.S.)610. 

29:(X.S.)813. 

744 ..1915E.722. 

(748) 13:(N.S.)619. 

29:(X.S.)816. 

(757) 24:(X.S.)246. 

804  (806) 1915D,  733. 

•       809 28:  (X.S.)178. 

1915B, 740. 

813 27 :  (X.S.)898. 

836. ..» 12:  (X.S.)760. 

13:(N.S.)615. 

29:(KS.)808. 

1916C, 364. 

842 19:  (N.S.)725. 

859 21:  (X.S.)263. 

1916E,  1150. 
862 22:(X.S.)240. 

41:(X.S.)1213. 

1917E,  1133. 

873 20 :  (N.S.)  1019. 

887 38:  (N.S.)830. 

927  (928) 39:(X.S.)1215. 

964 35:  (X.S.)251. 

1013 41:  (X.S.)695. 

1100 36:  (X.S.)230. 

1108 41 :  (X.S.)958. 

1916E,  280. 

1115 41 :  (X.S.)236. 

1173 5:  (X.S.)1177. 

1191 10:  (X.S.)352. 

12:(X.S.)831. 

21:(X.S.)972. 

49:'(X.S.)135. 


3  L.R.A.(N.S.) 

49 22:  (X.S.)1073. 

1915D,  831. 

Ill 42:  (X.S.)568. 

141 45:  (X.S.)946. 

149 19:  (X.S.)1124. 

168 20:  (X.S.)1007. 

36:(X.S.)115. 

1917C,  63. 

172 .27:(X.S.)11. 

192 30:  (X.S.)500. 

209 1915B,435. 

218 26 :  (X.S.)1058. 

244 19i5E,ni. 

251 9:  (X.S.)1148. 

19:  (X.S.)  006. 

1916F.673. 
259 33 :  (X.S.)  196. 

47:  (X.S.) 932. 

323 7:(X.S.)87. 

339 1915E,  455. 

345 20:  (X.S.)232. 

38:(X.S.)488. 

42:(X.S.)1179. 

51:  (X.S.) 992. 

382 40:  (X.S.)576. 

412 47:  (X.S.)955. 

432 22 :  (X.S.)910. 

28:(X.S.)773. 

46:  (N.S.) 357. 

473. 21:  cX.S.,267. 

478 39 :  (X.S.)370. 

1915D,  130. 

500 4:  (X.S.)220. 

558 4:  (X.S.)480. 

564 45:  (X.S.J908. 

576 24:  (N.S.)H82. 

1915E.  715. 

v     588 28:  (X.S.)611. 

608 20:  (X.S.  )264. 

1915F,880. 

622 .21:  (X.S.)585. 

726  (life  insurance) 1917B,  671. 

(inheritance) 39:  (X.S.)  1088. 

1915C, 328. 

741 23:(X.S.)771. 

746 22:(X.S.)921. 

1916E.  '.Hi. 
759 23 :  (X.S.)643. 

42:(X.S.)863. 
763 24 :  (X.S.)103. 

25:  (X.S.)  1297. 

33:  (X.S.)  179. 

1917C.  822. 

774 21 :( X.S.)533. 

887 19150,378. 

935 33:(X.S.)949. 

982  (1132) 32:(X.S.)713. 

38:  (X.S.) 72. 

42:  (X.S.)  1073. 

litl.lF,  698. 

988 34:(X-.S.)1089. 

1094. 

997 1916F,  914. 

1115 1916B,  616. 

1126 38:  (X.S.)763. 

1132 19:  (X.S.)772. 

32:  (X.S.) 713. 

42:  (X.S.)  1070. 

1915F,  690. 


TABLE  OF  SUPPLEMENTED  L.R.A.  XOTES. 


543 


3  L.R.A.(N.S.)— cont'd. 

1187 23:  (X.S.)673. 

1196 25:  (X.S.)178. 


4  L.R.A.(N.S.) 

49 19150,789. 

49  (58) 34:(N.S.)351. 

1915C,  809. 

(66-68) 40:  (X.S.)486. 

80 16 :  (N.S.)1129. 

119 26:  (N.S.)134. 

1915E,267. 

149 32:  (X.S.)740. 

1915E,  413. 

189. 1915A,  1179. 

202 36:  (X.S.)722. 

40:(X.S.-)254. 

282 28:(X.S.)88. 

1916F,  1249. 

302 50:  (X.S.)412. 

309 32 :  (X.S.)737. 

:;:59 38:(X.S.)261. 

365 51 :  (N.S.)  1121. 

1917C,  361. 

417 41:(X.S.)439. 

421 ...38:(X.S.)571. 

1915E,  152. 

427 33:  (X.S.)883. 

1915A,521. 

485 32:  (X.S.)1201. 

1915E.668. 

521 1916E,821. 

558 1915A,  797. 

565 30:  (X.S.)926. 

569 49:  (X.S.)491. 

589 '. 1916D,  727. 

607 1915A.273. 

616 36:(X.S.)388. 

629 44:(X.S.)68. 

636 50:  (X.S.)1007. 

643 29 :  (X.S.)  842. 

1915A,  67. 

678 24:(X.S.)1045. 

688 40:  (X.S.)857. 

729 21:  (X.S.)887. 

740 18:  (X.S.)613. 

782 48:(X.S.)157. 

786 27:(X.S.)550. 

(792) 27:  (X.S.) 550. 

816 9:(X.S.)317. 

848 28:  (X.S.)1215. 

865 30:  (X.S.)  1030. 

890 1916D,  719. 

909 44:  (X.S.)  1003. 

013 22:  (X.S.)472. 

939 42:  (X.S.)  1162. 

953 1916A,  894. 

1020 51:  (X.S.)635. 

1029 14:  (X.S.)776. 

1091  (1118) 1916C,  222 

1130     See  L.R.A.  Indexes  under  ''Auto- 
mobiles." 

1170 38:(X.S.)4 

1185 27 :  (X.S.)  1062. 


5  L.R.A.(N.S.) 

136 35:  (X.S.)1054. 

1915A,  789. 
1917A,  379. 
148 18:  (X.S.)  1233. 


5  L.R.A.(N.S.)— cont'd. 

186    (sale   of   dangerous 
instrumentality) 

1915C,  460. 

(question  of  law)  ...  47 :  (X.S.)  1204. 
(260,   master  and 

servant) 15:  (X.S.) 784. 

(244,  crossing) 47:(X.o.)820. 

(250) 8:(X.S.)1093. 

(256) 1915D,  1021. 

274 50:(X.S.)47. 

327 22:  (X.S.)534. 

42:(X.S.)465. 

415 1915F,  898. 

418 1915B,  407. 

439 28 :  (X.S.)577. 

571 22:  (X.S.)959. 

619 21:(X.S.)279, 

280. 

657 1915E,  127. 

1916B.1021. 

663. .'. 50:  (X.S.)1091. 

674 8:(X.S.)1116. 

27:(X.S.)283. 
50:  (X.S.) 421. 

680 46:(X.S.)990. 

1917  A,  442. 

721 46:  (X.S.)142. 

751 23:  (X.S.)648. 

28:  (X.S.)  490. 
29:  (X.S.)  795. 
41:(X.S.)223. 

779 14:  (X.S.)465. 

831 30:  (X.S.)619. 

838 46:  (X.S.)104'J. 

50:(X.S.)489. 

860 23:  (X.S.)500. 

874 25:  (X.S.)1217. 

886 16 :  (X.S.)918. 

1917A,  683. 

899 19:  (X.S.)561. 

27:(X.S.)966. 
48:(X.S.)893. 

926 1917A,  1056. 

1002 21 :  (X.S.)914. 

39:(X.S.)1187. 

1005 39 :  (X.S.)649. 

1012 38:  (X.S.)258. 

1915B,  1202. 

1025 37 :  (X.S.)419. 

1028 18 :  (X.S.)260. 

25:  (X.S.) 228. 

1064 20:  (X.S.)337. 

26:  (X.S.)  110. 

1081 19170,703. 

1086 1917E,  576. 

1105 * 22 :  (X.S.)364. 

1917D,  1011. 
1154 1916D,  782. 


6  L.R.A.(N.S.) 

191 30:(X.S.)1153. 

52:  (X.S.)  186. 

202 22:  (X.S.)  1024. 

212 18 :  (X.S.)880. 

298 24 :  (X.S.)511. 

302 22:  (X.S.)828. 

306 1915D,  334. 

311 52:(X.S.)571. 

337 16:  (X.S.)214. 

1917E.4. 


544 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


6  L.R.A.(N.S.)— cont'd. 

369 1916C,  1104. 

381 26 :  (N.S.)  161. 

391 38:  (N.S.)  452. 

397 28:  (N.S.)680. 

442 41:  (N.S.)1176. 

463 1917F,637. 

469 47 :  (N.S.)870. 

477 21:(N.S.)525. 

1916D,  266. 

516 1916B,  1220. 

524 25:  (N.S.)967. 

550. . .'. 43:  (N.S.)559. 

562 52:  (N.S.)126. 

581 1917B,  916. 

609 1916E,957. 

685 45:  (X.S.)559. 

710 51:(N.S.)50. 

750 32:  (N.S.)355. 

1917F,  774. 

882 45:  (N.S.)215. 

905 20 :  (N.S.)753. 

34:  (N.S.)  118. 
1916B, 947. 

914 40 :  (N.S.)  655. 

917 37 :  (N.S.)  754. 

52:(N.S.)1154. 

928 1917A,  1163. 

934 1915B,  681. 

940 35 :  (N.S.)386. 

1917D,  942. 

942 1915E,  1008. 

981 19 :  (N.S.) 646. 

22:(X.S.)634. 
33:(N.S.)646. 
42:(N.S.)1229. 
49:  (N.S.) 472. 

1013 43 :  (N.S.)1037. 

1915C,  747. 

1016 1916A,  1302. 

1046 35:  (N.S.)611. 

1048 32:  (N.S.)189. 

1054 32:  (N.S.)189. 

1067 1916C,  989. 

1082 1916A,  524. 

1090 30:  (N.S.)1161. 

1094 20:  (N.S.)654. 

1171 21 :  (N.S.)1021. 

1186 39:  (N.S.)805. 

7L.R.A.(N.S.) 

97 9 :  (N.S.)851. 

108 36 :  (N.S.)1194. 

1915A,  382. 
114 23 :  (N.S.)924. 

27:  (N.S.) 420. 
132 "7:(N.S.)152. 

17:  (N.S.)  707. 

19:  (N.S.) 440. 

27:(N.S.)37!). 

36:  (N.S.) 957. 
152 17 :  (N.S.)  707. 

19:  (N.S.) 446. 

27:  (N.S.) 379. 

155 1917B,  948. 

162 34:  (N.S.)299. 

1915E.  320. 

188 1916A,  540. 

191 18:  (X.S.)8C2. 

195 25 :  (N.S.)446. 

48:  (N.S.) 308. 
216 46 :  (N.S.) 663. 


7  L.R. A. (N.S.)— cont'd. 

253 1915B,181. 

274 23:  (N.S.)739. 

1916 A, 743. 

282 1915C,  960. 

335 48:  (N.S.)657. 

352 1915D,  588. 

357 15:  (X.S.)701. 

28:(N.S.)648. 

1916D,  301. 

362 42:  (N.S.)386. 

415 25 :  (N.S.)1211. 

1915D,  1211. 
424 19 :  (N.S.)51G. 

20:(N.S.)635. 

43:(N.S.)1116. 
481 10 :  (N.S.)  74. 

22:(N.S.)4SU. 

32:  (N.S.)  62. 

42:  (N.S.)  1144. 

52:(N.S.)505. 

501 34:  (N.S.)1195. 

582 40:  (N.S.)585. 

1916D,  1276. 

609 50:  (N.S.)880. 

612 41 :  (N.S.)290. 

621 ; 24:  (N.S.)188. 

646 49:  (N.S.)  1219. 

694 47 :  (N.S.)552. 

715 21:  (N.S.)157. 

729 51 :  (N.S.)1153. 

899 33:  (N.S.)828. 

933 13 :  (N.S.)1105. 

45:  (N.S.) 75. 

958 48:  (X.S.U91. 

991 23:  (N.S.)433. 

1041 1916D,  341. 

1053 33 :  (N.S.)741. 

1076 13:  (N.S.)613. 

29:  (N.S.) 814. 
1131 30:  (N.S.)957. 

49:  (N.S.)  1123. 

1917 A,  433. 
1154 31 :  (N.S.)417. 

1916A,  762. 
1163 1917E,  1035. 

8  L.R.A.(N.S.) 

49 42:  (N.S.)439. 

77 29 :  (N.S.)  199. 

1915D,  243. 
95 35:  (N.S.)979. 

1916A,  660. 

108 44:  (N.S.)643. 

117 33 :  (N.S.)139. 

131 24:  (N.S.)201. 

34:  (N.S.) 767. 

144 22:  (N.S.)1153. 

149 44:  (N.S.)98. 

199 34:  (N.S.)826. 

227 21 :  (N.S.)75. 

1917A,  1155. 
240 16:  (N.S.)935. 

25:  (N.S.)  938. 

249 19 :  (X.S.)475. 

263 51:(N.S.)56. 

287 52:(N.S.)908. 

299 48:  (N.S.)819. 

384 14:  (N.S.)893. 

1915E, 1095. 

426 32 :  (X.S.)51. 

56o 1915D,  551. 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


545 


8  L.R.A.(N.S.)— cont'd. 

585 17:  (N.S.)439. 

30:(N.S.)783. 
43:(N.S.)911. 
51:(N.S.)959. 

597 1915A,  761. 

698 31:  (N.S.)176. 

33:(N.S.)996. 

762 34:(N.S.)58. 

1915B,  834. 

783 1915E,  457. 

804 16:  (N.S.)818. 

814 48 :  (X.S.)840. 

844 44:(X.S.)317. 

896 17:  (X.S.)382. 

909 52 :  (X.S.)459. 

916  (917) 52:  (N.S.)842. 

937 31 :  (X.S.) 517. 

1915C,  648. 

944 1917F,266. 

983 39 :  (N.S.)951. 

1014 1916B,  621. 

1069 41 :  (N.S.)264. 

1107 1917A,  216. 

1917A,  231. 

1116 27 :  (X.S.)283. 

50:(N.S.)421. 

1130 46:  (N.S.)1134. 

1137 20:  (X.S.)298. 

42:(N.S.)H60. 

1180 33:  (N.S.)602. 

44:(X.S.)422. 

1210 44:  (X.S.)427. 

1240 34:  (X.S.)715. 

9  L.R.A.(N.S.) 

49 48 :  (X.S.)547. 

140 37:  (X.S.)861. 

146 23:  (N.S.)636. 

1915F,  568. 

154 49:  (X.S.)922. 

174 43 :  (N.S.)639. 

224 38:  (N.S.)941. 

277 27 :  (N.S.)487. 

44:(N.S.)583. 

282 1917B,  1128. 

(advertising)   33:  (N.S.)947. 

322 46:(X.S.)467. 

338 1915E,  501. 

407 41 :  (N.S.)799. 

1915B,  621. 

446 1917A,379. 

478 20:  (X.S.)956. 

48:(X.S.)196. 

485 52:  (X.S.)1075. 

406 46:(X.S.)615. 

501 1917A,379. 

572 39:  (X.S.)519. 

580 21:(X.S.)868. 

593 1917F,  1161. 

598 28:(X.S.)200. 

51:(X.S.)309. 

689 44:  (X.S.)544. 

608 29:  (X.S.)205. 

880 30:  (X.S.)404. 

1917E,  1029. 
929 21 :  (X.S.)873. 

1916E,774. 

988 32 :  (X.S.)371. 

1026 42 :  (X.S.) 555. 

L.R.A.  Tri.  Index  1915-17.— 35.  , 


9  L.R.A.(N.S.>— cont'd. 

1033  (1035) 14 :  (X.S.)216. 

21:(X.S.)93. 

26:  (X.S.)  382. 

33:  (X.S.)  79. 

37:(X.S.)834. 

47:  (X.S.)  662. 

1916A,  957. 

1057 1916A,  1279. 

1084 49:  (X.S.)973. 

1096 24:  (X.S.)900. 

1104 35:  (X.S.)784. 

1117 16 :  (X.S.)672. 

19:  (X.S.)  1056. 

35:  (X.S.)  575. 

36:(X.S.)33. 

42:  (X.S.)  643. 

1119 1917E,  654. 

1127 21:  (X.S.)239. 

1148 19:  (X.S.)606. 

1915F,  673. 

1168 28:  (X.S.)1068. 

1197 48:  (X.S.)979. 

1214 23:  (X.S.)834. 

1916E,  236. 

10  L.R.A.(N.S.) 

49 25:  (X.S.)  1308. 

1915A,  77. 
74 22:  (X.S.)486. 

32:  (X.S.) 62. 

42:  (X.S.)  1144. 

52:(X.S.)505. 

114. 1917D,  745. 

117 38 :  (X.S.)1195. 

1917F,  597. 

129 26 :  (X.S.)99. 

159 25 :  (X.S.) 60. 

167 40:  (X.S.)102. 

172 1915E,  496. 

177 21 :  (X.S.)  178. 

39:  (X.S.) 744. 

1917C,  1153. 

204 1917E.  886. 

216 23 :  (X.S.)564. 

25:  (X.S.)  574. 

1916B,  890. 
352 12:  (X.S.)831. 

21:  (X.S.)  972. 

49:(X.S.)135. 

404 22:  (X.S.)llOO. 

415 41 :  (X.S.)559. 

432 34:  (X.S.)637. 

443 27 :  (X.S.)735. 

463 1915C.  396. 

640 .  .24:  (X.S.)735. 

706 37  :  (X.S.)409. 

1915A,  715. 
722. 
736 28 :  (X.S.)593. 

32:  (X.S.)  240. 

48:  (X.S.)  1221. 

842 24 :  (X.S.)1057. 

845 20:(X.S.)958. 

857 ' 48:  (X.S.) 840. 

897 1917E,  397. 

925 44 :  (X.S.)359. 

928 39:  (X.S.I 563. 

992 21:  (X.S.)S36. 

44:  (X.S.)  161. 

1043 47 :  (X.S.)1221. 

1051 25:  (X.S.)1215. 


546 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


10  L.R.A.(N.S.)— cont'd. 

1061 34:(N.S.)1221. 

1155 1916C,  343. 

11  L.R.A.  (N.S.) 

!)2 49 :  (N.S.)853. 

166 1917F,  172. 

182 48:(X.S.)440. 

202 1917C,  782. 

368 1» :  (X.S.)143. 

30:  (N.S.)  580. 

41:  (N.S.)  1034. 

372 35:  (N.S.)1113. 

417 30:  (N.S.)176. 

34:  (N.S.) 34. 
432 50:  (N.S.)432. 

1917D,  648. 
449 25:  (X.S.)  1220. 

43:  (N.S.)  137. 

497 49:  (N.S.)305. 

504 34 :  (N.S.) 804. 

48:(N.S.)919. 

1916D,  1227. 
550 23:  (N.S.)  1020. 

29:  (N.S.) 745. 

554 17:  (X.S.)477. 

557 1915D,  1218. 

561 .28 :  (N.S.) 566. 

30:(N.S.)409. 

19156,685. 

616 29:  (N.S.)905. 

653 31:  (N.S.)670. 

676 .28:  (N.S.)436. 

713 43 :  (N.S.)730. 

748 16 :  (N.S.)445. 

52:(N.S.)377. 

789 28:  (N.S.)450. 

818 46:  (N.S.)669. 

825 24:  (N.S.)840. 

930 28:  (N.S.)757. 

37:(N.S.)1115. 

940 22:  (N.S.)2. 

948 23:  (N.S.)824. 

1915D,  355. 

973 41 :  (N.S.)524. 

996 46:  (N.S.)392. 

1018 21 :  (X.S.)1005. 

1917A,  719. 

1028 46-5(X.S.)325. 

1060 42:  (N.S.)  1041. 

1082 17 :  (N.S.)SOO. 

26:  (N.S.)  179. 

28:(N.S.)753. 

43:  (N.S.) 355. 
1092 33 :  (X.S.^969. 

50:(N.S.)195. 

1917B,  15. 
1119 32:  (X.S.)616. 

47:  (N.S.)  1058. 

1157 1916A,  1143. 

1170 34 :  (N.S.)924. 

43:  (X.S.)  131. 
1186 20 :  (N.S.)498. 

1916F,  393. 

12  L.R.A.(N.S.) 

102 20:  (N.S.)933. 

44:(N.S.)1160. 

112 40:  (N.S.)935. 

(drains  or  sewers)  . .  1915A,  129. 
131 22 :  (N.S.)  190. 


12  L.R.A. (N.S.)— cont'd. 

188 38:(N.S)ni3. 

52:  (N.S.) 207. 

240 26:(N.S.)159. 

267 27 :  (N.S.)168. 

37:(N.S.)976. 

49:(N.S.)415. 

319 46:  (X.S.)537. 

355 1917C,  553. 

382 20 :  (N.S.)  1110. 

39:(X.S.)20. 
389 27 :  (X.S.)425. 

1915E,  356. 
403 23 :  (N.S.)  1003. 

44:  (N.S.) 080. 

UUtJF,  890. 
449 26:(N.S.)1207. 

42:(X.S.)176. 

1910D,  82f,. 
(454) 15:  (X.S.)160. 

1910D,  827. 
461 20:  (X.S.)876. 

48:  (X.S.) 607. 

479 43:  (N.S.)  1128. 

519 20 :  (X.S.)  1095. 

23:  (X.S.)  192. 

38:  (X.S.)  101. 

19150,877. 

526 49:  (X.S.)166. 

537 42 :  (X.S.)915. 

1915E,  400. 

568 1917C,  24».i. 

575  (576) 43:  (X.S. )  1109. 

(616) 191513,851. 

643 32:  (X.S.)792. 

61:  (X.S.)  778. 

670 25:  (X.S.)356. 

711 1915D,  1205. 

717 20:  (X.S.  ,!»:,4. 

721 24:  (N.S.)13'». 

748 49:  (X.S. 

760 13 :  (X.S.)615. 

1910C.376. 
768 35:  (X.S.)563. 

50:(X.S.)510. 

19160,211. 
831 21 :  (X.S.) 'J72. 

49:  (X.S.)  135. 
853 1!> :  (X.S.)717. 

23:(X.S.)954. 
861 23 :  (N.S.)960. 

1916F,  1227. 

881 48:  (X.S.)205. 

895 26:  (X.S.)237. 

935 1916D,  610. 

946 191f>A.  100. 

956 24:  (X.S.)514. 

42:(X.S.)379. 

1019 1915E,  172. 

1021 1916E,  828. 

1040 47 :  (X.S.)84. 

1100 28:  (N.S.)992. 

1915D,  S.VJ. 
1125 30 :  (N.S.)  1084. 

51:  (N.S.)  1082. 
1130 26:  (N.S.)242. 

35:  (N.S) 628. 

40:  (X.S.) 893. 

51:  (X.S.) 361. 

1915F,830. 
1190 22:  (N.S.)lllO. 

51:  (X.S.)  151. 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


547 


12  L.R.A.(N.S.)— cont'd. 

1201 23:  (N.S.)H51. 

1207 33:  (N.S.)773. 

13  L.R.A.(N.S.) 

146 39:(N.S.)46. 

159 33 :  (N.S.)386. 

173 21:(N.S.)417. 

185 50:  (N.S.)239. 

222 34:  (N.S.)758. 

1915E,  161. 
226 20 :  (N.S.)816. 

1915C, 571. 

244 19150,467. 

258  (personal  encounter)  1917C,  199. 
283 25:  (N.S.)407. 

1916C, 1022. 

298 1915D,  196. 

314 19170,476. 

384 49 :  (N.S.)  1011. 

481 43 :  (N.S.)IOSO. 

490 1915B,  144. 

561 16:  (N.S.)963. 

43:(N.S.)187. 

1915F,  1125. 
572 45:  (N.S.)382. 

1916B,  630. 
591 34:  (N.S.)874. 

42:  (N.S.)  793. 
601 29:  (N.S.)808. 

1916C,  364. 
620 27 :  (N.S.)128. 

31:  (N.S.)  338. 

629.' 30:  (N.S.)1164. 

668  (670) 30:  (N.S.)SOO. 

40:  (N.S.)  832. 

51:(N.S.)337. 
687 40:  (N.S.)832. 

51:  (N.S.) 337. 
697 29 :  (N.S.)709. 

47:  (N.S.)  173. 

716 J 1915B,  875. 

725 28:  (N.S.)607. 

758 30:  (N.S.)720. 

781 51 :  (N.S.)646. 

811 45:  (N.S.)664. 

884 1916F,  444. 

889 1915F,  444. 

905 34:  (N.S.)506. 

52:  (N.S.)  1038. 

916 1915D,  843. 

1013 34 :  (N.S.)240. 

1024 25:  (N.S.)376. 

52:(N.S.)230. 
1066 34:  (N.S.)466. 

50:(N.S.)1013. 
1071 34:  (N.S.1469. 

1917E,  823. 

1105 45:(N.S.)75. 

1122 16:  (N.S.)816. 

25:(N.S.)33. 

38:(N.S.)973. 

1126 39 :  (N.S.)217. 

1158 50:  (N.S.)858. 

1166 20:  (N.S.)686. 

1915A,  325. 

121-1 45:  (N.S.)372. 

1219  (1244) 32:  (N.S.)  1090. 

(1252) 20:  (N.S.)732. 

14  L.R.A.  (N.S.) 

49 37:  (N.S.)  993. 


14  L.R.A.(N.S.)— cont'd. 

155 46:  (N.S.)  557. 

185 1917A,  127. 

216 21 :  (N.S.)93. 

26:  (N.S.)  382. 

33:(N.S.)79. 

37:  (N.S.)  834. 

47:(N.S.)662. 

1916A,  957. 

251 48:  (N.S.)946. 

284 32:  (N.S.)715. 

42:  (N.S.)  1073. 

1916F.696. 
293  (stopping)    17:  (N.S.) 823. 

29:  (N.S.)  159. 

44:(N.S.)478. 

(speed)  1917F,1187. 

312 20:  (N.S.)426. 

330 33:(N.S.)983. 

346 24:  (N.S.)369. 

400 38 :  (N.S.)351. 

443 27:  (N.S.)439. 

448 19170,774. 

464 34:  (N.S.)283. 

476 42:  (N.S.)122. 

488 1915F,  771. 

499 49 :  (N.S.)300. 

507 28:  (N.S.)234. 

514 1916D,613. 

526 43:  (N.S.)901. 

548 1916E,  1273. 

561 23 :  (N.S.) 492. 

586 24:  (N.S.)1257. 

42:  (N.S.) 840. 

1917A,  1295. 
603 32:  (X.S.)306. 

1915D,  817. 

648 39 :  (N.S.)  1055. 

663 1917B,  252. 

674 , 19170, 1014. 

689  (714) 1916B,  965. 

(763) 33:(N.S.)751. 

862 46:(N.S.)38. 

893 32:  (N.S.)867. 

910 1915A,  679. 

914 29:  (N.S.)851. 

937 37 :  (N.S.)291. 

972 45:  (N.S.)707. 

998 31:  (N.S.)667. 

1915D,  962. 
1003 25:  (N.S.)840. 

1915A.491. 
1025 30:  (N.S.)375. 

1916E,  248. 

1036 24:  (N.S.)321. 

1062 1915A,  757. 

1067 37 :  (N.S.)953. 

1090 1915B,  298. 

1128 19150,  734. 

1188 23:(N.S.)938. 

19170,  882. 
1242 38:  (N.S.)204. 

1915B,  1119. 
1259 32 :  (N.S.)  1190. 

15  L.R.A.(N.S.) 

61 32:(N.S.)1078. 

73 1917A.1213. 

94 24:  (N.S.)408. 

'  108 25:  (N.S.)  1001. 

129 42:  (N.S.)151. 


548 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


15  L.R.A.(N.S.)— cont'd. 

134 29:  (N.S.)240. 

52:(X.S.)267. 

156  (161) 1917C,  1172. 

206 25 :  (N.S.)  1241. 

214 32:  (X.S.)598. 

254 23:  (X.S.)1224. 

272 34:  (N.S.)  1050. 

277 19 :  (X.S.)374. 

49:  (N.S.) 250. 

313  (330) 1915E,  563. 

350 27:  (N.S.)255. 

35:  (N.S.) 549. 

51:(N.S.)1097. 

402 27:  (N.S.)124. 

425 52:  (N.S.)260. 

443 20:(N.S.)500. 

25:  (N.S.)  708. 

466 38:  (X.S.)752. 

479 45:  (X.S.)841. 

509 1915E,  989. 

519 1917A,148. 

523 35:  (X.S.)592. 

535  (541) 33:  (N.S.)  1061. 

594 1916F,  691. 

686  (687) 38:(X.S.)1162. 

701 28:  (X.S.)648. 

1916D,  301. 
715 26 :  (X.S.)483. 

1917D,  690. 
747 .23:  (N.S.)691. 

33:(X.S.)325. 

47:(X.S.)673. 

775 1916E,  898. 

790 1915D,305. 

819 1915E,  991. 

840  (845) 17:(X.S.)758. 

868 31:  (X.S.)783. 

34:  (N.S.) 737. 

884 1917F,472. 

983 42:(N.S.)107. 

1013 39 :  (N.S.)671. 

1019 51:(N.S.)358. 

1025 1915F,  554. 

1055 28 :  (N.S.)104. 

1115 46:  (N.S.)484. 

1178  (1184) 35:(N.S.)755. 

(1215) 27 :  (N.S.)340. 

1267 29:  (X.S.)250. 

1272 41:  (X.S.)181. 

16  L.R.A.(N.S.) 

49 33 :  (N.S.)844. 

85 18 :  (N.S.)  707. 

32:  (N.S.)  748. 
1917E,  391. 

98 34 :( N.S.)  940. 

1915E,  186. 

121 52:  (X.S.)877. 

128 27:  (X.S.)181. 

146 21:  (X.S.)601. 

177 1916E,1082. 

214 1917E.4. 

227 30 :  (X.S.)552. 

52:  (X.S.) 754. 

236 43 :  (N.S.)575. 

285 1916D,  1299. 

353 33:  (X.S.)960. 

48:  (X.S.)  198. 

445 52 :  (X.S.)377. 

470 47 :  (X.S.)  1190. 

489 19170,324. 


16  L.R.A.(N.S.)—  confd. 

494 42:  (X.S.)577. 

527 1916A,  930. 

585 42:  (X.S.)872. 

631 27:(X.S.)537. 

49:(X.S.)67. 

660 52:  (X.S.)153. 

672 19:  (N.S.)  1056. 

35:  (X.S.) 575. 

36:(X.S.)33. 

42:(X.S.)643. 

691 1915A,  616. 

742 43:  (X.S.)332. 

746 28:  (X.S.)615. 

1915F, 1076. 

777 1915B,358. 

786 20 :  (N.S.)321. 

33:(X.S.)419. 

794 24 :  (X.S.)475. 

807 1916A,<J7± 

816. 25:  (X.S.)33. 

38:  (X.S.) 973. 

829 26 :  (X.S.)696. 

860 1915D.941. 

870  (terminal  office  closed) 

24:  (X.S.)  1283. 

874 1915D.397. 

878 33 :  (X.S.) 738. 

49:(X.S.)132. 

886 1915F,  888. 

890 40:  (X.S.)133. 

1915C,  605. 

918 1917A,683. 

931 1915F,  577. 

935 25:  (X.S.)938. 

963 43 :  (X.S.)  187. 

1915F,  1125. 

1020 1915F,  979. 

1026 1915D,  838. 

1035 21 :  (X.S.)83. 

1055 23:  (X.S.)123. 

1916F,694. 

1058 1917F,  547. 

1132 52:  (X.S.)668. 

1136 31 :  (X.S.)1186. 

17  L.R.A.(N.S.) 

124 1916C,  1097. 

162 35:(N.v   787. 

1917F, 760. 

210 23:  (X.S.)982. 

244 27 :  (X.S.)  1032. 

52:(X.S.)919. 

276 39:  (X.S.)423. 

287 44:  (X.S.)236. 

353 23:  (X.S.) 515. 

30:(X.S.)1173. 
364 29:  (X.S.)802. 

42:  (X.S.) 984. 

385 1917F,  »7.">. 

431 1917E,  520. 

439 30:  (X.S.)7S3. 

43:  (X.S.)  911. 

51:(X.S.)959. 

514    38:(X.S.)1111. 

594 1917E.  1049. 

002 24 :( X.S.)  1121. 

609 1915D,  719. 

650 23:  (X.S.)331. 

25:(X.S.)465. 

37:(X.S.)193. 

1915A,  369. 


TABLE  OF  SUPPLEMENTED  L.R.A.  1SOTES. 


549 


17  L.R.A.(N.S.)— cont'd. 

607 51:  (N.S.)279. 

'  684 40:  (X.S.)875. 

688 1916D,307. 

702 24:  (N.S.)375. 

707 19 :  (X.S.)446. 

27:(N.S.)379. 

733 51:(X.S.)817. 

773 40:  (X.S.)913. 

788 38:  (N.S.)175. 

800 26:(X.S.)179; 

28:(N.S.)753. 
43:(N.S.)355. 

808 26:  (N.S.)248. 

821  (823) 29:(X.S.)159. 

44:(X.S.)478. 

841 29:  (X.S.)886. 

898 49:  (X.S.)955. 

910 1915E,943. 

925 27:  (X.S.)690. 

935 40:  (X.S.)639. 

1019 32:  (N.S.)1075. 

1025 49 :  (N.S.)958. 

1054 40:  (X.S.)48. 

1100 38:(X.S.)770. 

1135 • 48:  (N.S.)294. 

1140 1915B,  645. 

1144 43:  (N.S.)725. 

1916F,  171. 
1157  (moving  pictures)  .  .30:  (N.S.)465. 

1167 30:  (N.S.)1207. 

48:(N.S.)531. 

1226 41 :  (N.S.) 745. 

1236 38 :  (X.S.)286. 

18  L.R.A.(N.S.) 

77 1915B,  1140. 

109 27:  (N.S.)319. 

156 32 :  (N.S.)554. 

197 25:  (N.S.)1226. 

31:(N.S.)455. 

1915C, 758. 

214 1917B,  257. 

226 52:  (N.S.)211. 

231 25:(N.S.)930. 

47:  (N.S.)  830. 

244 52:(N.S.)91. 

250 52:(N.S.)97. 

253 1916C,  1017. 

260 25:(X.S.)228. 

288 1917C,  306. 

295 29:(N.S.)834. 

300 34:(X.S.)360. 

328 38:  (N.S.)754. 

409 34:(X.S.)141. 

451 32:  (X.S.)303. 

44:(X.S.)57. 

1916F,.864. 

458 46:  (X.S.)790. 

478 22:  (X.S.)969. 

47:(X.S.)113. 

580 1915D,  438. 

585 42:  (X.S.)1131. 

600 43:(X.S.)977. 

647 1917B,  1032. 

660 45:  (X.S.)1068. 

695 1915B,435. 

707 32:  (X.S.)748. 

1917E,  391. 

713 32:(X.S.)049. 

768 50:(X.S.)1077. 

902 44:(X.S.)372. 

956 1917D,  1059. 


18  L.R.A. (N.S.)— cont'd. 

1167 34:  (X.S.)495. 

1205.  .  . .' 39:  (X.S.)1156. 

1221 32:(X.S.)1173. 

52:(X.S.)241. 

1252 1917A,37. 

1259 .29:  (X.S.)770. 

19  L.R.A.(N.S.) 

88 33:(X.S.)676. 

143 30:(X.S.)580. 

161 39 :  (X.S.)481. 

167 1916F,  427. 

269 37:  (X.S.)259-. 

297 28 :  (X.S.)265. 

340 28:  (X.S.)1267. 

374 49:(X.S.)250. 

377 44:  (X.S.)1209. 

391 46:  (X.S.)1157. 

446 27:(X.S.)379. 

475 49:  (X.S.)277. 

483 31 :  (X.S.)1166. 

507 49:  (X.S.)844. 

(510,  519) 46:  (X.S.)330. 

(516) 20:(X.S.)635. 

(517) 20:(X.S.)646. 

51:(X.S.)1077. 

526 42:  (X.S.)242. 

561 27 :  (X.S.)966. 

48:(X.S.)893. 

599 1917E,  1040. 

607 1915F,  673. 

618 1915E,  800. 

623 1917E,415. 

646 22:  (X.S.)634. 

33:(X.S.)646. 

42:(X.S.)1229. 

49:(X.S.)472. 

662 39:  (X.S.)1104. 

693 31 :  (X.S.)319. 

700 25:  (X.S.)727. 

717 23:  (X.S.)954. 

733 49 :  (X.S.)889. 

759 21 :  (X.S.)344. 

772 32:  (X.S.)713. 

42:(X.S.)1070. 
1915F,  690. 

835 28 :  (X.S.)673. 

1915C,  359. 

874 51:  (X.S.)398. 

883 46:  (X.S.)1021. 

887 25:  (X.S.)384. 

1917F,  270. 

910 ,....19170,9. 

923 48:  (X.S.)213. 

1916B,  879. 

938 31:  (X.S.)743. 

952 1915C,  1221. 

964 23 :  (X.S.)497. 

34:(X.S.)773. 
1917C,  935. 

1006 34:  (X.S.)818. 

1916A,  1273. 

1034 37:  (X.S.)912. 

1039 1917D,  382. 

1056 36:(X.S.)33. 

42:(X.S.)643. 

1094  (1139,  road  vehicles)  50:  (X.S.)1147. 
(walls,  fences,  etc.)  .1915D,  160. 

(1143) 47:(X.S.)1101. 

(wreck) 1917F,  1031. 

(fire)  1917F,  1036. 


550 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


19  L.R.A.(N.S.)— cont'd. 

1178 45:(N.S.)98. 

20  L.R.A.(N.S.) 

110 1915B,  173. 

133 33 :  (N.S.)109. 

146 19160,564. 

155 43:  (N.S.)792. 

160 1915E,  917. 

185 30:  (N.S.)291. 

42:  (N.S.) 332. 

208 39:(N.S.)1107. 

19160,  676. 

232 38:  (N.S.)488. 

42:(X.S.)1179. 
51:(N.S.)992. 

239 34:  (N.S.)573. 

42:(N.S.)720. 

261 41 :  (N.S.)315. 

264 1915F,  880. 

298 42 :  (N.S.)  1160. 

321 33:  (N.S.)419. 

337 26 :  (N.S.)llO. 

350 1916E,  1179. 

361 1915E,131. 

421 30:(N.S.)73. 

473 41 :  (N.S.)49. 

484 37 :  (N.S.)539. 

1915D,  1118. 

498 1916F.393. 

500 25 :  (N.S.)  708. 

42:  (N.S.)  624. 
1915F,  1082. 

513  (grade) 51 :  (N.S.)214. 

(553) 1915E.597. 

(593) 40:  (N.S.)94,182. 

(598-600,627-629)  .1916F,  708. 

(607,  649) 39:  (N.S.)405. 

(635) 43 :  (N.S.)H16. 

(632,  640,  641) 29 :  (N.S.)  180. 

43:  (N.S.)  H58. 
1916A,  486. 

(646) 51:  (N.S.)1077. 

(656) 39:  (N.S.)  1167. 

(676) 1917D,756. 

(686) 1915A,  325. 

(738) 35:  (N.S.)840. 

(753) 34:  (N.S.)118. 

1916B.  947. 

769 40 :  (N.S.)1191. 

785 30:  (N.S.)623. 

809 31 :  (N.S.)951. 

816 19150,571. 

848 35 :  (N.S.)491. 

40:  (N.S.) 464. 

872 19170, 324. 

876 48:(N.S.)667. 

886 25:  (N.S.)645. 

894 25:(N.S.)645. 

933 44:  (N.S.)  1160. 

938 35:  (N.S.)840. 

980 1916F,  1218. 

996 49:  (N.S.)1159. 

1007 36:  (N.S.)115. 

1917C,  63. 

1050 47:(X.S.)137. 

1065 33 :  (X.S.)491. 

1095 23:  (X.S.)192. 

38:(X.S.)101. 
19150, 877. 

1110 39 :  (X.S.)20. 

1133 1917A,74. 


20  L.R.A.  (N.S.) —cont'd. 

1146 26 :  (N.S.)895. 

46:  (N.S.)  759. 

1917B,  974. 
1164 42 :  (N.S.)735. 

21  L.R.A.(N.S.) 

1 43:(N.S.)813. 

23 32:(N.S.)1186. 

41:(X.S.)407. 

52 19166,802. 

75 1917A,  1155. 

81 35:  (N.S.)658. 

93 26:  (N.S.)382. 

33:  (N.S.)  79. 

37:  (N.S.) 834. 

47:(N.S.)<it>-2. 

1916A,  957. 
115 28 :  (X.S.)554. 

39:(X.S.)402. 

19150,  450. 

164 1917E,  1097. 

178 39:(N.S.)744. 

19170, 1153. 

228 39:  (N.S.)1007. 

263 1916E,  1150. 

265 1916D,  458. 

277 32:  (X.S.)940. 

1917F,  861. 

283 48:  (N.S.)823. 

349 35:  (X.S.)  1079. 

40:  (N.S.)  1207. 
354 22:  (N.S.)  741.. 

19150, 181. 

456 1915F,  572. 

525 191<»n.  2<;<i. 

614 48:  (N.S.)628. 

679 25:  (X.S.)1285. 

1916A,  666. 

683' 1915D,  1126. 

731 28 :  (N.S.)  139. 

735 34:'(N.S.)998. 

1917A,  1220. 

755 42:  (N.S.)298. 

774 26:  (N.S.)509. 

794 29:  (N.S.)  924. 

46:(X.S.)702. 

823 1917B,403. 

830 1915D,  209. 

836. 44 :  (N.S.)161. 

873 1916E,  774. 

914 39:  (N.S.)  1187. 

953 39:  (N.S.)  1160. 

972 49:  (N.S.)  135. 

998 4f>:  (X.S.  )344. 

1005 1917A,  719. 

1008 24:  (N.S.)273. 

22  L.R.A.  (N.S.) 

181 35:  (N.S.)636. 

194 43 :  (N.S.)  1142. 

240 41 :  (N.S.)  1213. 

1917E,  1133. 
276 38 :  (N.S.)272. 

1915D,911. 

313 27 :  (X.S.)253. 

364 1917D,  1011. 

383 49 :  (X.S.)  57. 

486 32 :  (X.S.)62. 

42:  (X.S.)  1144. 

52:  (X.S.) 505. 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


551 


22  L.R.  A.  (N.S.)— cont'd. 

492 39:  (X.S.)151. 

1916D,  154. 

509 1915A,  860. 

534 42:  (N.S.)465. 

545 28:  (N.S.)144. 

568 . 1915B,  396. 

677 51 :  (N.S.)  1168. 

634 33:  (N.S.)646. 

42:  (N.S.)  1229. 
49:  (N.S.) 472. 

691 39:  (N.S.)307. 

741 1915C,  181. 

779 27 :  (N.S.)1164. 

40:  (N.S.)  135. 

(784,  obvious) 50:  (N.S.)  1218. 

789 1917A,  517. 

828 41 :  (N.S.) 500. 

841 28 :  (N.S.)655. 

1915F,  608. 

862 49:  (N.S.)387. 

872 -.-.49:  (N.S.)387. 

880 42:  (N.S.)741. 

910 28:  (N.S.)773. 

46:(N.S.)357. 

921 1916E,96. 

969 47 :  (N.S.)113. 

996 1917A,  294. 

1073 1915D,  830. 

1077 40:  (N.S.)242. 

1110 51:  (N.S.)151. 

1136 41 :  (N.S.)132. 

1917A,  259. 

1178 32:  (N.S.)  1043. 

1183 32:  (N.S.)848. 

1202 1916C,  740. 

1224 1915B,  1180. 

23  L.R.A.  (N.S.) 

123 • 1916F.694. 

137 30:  (N.S.)211. 

50:  (N.S.) 252. 

144 1916A,925. 

147 27 :  (N.S.)  528. 

164 27:  (N.S.)195. 

171 39 :  (N.S.)574. 

192 38 :  (N.S.)  101. 

1915C, 877. 
217 31 :  (N.S.)657. 

38:(N.S.)357. 
289 30:  (N.S.)481. 

39:  (N.S.)  122. 

43:  (N.S.)  1164. 

1915C,  1184. 

310 37 :  (N.S.)977. 

331 25:  (X.S.)465. 

37:  (N.S.)  193. 

1915A,  369. 
352 29 :  (N.S.)635. 

34:  (N.S.)  126. 

1917B,  108. 

3o9 42 :  (N.S.)  700. 

367 34:  (N.S.)323. 

410 1915A,  320. 

414 1916B,  860. 

403 1915E,  936. 

477 1917A.  446. 

497 34:  (X.S.)773. 

1917C,  935. 

515 30 :  (X.S.)  1173. 

548 25 :  (X.S.)24. 

553 1916D,  1041. 


23  L.R.A. (N.S.)— cont'd. 

561 25:  (X.S.)734. 

35:(N.S.)699. 
41:  (N.S.)  307. 
52:(N.S.)801. 
1915D,  628. 
1916E,  1225. 

564 25:  (N.S.)574. 

1916B,  890. 

601 1917D,  577. 

626 27:  (N.S.)287. 

633 47 :  (N.S.)  1149. 

636 42:  (N.S.)862. 

(exhibition) 1915F,  568. 

(639) 42:(N.S.)862. 

(641) 42:(N.S.)862. 

(643) 42:(N.S.)863. 

648 28:  (N.S.)490. 

29:  (N.S.) 795. 
41:(N.S.)223. 

679 28:  (N.S.) 723. 

691 33:  (X.S.)325. 

47:(N.S.)673. 

726 25:  (N.S.)382. 

42:  (X.S.) 870. 

739 1916A,  743. 

745 1915A,  502. 

751 1917D,  813. 

815 52:  (X.S.)728. 

824 1915D,  355. 

834 1916E,  236. 

849 1915C,  576. 

891 34 :  (N.S.)225. 

924 27:  (X.S.)420. 

938 1917C,  882. 

946 49:  (N.S.)677. 

960 1916F,  1227. 

968 52 :  (N.S.) 275. 

1003 44:  (N.S.)680. 

1916F,  890. 

1010 28:  (X.S.)554. 

1014 .30:  (N.S.)453. 

1020 29 :  (N.S.)745. 

1075 .41 :  (X.S.)375. 

1092 33 :  (N.S.)  1023. 

1107 39 :  (X.S.)1085. 

1208 48:  (N.S.)373. 

1218 1917C.9. 

1228 41:  (N.S.)  1119. 


24  L.R.A.(N.S.) 

103 25 :  (N.S.)  1297. 

33:(N.S.)179. 

1917C,  822. 

153 38 :  (N.S.)459. 

165 49:  (N.S.)827. 

173 1915D,  172. 

1917D,  938. 

201 34 :  (X.S.)  767. 

246 1917D.892. 

250 1917D,  892. 

268 28:  (N.S.)334. 

1917D,  1020. 

276 52:  (X.S.)583. 

279 40:  (N.S.)1142. 

432 48:  (N.S.)204. 

458 51 :  (X.S.)45. 

485 1915A.247. 

490 51 :  (X.S.)  1069. 

507 50:  (X.S.)  1171. 

514 42 :  'X.S.)379. 


552 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


24  L.R.A.(N.S.)—  cont'd. 

557 25:(X.S.)40. 

38:(N.S.)487. 

42:(N.S.)H78. 

51:(N.S.)990. 

564 47:  (X.S.)  1106. 

577 48:  (X.S.)615. 

692  (717) 30:  (N.S.)666. 

788 1915F,  992. 

913 19160,626. 

933 40:  (N.S.)473. 

991 34:  (X.S.)1137. 

1915C,  839. 

1024 1916E,  703. 

1155 1917D,  828. 

1159 1915D,  830. 

1182 1915E,  714. 

1257 42 :  (N.S.)840. 

1917A,  1295. 
1260 34:  (N.S.)1060. 


25  L.R.A.(N.S.) 

1 51:(N.S.)261. 

33 38:  (X.S.)973. 

40 38:  (N.S.)487. 

42:(N.S.)1178. 

51:(N.S.)990. 
50 30 :  ( X.S. )  694. 

44:(X.S.)156. 

1916F, 286. 

132 1916B.  651. 

180 52:  (X.S.)943. 

193 34 :  (X.S.)453. 

1916C, 263. 

239 52 :  (X.S.)465. 

247 40:  (X.S.)898. 

257 1917B,  786. 

343 1916F,  570. 

376 52:  (X.S.)230. 

382 42:  (N.S.)870. 

384 1917F,  270. 

408 1916C,  1022. 

446 48:  (X.S.)308. 

465 37 :  (X.S.)  193. 

1915A,  369. 

529 51 :  (N.S.)629. 

542 42 :  (X.S.)889. 

574 1916B.890. 

596 1915B,  1121. 

.631 1917A,  707. 

708 42:  (N.S.)624. 

1915F,  1082. 

711 1915F.  1029. 

734 35 :  (X.S.)699. 

41:(X.S.)307. 

52:(X.S.)801. 

1915D,  628. 

1916E.1225. 

758 45:  (X.S.)495. 

805 33:  (X.S.)262. 

831 52:  (X.S.)736. 

840 1915A,  491. 

842 42:  (N.S.)782. 

860 1915B,  353. 

930 47 :  (N.S.)830. 

943 52:  (X.S.)722. 

980 50:  (N.S.)465. 

1027 42 :  (X.S.)209. 

1040 .33:  (X.S.)336. 

1211 1915D,  1211. 

1220 43:  (N.S.)137. 


25  L.R.A.(N.S.)— cont'd. 

1226 31:  (N.S.)455. 

1915C,  758. 

1234 1915B,  780. 

1285 1916A,  666. 

1297 33 :  (X.S.)  179. 

1917C,  822. 
1308 1915A,  77. 

26  L.RJMN.S.) 

134 1915E.267. 

171 1915E,  788. 

179 28 :  (N.S.)  753. 

43:(N.S.)355. 

189 1916E,  582. 

226 1916D,  1078. 

242 35:  (N.S.)628. 

40:  (X.S.) 893. 

51:  (X.S.) 361. 

1915F,  830. 

294 1915B,  756. 

315 1915C,  345. 

382 33:  (N.S.)79. 

37:(N.S.)834. 

47:(X.S.)662. 

1916A,  957. 
394 1915D,  172. 

1917D,  938. 
409 51 :  (X.S.)71. 

1916F,  113. 

437 36:  (X.S.)72. 

451 30:  (N.S.)990. 

41:  (X.S.)  123. 

46:  (X.S.)  148. 

466 1915A,  138. 

483 1917D,  690. 

502 1915E.264. 

575 34:  (X.S.)762. 

603 1916C,  902, 

923, 
929. 

747 1917B.214. 

757 1917A,450. 

764 1916A,  1054. 

774 1916A,  1055. 

816 28:  (N.S.)825. 

1917E,  1083. 
895 46:(N.S.)759. 

1917B,  974. 
928  (940) 34:  (X.S.) 994. 

44:(N.S.)268. 

973  (railroads) 1915A,  129. 

993 -. 34:  (X.S.)105. 

1916A,  1218. 

1004 1915E,  955. 

1013 30:  (X.S.  1520. 

1018 1917C,  142. 

1126 1916D,  1063. 

1145 1917F.393. 

1167 1915D,  983. 

1207 42:  (X.S.)176. 

1916D,  826. 

27  L.R.A.(N.S.) 

1 1915A,444. 

(92) 44:(X.S.)164. 

128 31 :  (X.S.)338. 

157 49:  (X.S.)600. 

164 50:  (X.S.)929. 

168 37:(N*.S.)976. 

49:(X.S.)415. 
176 1915E,  1163. 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


553 


27  L.R.A.(N.S.)— cent'd. 

233 43:  (N.S.)383. 

255 35:  (N.S.)549. 

51:(N.S.)1097. 

273 1916F,  389. 

283 50:  (N.S.)421. 

333 51 :  (N.S.)328. 

357 51 :  (N.S.)  1009. 

395 51 :  (N.S.)522. 

1917A,  1285. 

425 1915E,  356. 

446 1916F,  755. 

478 45 :  (N.S.)473. 

487 44 :  (N.S.) 583. 

508 37 :  (N.S.)  1196. 

522 1915B,  247. 

537 49:(N.S.)67. 

573 1915A.768. 

639 49 :  (N.S.)927. 

674 1915D,  1086. 

677 1916D,  196. 

684 1915A.91. 

712 1916F,  1259. 

764 37 :  (N.S.)724. 

811 46:  (N.S.)1059. 

843 1916A,734. 

864 1915B,  569. 

910 39:  (N.S.)437. 

966 48:  (N.S.)893. 

972 48:  (N.S.)834. 

1009 < 1916A,  1006. 

1032 52:  (N.S.)919. 

1097 34:  (N.S.)613. 

1117 39:  (N.S.)72. 

41:(X.S.)473. 
46:  (N.S.) 921. 

1125 39:  (N.S.)43. 

1151 1917C,  245. 

1164 40:  (N.S.)135. 

28  L.R.A.(N.S.) 

1  (51-56,  79) 1916C,  1109, 

1122. 

88 1916F.1249. 

113 1916B,  812. 

152 1917F,  551. 

178 1915B,  740. 

194 46:(N.S.)9. 

200 51:  (N.S.)309. 

202 39:(X.S.)1140. 

227 1916A,  1213. 

262 43:  (N.S.)734. 

293 44:  (N.S.)257. 

50:  (N.S.)  819. 

327 1915A,  200. 

334 1917D,  1020. 

426 1917A,679. 

463 36:  (N.S.)1152. 

490 29:  (N.S.)795. 

41:  (N.S.)  223. 

405 1916F,  235. 

522 43 :  (N.S.)1150. 

536 1916B,846. 

554 39:  (N.S.)402. 

1915C, 450. 
566 30:  (N.S.)409. 

1915B,  685. 

572 52:  (X.S.)1158. 

593 32 :  (N.S.)240. 

48:(N.S.)1221. 

615 1915F,  1076. 

648 1916D,301. 


28  L.R.A.(N.S.)— cont'd. 

665 1915F.608. 

673 1915C,  359. 

675 1917B,  671. 

680 43 :  (N.S.)410. 

753 43 :  (N.S.)355. 

757 .37 :  (N.S.)  1115. 

773 46 :  (N.S.)357. 

785  (825) 1917E,  1055. 

934 1916C,  255. 

959 38 :  (N.S.)  134. 

992 1915D,  852. 

1013 1915E,  682. 

•    1045 41:  (N.S.)175. 

1053 1915D,  142. 

1108 43 :  (N.S.)746. 

1124 1917D,  372. 

1255 49:  (N.S.)517. 

29  L.R.A.(N.S.) 

49 52:  (N.S.)1032. 

60 38:  (N.S.)137. 

63 46 :  (N.S.)552. 

1917D,  632. 

100 1915A.77. 

120 34 :  (N.S.)621. 

159 44:  (N.S.)478. 

174 1916E,  1232. 

180 43 :  (N.S.)1158. 

1916A,  486. 

190 1917B,  782. 

194 1916F,  506. 

199 1915D,  243. 

240 52:  (N.S.)266. 

260  (milk) 1917C,  247. 

299 1916E,  1094. 

325 1915B,166. 

334 1917C,447. 

351 44 :  (N.S.)395. 

428 1916C,  675. 

472 39:  (N.S.)324. 

558 49:  (N.S.)764. 

577 .'..'. 41 :  (N.S.)462. 

635 34 :  (N.S.)  126. 

.    19178,108. 

652 1915E,  581. 

663 1915D.547.' 

671 1916D,  981. 

709 47 :  (N.S.)173. 

787 1917B,  683. 

795 41:  (N.S.)223. 

802 42:  (N.S.)984. 

808 1916C,  364. 

823 38:  (N.S.)1127. 

842 1915A,  67. 

887 19158,884. 

900 47:  (N.S.)693. 

924 46:  (N.S.)702. 

1179 42 :  (N.S.)320. 

1195 1915C,  1189. 

1214 1915D,  1077. 

30  L.R.A.(N.S.) 

1 46:  (N.S.)  1096. 

60 1916B,  792. 

122 1915B,  1149. 

167 47 :  (N.S.)  1002. 

211 50:  (N.S.)252. 

278 42:  (N.S.)847. 

291 42:  (N.S.)332. 

319 43:(N.S.)97. 

339 1916A,  468. 


554 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


30  L.R.A.(N.S.)— cont'd. 

375 1916E,  248. 

404 1917E,  1029. 

409 1915B,  685. 

458 33 :  (N.S.)403. 

462 1916D,  834. 

481 39 :  (X.S.)  122. 

43:(N.S.)1164. 

1915C, 1184. 

552 52:  (N.S.)754. 

580 41 :  (N.S.)1034. 

637 52:  (N.S.)889. 

694 44 :  (X.S.)  156. 

1916F, 286. 
783 43 :  (N.S.) 911. 

51:  (X.S.) 958. 
800 40:  (X.S.)832. 

51:(X.S.)337. 

829 45:  (N.S.)108. 

833 48:  (N.S.)619. 

946 51:  (N.S.)825. 

957 49 :  (X.S.)  1123. 

1917A,  433. 
990 41:  (X.S.)123. 

46:(X.S.)148. 

1001 1917C,  97. 

1084 51:  (N.S.)  1082. 

1105 44:  (N.S.)609. 

1153 52:  (X.S.)  186. 

1192 1915C,  155. 

1207 48 :  (N.S.)531. 

31  L.R.A.(N.S.) 

116  (117) 51:  (N.S.)  1143. 

132 50:  (N.S.)1040. 

176 33:  (X.S.)996. 

180 1915A,  828. 

278 1915D,  116. 

301 40 :  (X.S.)263. 

329 43 :  (N.S.)63. 

417 1916A,  762. 

423 1917C,  626. 

455 1916C,  758. 

491 1915D,  300. 

517 1915C,  648. 

543 '. 47 :  (N.S.)710. 

588 50:  (X.S.)  1182. 

619 1916B,  1039. 

657 38:  (X.S.)357. 

667 1915D,  962. 

783 34 :  (N.S.)  737. 

881 39 :  (N.S.)580. 

1916C,  1269.. 

900 1915D,  792. 

916 39 :  (N.S.)  770. 

945 ^ 34:  (X.S.)565. 

960 1915F,  866. 

991 1915E,  311. 

1118 1915B,  486. 

1137 50 :  (X.S.)566. 

32  L.R.A.(N.S.) 

62 42:  (N.S.)  1144. 

52:  (X.S.) 505. 

72 48 :  (N.S.)420. 

229 43 :  (X.S.)145. 

240 48:  (X.S.)1221. 

303 44 :  (N.S.)57. 

1916F,  864. 

306 1915D,  817. 

313 1916C,  608. 

355 1917F,  774. 


32  L.R.A.  (N.S.)— cont'd. 

515 51:  (N.S.)346. 

526 52:(X.S.)791. 

559  (566) 41:  (X.S.)274. 

588 1916.E,  905. 

604 1917F,  1064. 

616 47 :  (X.S.)1058. 

622 1915B,  389. 

713 ..  % 42 :  (X.S.)  1070. 

740 1915E.413. 

748 1917E,  391. 

785 1D17F,  765. 

792 51 :  (X.S.) 778. 

809 1915E,  1023. 

841 1915A,  504. 

845 1915B,  189. 

881 48:  (N.S.)974. 

940 1917F,  861. 

968 1915E,  766. 

1034 1915F,  1009. 

1046 38:  (NJS.)982. 

1173 52:  (X.S.)241. 

1181 1917F,  1085. 

1186 41 :  (X.S.)407. 

1201 1915E,  668. 

33  L.R.A.(N.S.) 

79 37 :  (X.S. )  834. 

47:(N.S.)662. 

1916A,  957. 
81 37 :  (X.S.) 834. 

47:  (X.S.) 662. 

1916A,957. 
112 :i!>:iX.--.    -Jl-J. 

1915C,  1169. 

179 1917C,  82:!. 

196 47 :  (X.S.)932. 

207 51:  (X.S.)369. 

230 45:  (X.S.)228. 

1916C,  676. 

236  (238,  243) 44:  (X.S.) 420. 

291 .1915D,  621. 

325 47:  (X.S.)673. 

401 , 1917C,  252. 

426 1915D,  1184. 

513  (insurance) 47:  (X.S.)294, 

295 

523 1915C,  435. 

592 50:  (X.S.)991. 

(602) 44:  (X.S.)422. 

632 1916A,  474. 

639 1916B,944. 

646 42 :  (X.S.)  1229. 

49:  (X.S.) 472. 

706 38:(X.S.)867. 

738 49:  (X.S.)132. 

759 43 :  (X.S.) 994. 

804 1916F,  407. 

883 1915A,  521. 

960 48:  (X.S.)198. 

969 50 :  (X.S.)  195. 

1917B,  15. 
1042 1915D,  524. 

34  L.R.A.(N.S.) 

58 1915B,  834. 

105 1916A,  1218. 

109 52 :  (X.S.)385. 

118 1916B,  947. 

126 1917B,  108. 

211 1917A,  1016. 

261 38 :  (X.S.)40. 


TABLE  OF  SUPPLEMENTED  L.R.A.  NOTES. 


555 


34  L.R.A.(N.S.)—  cont'd. 

277 1915A.580. 

299 1915E,  320. 

309 1917D,  657. 

351 1915C,  809. 

445 52:  (N.S.)1203. 

454 1916C,  263. 

466 50:  (N.S.)1013. 

469 1917E,  823. 

506 52 :  (X.S.)  1038. 

573 42:  (N.S.)720. 

€50  (milk) 1917C,  244. 

758 1915E,  161. 

773 19170,935. 

798 48 :  (N.S.)917. 

1916D,  1224. 

818 1916A,  1273. 

874 42:  (N.S.)793. 

924 43 :  (N.S.)  131. 

940 1915E,  186. 

977 19150,649. 

984 19150,649. 

9!)4 44:  (N.S.)268. 

998 1917A,  1220. 

1036 44:  (X.S.) 299. 

1080 1917F,  362. 

1106 1915E,  421. 

1137 19150, 839. 

35  L.R.A.(N.S.) 

1  (64) 1915A.899. 

167 !52:  (X.S.)991. 

175 1916F,782. 

190 48:  (X.S.)903. 

251 1916D,  143. 

292 19170, 1143. 

385 1917D,  942. 

390 1915B,  472. 

485 .49:  (N.S.)147. 

491 40:  (N.S.)464. 

549 51 :  (N.S.)1097. 

563 50:  (N.S.)510. 

1916D,  211. 

574  (575) 36:(N.S.)33. 

42:  (N.S.) 643. 

628 40:  (X.S.)893. 

51:(N.S.)361. 
1915F,  830. 

699 41 :  (X.S.)307. 

52:  (N.S.) 801. 
1915D,  628. 
1916E,  1225. 

787 .  1917F,  760. 

795 1917D.574. 

802 41 :  (N.S.)  111. 

51:  (N.S.)  632. 
1917  A,  1260. 

870 1917E,  730. 

879 1917D,  1027. 

979 : 1916A,  660. 

1046 1917A,62. 

1054 1915A,  789. 

1066 38:  (N.S.)420. 

1079 40:  (X.S.)  1207. 

1084  (1085) 19160,  570. 

1159 1917D,  976. 

1210 49:  (N.S.)  1108. 


36  L.R.A.  (N.S.) 

33 42:(N.S.)643. 

50 1915D,  884. 


36  L.R.A. (N.S.)— cont'd. 

98  (99, 102) 1915C,  729. 

115 19170,63. 

124 45:  (X.S.)465. 

185 52 :  (N.S.) 760. 

208 37:  (N.S.)  1191. 

51:  (N.S.)  726. 

240 51:  (N.S.)319. 

244 1917B,  190. 

308 : 47 :  (N.S.)981. 

313 51:  (N.S.)428. 

341 51 :  (N.S.)234. 

354 1915D,  204. 

530 1915D,  215. 

547 19170, 128. 

673  (722) 40:  (N.S.)254. 

866 51:  (N.S.)  1040. 

1915E.986. 

997 1915B,  134. 

1045 52:  (N.S.)402. 

1158 1916F,  1291. 

1194 1915A,  382. 

1211 51:  (N.S.)873. 


37  L.R.A.(N.S.) 

12 1917A.328. 

79 19160,1011. 

193 1915A,  369. 

206  (207) 1916E,  1163. 

267 1916B,  1183. 

400 1917D,  821. 

409 1915A,  715, 

722. 

440 52:(N.S.)949. 

1915D.322. 

518 1916E,  767. 

539 1915D,  1118. 

560 1915E,  287. 

618 19150,  456. 

724 49:  (N.S.)810. 

754 52:  (X.S.)1154. 

834 47  :  (X.S.)662. 

1916A.957. 

877 1917D,  316. 

976 49 :  (N.S.)415. 

1058 1917E,  437. 

1191 51 :  (N.S.)726. 

1217 1916E,  742. 

38  L.R.A.(N.S.) 

62 47:  (N.S.)  1214. 

72 42:  (N.S.)1073. 

1915F.698. 

101 19150,877. 

120 1915A,  541. 

146 1917F.603. 

161 1915B,  87. 

204 1915B,  1119. 

258 1915B,  1202. 

272 1915D,  911. 

487 42:  (N.S.)  1178. 

51:  (N.S.)  990. 

497 s 1916E,  445. 

508 1915A,  1137. 

559 19150,870. 

(crim.  con.) 46 :  (N.S.)  1084. 

571 1915E,  152. 

588 19160,  618. 

847 1917E,  372. 

891 51 :  (X.S.)251. 

913 52:  (X.S.)207. 


556 


TABLE  OF  SUPPLEMENTED  L.R.A.  XOTES. 


38  L.R.A.(N.S.)— cont'd. 

1139 44:  (X.S.)420. 

1195 1917F,  597. 

39  L.R.A.(N.S.) 

72 41:  (X.S.)473. 

46:(X.S.)921. 

122 43:  (X.S.)1164. 

1915C,  1184. 

151 1916D,  154. 

242 1915C,  1169. 

350 1915B,  1058. 

370 1915D,  130. 

374 1916B,  974. 

385 1917B,  743. 

402 19150,  450. 

411 43:  (X.S.)  954. 

580 1916C,  1269. 

744 1917C,  1153. 

747 1915C,  823. 

901 19150,874. 

933 48 :  (X.S.)424. 

988 1915B,  154. 

1015 1917D,  586. 

1032 .1915A,  606. 

1088 19150,  328. 

1107 19160,  C76. 

1182 1915E,  618. 

40  L.R.A.(N.S.) 

133 19150,605. 

177 1915E.  564. 

360 .  . . ; 1917D,  732. 

457 44:  (N.S.)113. 

51:(N.S.)1164. 

480 1915B,  481. 

488 .1917B,  693. 

498   (after  notice  of  in- 
tention to  quit) 1915A,  235. 

585 1916D,  1276. 

798 45:  (X.S.)120. 

832 51:  (X.S.)337. 

893 51 :  (N.S.) 361. 

1915F,  830. 

935  (drains  or  sewers)  . .  1915A,  129. 

1095 1915F,  955. 

1165 1916F,  86. 

41  L.R.A.(N.S.) 

Ill 51:  (X.S.)632. 

1917A,  1260. 

123 46 :  (N.S.)  148. 

132 1917A,  259. 

307 52:  (X.S.)801. 

191 5D,  628. 

1916E,  1225. 

473 46:  (X.S.)921. 

683 1916B,  827. 

775 50:  (X.S.)59. 

1916F,  223. 

1917F,  365. 

799 1915B,  621. 

958 191 6E,  280. 

1009 19150.  661. 

1213 1917E,  1133. 

42  L.R.A.(N.S.) 

fiO 1915B,  505. 

102 1917B,  926. 

106 1917B,  926. 

176 1916D,826. 


42  L.R.A.(N.S.)— cont'd. 

267 1915F,  973. 

1917D,  756. 

286 1917D,  678. 

546 1915A,  654. 

624 1915F,  1082. 

840 1917B,  1295. 

862  (864) 1915F,  568. 

876 48:  (X.S.)827. 

915 1915E,  460. 

1070 1915F,  690. 

1101 1915A,  694. 

1916E,  1173. 

1123 44:  (X.S.)  1030. 

19150, 981. 

1144 52:  (X.S.)505. 

1155 1915E,  794. 

1178 51 :  (X.S.)990. 

1229 49:  (X.S.)472. 

43  L.R.A.(N.S.) 

109 1916A,  717. 

162 1915F.951. 

187 1915F,  1125. 

262 19170,  236. 

447 1916E,  448. 

725 1916F,  171. 

806 1915E,  281. 

862 1915E,316. 

911 51 :  (X.S.)959. 

916 1917D,  627. 

961 1916E,253. 

1037 19150,747. 

1066  (1072) 19170,  254. 

1080 1915F,  S!i4. 

1158 191-.5A,  486. 

1164 19150, 1184. 

44  L.R.A.(N.S.) 

57 1916F.  864. 

70  (liability  insurance)  51:(X.S.)584. 
1915E,  580. 
191 7  F,  61 5. 

(theft) 51 :  (X.S.) 584. 

1915E,  579. 
1917F,  543. 

(accident) 51 :  (X.S.)  583. 

1915E,  575. 

(fire) 51:(X.S.)584. 

1915E,  576. 

113 51:  (X.S.H164. 

156 1916F,  286. 

257 50:  (X.S.)819. 

680 1916F,  890. 

1030 191.50,  981. 

1069 1915E,336. 

45  L.R.A.(N.S.) 

228 19160,676. 

314 48:  (X.S.)561. 

382 191f>R,630. 

391 19K5F.  1246. 

.       625 1917B.334. 

629 47 :  (X.S.)  1167. 

46  L.R.A.(N.S.) 

308 1915D,  1095. 

517 1916D,  1193. 

552 1917D,632. 

561  (as  insurance) 47  :  (X.S.)296. 

759 1917B,  974. 

990 1917A,442. 


TABLE  OF  SUPPLEMENTED  L.R.A.  MOTES. 


557 


46  L.R.A.(N.S.)— cont'd. 

1043 1916F,215. 

1049 50:  (N.S.)489. 

47  L.R.A.(N.S.) 

38 1915C,47. 

662 1916A,  957. 

730 1916F.101. 

1087 1915D,  684. 

48  L.R.A.(N.S.) 

65 1915D,  1099. 

213 1916B,  879. 

917 1916D,  1224. 

987 1915C,48. 

49  L.R.A.  (N.S.) 

438 1917F,  1060. 

1123 1917A,  433. 

50  L.R.A.(N.S.) 

59 1916F,  223. 

1917F,  365. 

195 1917B,15. 

227 1<J16D,  1102. 

432 • 1917D,  648. 

510 1916D,211. 

652 1916E,  759. 

1917E,  1083. 
1100 1916E,  1193. 

51  L.R.A.(N.S.) 

08 1916F,  113. 

361 1915F,  830. 

522 1917  A,  1285. 

583  (accident  insurance)  1915E,  575. 

(fire)  1915E,  576. 

(theft) 1915E,  579. 

1917F,  543. 

(liability) 1915E,  580. 

1917F,  615. 

632 1917A,  1260. 

686 1917C,  944. 

772 1916B,  762. 

1040 1915E,  986. 

1121 19170,361. 


52  L.R.A.(N.S.) 

142.. 


.1916B,1186. 


52  L.R.A. (N.S.)— cont'd. 

574 .1916D,  832. 

801 1915D,  628. 

1916E,  1225. 
949 1915D,  322. 

L.R.A.1915A. 

694 1916E,  1173. 

862 1917E,  1137. 

L.R.A.1915B. 

793 1917C,  1032. 

834 1916E,716. 

L.R.A.1915D. 

172 1917D,938. 

408 1917A,  1202. 

628 1916E,  1225. 

691 1916E,  1295. 

1917F,  384. 
1021 1917D,  693. 

L.R.A.1915E. 

127 1916B.1021. 

287 1916F,  704. 

575  (theft  insurance)  .  .  .1917F,  543. 
(liability) 1917F,  615. 

L.R.A.1915F. 

703 1917B,  105. 

840 1916B,  1156. 

973  (976) 1917D,  756. 

L.R.A.1916A. 

23 1917D,  80. 

365 1917D.U7. 

409 1917D,51. 

443 1917D,  83. 

461 1917D,85. 

L.R.A.1916C. 

299 1917B,  1229. 

L.R.A.1916E. 

759 1917E,1083. 

1295 1917F,  384. 


L.R.A.1916F. 
223 


.1917F,365. 


UCSB 


UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 


A    000553185    0 


